Protorae Law’s attorneys have decades of experience helping small and large businesses navigate a range of complex antitrust regulations and laws to secure their business objectives. We have developed antitrust compliance programs for standard setting organizations and trade associations, assisted clients in clearing regulatory hurdles for mergers and joint ventures, and been at the forefront of some of the largest antitrust litigations in U.S. history.
Our attorneys have extensive experience solving sophisticated antitrust issues across a wide range of industries, including agriculture, technology, defense, automotive, pharmaceutical, chemicals, health care, manufacturing, retail, and consumer products.
In recent years, Protorae Law’s attorneys have been heavily involved in antitrust and trade regulation matters involving agricultural cooperatives. We have intimate familiarity with the reach of the federal Capper-Volstead Act antitrust exemption and state analogue exemptions. Indeed, our firm is one of the few whose attorneys have litigated the exemptions from both the plaintiff’s and defendant’s side. Our attorneys use this experience to provide guidance to agricultural cooperatives to ensure that they do not run afoul of the antitrust laws.
Protorae Law’s attorneys have aggressively represented plaintiffs and defendants in a broad array of complex antitrust litigation, including claims of conspiracy, price fixing, bid-rigging, group boycotts, monopolization, and predatory pricing. We have handled numerous bet-the-company and other high-stakes litigation matters, and pursued these cases through trial. All told, our Antitrust Team’s attorneys have assisted their plaintiff clients obtain some of the largest recoveries on record, while also helping their defense clients secure complete defense verdicts.
Representative matters include:
- Defending an agricultural producer in a complex antitrust MDL involving allegations of coordinated supply reduction efforts. Defense of claims brought under Sherman Act and antitrust and consumer protection laws of 21 states. Defending two class actions (direct and indirect purchasers) and five “opt-out” cases involving over 20 plaintiff grocery store chains and food service companies.
- Defending an agricultural producer in complex antitrust litigation involving allegations of coordinated supply reduction efforts by co-producers. Defending Kansas Restraint of Trade Act claims.
- Prosecuting price fixing claims against a group of large cathode ray tube manufacturers.
- Defending aftermarket automobile parts manufacturer in industry-wide antitrust MDL and class actions.
We help our clients ensure antitrust compliance throughout their acquisitions, mergers, divestitures, joint ventures, and licensing agreements. Our attorneys are experienced in the filing of pre-merger notifications with the FTC and DOJ, navigating regulatory hurdles, and obtaining approval of proposed mergers and acquisitions. Moreover, we work closely with Protorae Law’s Intellectual Property Team to advise clients on antitrust issues related to their patent portfolios and to assist them in licensing their intellectual property.
Counseling and Compliance
We help clients establish policies and procedures designed to avoid antitrust liability. Our attorneys conduct audits to uncover potential exposure, and assist clients in developing and implementing compliance and training programs to minimize risk. Additionally, we work with large and small companies to implement effective sales and distribution strategies, including minimum resale price requirements and customer or territorial resale restrictions.
LEGAL DISCLAIMER: THE RESULTS OF ALL CLIENT MATTERS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH MATTER. PAST SUCCESSES DO NOT PREDICT OR GUARANTEE FUTURE SUCCESSES.