As government agencies ramp up their scrutiny of potential antitrust and anti-competitive activity, McDermott’s antitrust lawyers represent clients in all types of government investigations, including defending grand jury investigations, price fixing investigations, investigations on monopolization and unfair competition, and related parallel investigations.
Investigations spurred by competitor complaints are also a growing area of concern, particularly where standards setting—even under programs promulgated by other federal and state agencies—is seen by certain companies as placing them at a disadvantage. Drawing on our firsthand knowledge of agency priorities and investigative procedures, we help clients work with within the investigative framework and develop compelling arguments that demonstrate the validity and legality of their business practices.
From an offensive standpoint, this same agency experience can work to our clients’ advantage. We have successfully represented parties seeking government investigations of anti-competitive mergers, acquisitions, other transactions and practices with the potential to harm our clients.
Our international network of offices allows us to assist clients in these matters on a multi-jurisdictional basis, a critical capability given the ever-increasing level of cooperation between the international competition law enforcement authorities. Our primary goal is to act as an antitrust early warning system, helping clients identify activities and transactions that may increase antitrust and competition, develop and implement proactive strategies, and work with investigators to resolve issues quickly and fairly.