Food, beverage and agribusiness clients rely on McDermott for guidance on the full range of antitrust and competition-related issues within the United States, Europe, China and elsewhere around the world. We advise clients on all aspects of antitrust compliance and litigation involving merger control, cartels and government investigations.
Many of our lawyers have held senior positions in the Antitrust Divisions of the US Federal Trade Commission (FTC) and Department of Justice (DOJ). Internationally, we represent clients before the Directorate General for Competition (European Commission) as well as EU Member State enforcement authorities, Chinese enforcement agencies, and federal and national judicial systems in the United States, Europe and Asia.
We have extensive experience conducting antitrust and regulatory compliance audits and risk assessments, and advising domestic and multinational clients on antitrust market positioning. Our lawyers provide strategic counsel on distribution practices and the structuring of distribution network agreements, and assist clients in evaluating and implementing favorable modifications to their distribution systems and relationships.
We also advise on complex distribution issues involving two-sided markets, margin squeeze, parallel trade, internet distribution (including e-commerce), pricing, rebates, bundling, differential treatment of customers, aftermarkets and dominance. When appropriate, we develop strategic approaches for implementing the termination of a single distributorship or a system-wide change. We have been involved in some of the largest mergers and acquisitions, and our antitrust litigators are leading the defense of two of the largest class action price-fixing litigations in the industry.
A multibillion pet food business in an acquisition, with securing US antitrust clearance
A global agribusiness in its acquisition of a competitor’s worldwide cocoa operations
A global brewer conglomerate in the successful negotiation with a large Mexican brewer, resulting in one of the largest divestitures in history, ensuring approval of its $20 billion merger, creating the third-largest brewer in the United States
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