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Antitrust Counseling Practice

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 to be responsive to their stakeholders and accomplish their business goals while minimizing – and managing – antitrust risk. We specialize in quick-turnaround, sophisticated advice grounded in the most up-to-date knowledge of the law, no matter how quickly it changes.

Crowell & Moring attorneys have particular expertise 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

Crowell & Moring's active counseling representations include:

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

For more information about our antitrust counseling practice, please contact Robert Lipstein or Bridget Calhoun.

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