Overview
– The Legal 500 US
Companies and individuals need the right legal counsel to meet the multifront challenges of today’s global antitrust landscape. They turn to McDermott’s antitrust team for the experience, international reach and familiarity with all major national and international regulatory regimes and dispute-resolution forums. We provide effective, coordinated counsel on antitrust and competition laws worldwide.
Understanding our clients’ industries is paramount to our success. Our experience encompasses most industries and across all sectors of the economy, including healthcare and life sciences; food, beverage and agribusiness; technology; building materials; aerospace and defense; and many others.
Capabilities
LITIGATION AND INVESTIGATIONS
We have been at the forefront of many of the landmark antitrust litigation cases of this century and have played a leading role in numerous major criminal cartel investigations brought by the US Department of Justice and other international enforcers. Our lawyers can assist companies and individuals at every step when they’re faced with government investigations, criminal cartel defense, class action defense and other civil litigation.
MERGERS AND ACQUISITIONS
We understand the concerns of business leaders and regulators alike across the world and have a reputation for success in even the most difficult, complex deals. A substantial portion of our M&A work involves situations where we are the “hired gun,” hired specifically to handle the merger clearance process while other leading international firms manage the corporate transaction. Our antitrust team has extensive experience handling matters involving:
- Hart-Scott-Rodino Act and US merger clearance
- European Commission and member state merger notification and clearance
- Multijurisdictional filing assessment and management
- Representing third parties impacted by a merger or acquisition, including fast-turn responses to enforcers’ data demands
- EU Foreign Subsidies Regulation
- Foreign Direct Investment assessment and filings
- EU competition law
- European state aid counseling and litigation
BUSINESS COUNSELING
Our team thrives on developing lasting relationships with clients through which we develop keen insights into their businesses, competitors and strategies. This allows us to serve as strategic counselors across their competition law requirements. We assist not only with major events such as litigations, investigations and M&A but also in a broad range of day-to-day business counseling. Effective counseling can mitigate investigations and litigation for clients.
We regularly assist clients in connection with the following issues:
- Antitrust compliance programs and audits
- Competitor collaborations and teaming arrangements
- Trade association membership and conduct
- Interlocking directorate counseling under the Clayton Act
- Distribution network structuring, including dealer terminations
- Robinson-Patman Act/price discrimination
- Resale price maintenance/minimum advertised pricing programs
- Exclusive contracts
- Refusals to deal with rivals
- Pricing and discounting arrangements, including loyalty and bundled discounts
- Multiproduct arrangements raising tying or bundling considerations
- Intellectual property restrictions
- Standard setting
