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Antitrust Counseling

Overview

Crowell & Moring's antitrust professionals regularly counsel high-profile clients on antitrust compliance issues, not only in conjunction with ongoing litigation or transactional work, but as a long-term relationship, collaborating with our clients on the day-to-day running of their businesses.

Our philosophy is grounded in business reality. We help our clients be responsive to their stakeholders and accomplish their business goals while minimizing — and managing — antitrust risk. We focus on quick turnaround and sophisticated advice grounded in the most up-to-date knowledge of the law, no matter how quickly it changes.

Crowell & Moring lawyers have particular knowledge in the following counseling "hot topics," and bring decades of experience in these areas to bear on their clients' daily business decisions:

  • Distribution relationships, including distributor and dealer agreement formation and enforcement, "gray market" and transshipment issues, channel management, distributor terminations, and distributor communications
  • Vertical pricing, including resale prices, price advertising, and price discrimination
  • "Dominant firm" conduct issues, including bundling and other pricing strategies, tying, discounting strategies, and aftermarket issues
  • Horizontal conduct issues, including competitor contacts and collaborations, participation in trade associations, and other industry collaborations
  • Employee antitrust training, and internal compliance audits and assessment

Contacts

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Insights

Client Alert | 3 min read | 04.22.24

DOJ, FTC, and HHS Unveil Portal for Public Reporting on Anticompetitive and Monopolistic Practices in Health Care

In the latest sign that federal enforcers remain focused on increasing antitrust enforcement, last Thursday, the Justice Department (DOJ), Federal Trade Commission (FTC) and the Department of Health and Human Services (HHS) revealed an online portal, HealthyCompetition.gov, to encourage the public to submit reports on potential anticompetitive and monopolistic conduct in the healthcare sector.  The initiative seeks to address concerns that such behavior may affect healthcare affordability and quality, and employee wages. ...

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Representative Matters

  • Advising a major manufacturer of electronics and musical instruments on its management of multiple dealer and distributor networks, including pricing, e-commerce and gray market issues
  • Representing a major chemical manufacturer in connection with multiple distribution networks, pricing, and production joint ventures
  • Representing a major rail and shipping company in matters concerning compliance reviews and training
  • Advising a major technology and manufacturing company with respect to its relationships with aftermarket service providers for its products
  • Advising a major manufacturer of aircraft engines on all antitrust issues and providing training to members of its team
  • Representing a major scuba gear manufacturer in matters related to its distribution networks, pricing, and gray market issues

Contacts

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Insights

Client Alert | 3 min read | 04.22.24

DOJ, FTC, and HHS Unveil Portal for Public Reporting on Anticompetitive and Monopolistic Practices in Health Care

In the latest sign that federal enforcers remain focused on increasing antitrust enforcement, last Thursday, the Justice Department (DOJ), Federal Trade Commission (FTC) and the Department of Health and Human Services (HHS) revealed an online portal, HealthyCompetition.gov, to encourage the public to submit reports on potential anticompetitive and monopolistic conduct in the healthcare sector.  The initiative seeks to address concerns that such behavior may affect healthcare affordability and quality, and employee wages. ...

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Insights

Client Alert | 3 min read | 04.22.24

DOJ, FTC, and HHS Unveil Portal for Public Reporting on Anticompetitive and Monopolistic Practices in Health Care

Firm News | 2 min read | 02.13.24

Antitrust Trial Lawyer Eric Enson Joins Crowell & Moring

Firm News | 2 min read | 09.14.23

New York Trial Lawyer Eric Aronson Joins Crowell & Moring

Client Alert | 3 min read | 06.30.23

FTC Proposes Major Overhaul of Hart-Scott-Rodino Process
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Professionals

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Insights

Client Alert | 3 min read | 04.22.24

DOJ, FTC, and HHS Unveil Portal for Public Reporting on Anticompetitive and Monopolistic Practices in Health Care

In the latest sign that federal enforcers remain focused on increasing antitrust enforcement, last Thursday, the Justice Department (DOJ), Federal Trade Commission (FTC) and the Department of Health and Human Services (HHS) revealed an online portal, HealthyCompetition.gov, to encourage the public to submit reports on potential anticompetitive and monopolistic conduct in the healthcare sector.  The initiative seeks to address concerns that such behavior may affect healthcare affordability and quality, and employee wages. ...

View All Insights