We believe that the best solution to antitrust concerns is to clarify the business objective and find a way to achieve it with minimal antitrust pain. Since its founding in 1983, Wiley Rein has counseled clients whose businesses are subject to U.S. antitrust laws, foreign competition laws, or “public interest” issues in regulatory proceedings. We focus on an in-depth analysis of business goals and a careful assessment of how alternative strategies trade off risk and achievement. We litigate when necessary or advantageous but always with a view to business success. Our attorneys have specialized expertise in issues arising for a host of industries, including advertising agencies, airlines, batteries, cement, communications satellites, communications services, financial services, health insurance, industrial minerals, rental cars, software manufacturers, sporting goods, and steel manufacturing, among many others.
We advise on the competition law inherent in transactions—including potential Clayton Act Section 7 challenges and HSR reporting obligations—and provide antitrust advice on:
- Avoidance of signaling problems in public statements;
- Advertising and pricing issues, including claims under the Robinson-Patman Act and state below-cost statutes;
- Competitor collaborations and joint ventures;
- Membership rules and member discipline, information exchange, and other trade association activities;
- Dealings with customers and distributors;
- Participation in standard setting organizations and the competitive impact of proposed standards;
- Mergers and acquisitions, both international and domestic;
- Litigation and antitrust issues involving product distribution, pricing, and intra-industry relations;
- Private treble damage actions, including class actions;
- Representation before federal and state regulatory agencies;
- Responding to government investigations;
- Filing of amicus briefs; and
- Patent-antitrust issues.
Our attorneys give clients realistic business advice, taking into account regulatory, market and business concerns and objectives. This allows clients to take the path most beneficial for the company.
We maintain relations with U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) staff. Our sensitivity to government concerns has enabled us to craft and broker creative solutions to difficult situations without impairing our clients’ business interests.
In addition to having extensive experience and sound knowledge in antitrust law, Wiley Rein attorneys are actively involved in monitoring legislative matters on Capitol Hill and are on the forefront of issues in this area. Many of our attorneys serve as members of nonprofit organizations relating to antitrust, including serving in leadership roles. Wiley Rein’s Antitrust attorneys and practice offer a sophisticated and comprehensive approach to facilitating any small or large antitrust need a client presents.
Our representative experience on behalf of our clients includes:
- Defending a multi-billion-dollar treble damages action and related government investigation against an airline client.
- Defending a treble damages action against a client for attempted monopolization and contracts in restraint of trade, winning on summary judgment.
- Defending a major treble damages class action against the cement and concrete industry in Florida where we had our client successfully dismissed from the case.
- Handling representations by several clients in their dealings with DOJ investigations regarding mergers in their industries and responding to civil investigative demands (CIDs).
- Representing one of the largest steel producers in the United States in a Section 2 antitrust case in the Northern District of Alabama.
- Representing trade associations in the airline, battery, insurance, and manufacturing industries on all issues of antitrust compliance.
- Winning summary judgment dismissing defendant’s antitrust counterclaim in a patent case involving one of the fastest-growing segments of the eyeglass market—individually optimized progressive eyeglass lenses.
- Pursuing regulatory antitrust immunity as part of our representation of one of the world’s largest regulated-industry trade associations and determining the appropriate boundaries of permissible industry cooperation.
- Assisting communications clients sort out the complex interaction of Federal Communications Commission (FCC) regulation and antitrust enforcement, including the sale of 13 television stations for $940 million to four separate buyers in coordinated transactions.
- Providing expert testimony on the complex regime governing international airline rate setting and distribution practices.
Comcast v. Behrend: Footnote 5 and the Ghost of Carolene Products
By Bert W. Rein and John B. Wyss
April 26, 2013 | Bloomberg BNA's Class Action Litigation Report
'Pomdering' the FTC's Substantiation Doctrine and the First Amendment
By Bert W. Rein and John E. Barry
August 22, 2012 | Bloomberg BNA's Antitrust & Trade Regulation Report
Administrative Law Bulletin: Coalition For Responsible Regulation v. Environmental Protection Agency Highly Deferential Judicial Review of Agency Scientific Determinations
By Bert W. Rein, Richard L. McConnell and Brendan J. Morrissey
July 9, 2012