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.
A high-tech manufacturer in connection with the DOJ’s investigation regarding a recent acquisition. Currently defending a major Japanese auto parts manufacturer in investigations by the competition authorities in the EU, the United States, Korea, South Africa, Brazil, Mexico and Canada with respect to alleged anti-competitive bidding activity in the sale and supply of motor vehicle components. This investigation presented various separate criminal law violations. McDermott’s team, composed of more than 15 lawyers in the EU and United States, worked very closely together to advise this Japanese client on the defense of its interests and executives in the various jurisdictions.
Generic drug manufacturers with a government investigation into potential antitrust violations in the generic drug industry. Regulators have accused some generic drug companies of colluding to fix the supply and prices of some products. The investigation into potential anticompetitive practices began in late 2014, after which a number of drug makers have been asked to explain price hikes. Since then, the US Congress launched an investigation and asked 14 generic drug makers to provide data about what it said were escalating prices for generic medicines.
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.