Overview
Global antitrust activity is at an all-time high, as governments, regulatory agencies and law enforcement officials increase the number and scale of their investigations. Cross-jurisdictional cooperation is a fixture of anti-competition inquiries, while private litigation, including antitrust class actions, is also on the rise.
To meet these multi-front challenges, clients need legal counsel with experience, international reach and familiarity with all major national and international regulatory regimes and dispute-resolution forums. With a talented team and depth across our offices, McDermott provides effective, coordinated counsel on US antitrust law, EC competition law, China’s Anti-Monopoly Law and other competition laws worldwide.
We have analyzed the antitrust implications of thousands of mergers and acquisitions, many of which are considered among the most significant transactions in their respective markets. Our defense of antitrust class action price fixing cases is second to none. And our distribution practices team recently helped a client terminate approximately 100 distributor agreements across the United States without a single lawsuit in response.
Our record of success is borne out in the recognition we have received from other respected legal and industry ratings agencies such as BTI Consulting Group, Chambers and Partners, and U.S. News–Best Lawyers, and Global Competition Review as well as in publications, including Benchmark Litigation, The Legal 500, and The World’s Leading Competition and Antitrust Lawyers.
Related Capabilities
- Compliance Programs
We counsel clients on the development and implementation of compliance programs relating to intellectual property and IP licensing, mergers and acquisitions, distribution practices, business-to-business exchanges, risk arbitrage and standards setting, among other areas. We help our clients identify, engage and educate the correct target audience concerning possible antitrust risks and provide effective and comprehensive compliance training, policies, guidelines and programs for industry-leading companies in the United States and globally. McDermott also conducts antitrust audits to assist our clients in identifying antitrust risks and create strategies directed at mitigating such risks. - Distribution
We counsel manufacturers, suppliers, dealers and companies at all levels of the distribution chain concerning their commercial, transactional, regulatory and litigation needs. We help clients devise and modify distribution systems, implement cost-effective distributorship termination efforts, evaluate distribution systems in merger contexts, and pursue and defend distributor-dealer litigation. Our lawyers also have wide experience developing and documenting distribution agreements between parties to e-commerce transactions, including B2B enterprises. Our international capability allows us to advise multinational clients on distribution practices on an integrated, global basis. - White Collar
Criminal investigations in antitrust matters can result in stiff penalties for executives, including fines, jail time and follow-on private litigation. We work with clients to develop effective global antitrust compliance programs that can help employees and executives avoid potential antitrust violations (or the appearance of such violations). We have represented executives in high-profile US and global cartel investigations and litigation involving alleged anti-competitive bidding practices. - Foreign Subsidies Regulation
The EU Foreign Subsidies Regulation (FSR) becomes applicable in July 2023 and presents a new regulatory obstacle for global M&A transactions. We guide clients through the additional hurdles and mandatory filing requirements and advise on developing and implementing proactive tracking procedures for financial contributions received from non-EU member states to prepare for the new regulation.
