Background - Practices (Details)

Antitrust and Competition

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Repeatedly recognized by Chambers, Global Competition Review,and other publications as one of the top antitrust practices in the world, Crowell & Moring’s global Antitrust and Competition Group has over 80 lawyers strategically located throughout the U.S. and Europe. Our team includes former high-ranking officials from the U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and European competition agencies. Our team regularly represents multinational corporations and their executives in cross-border transactions being reviewed by competition agencies in multiple jurisdictions, civil and cartel investigations in the U.S. and abroad, and private litigation in the U.S. and Europe. 

Our team has significant experience representing global and Latin American-based companies in competition matters in Latin America, the U.S., and Europe. Our lawyers have represented clients before Latin American competition agencies in matters ranging from merger clearances to cartel and abuse of dominance cases, including merger clearances for Goldman Sachs, DuPont, United Technologies, AT&T, KKR, Blackstone, Siemens, and Apollo Global Management. We have partnered with local counsel when representing our clients before key Latin American competition agencies, including Brazil’s CADE and Anatel (Brazilian Telecommunication Agency), Mexico’s COFECE, Colombia’s Superintendence of Industry and Commerce, the Argentine National Commission for the Defense of Competition, and the Chilean National Economic Prosecutor (FNE) and Competition Court.

In addition, while serving as senior U.S. antitrust officials, our partners led investigations and policy initiatives that involved working closely with competition enforcers in Latin America. This included working on merger and criminal investigations involving the energy, airline, transportation, telecommunications, and automotive industries; assisting with the establishment of formal cooperation agreements between U.S. antitrust agencies and their Latin American counterparts; and participating in technical assistance programs where U.S. antitrust agencies work with Latin American countries to develop enforcement policies and procedures, including advising government officials in Chile regarding certain FNE merger and remedy guidelines.

Our antitrust M&A practice also has significant experience assisting Latin American clients throughout the entire U.S. and EU regulatory review process.  Our M&A practice takes clients from antitrust planning in the initial stages of a transaction, through the Hart-Scott-Rodino and Global premerger notification process, responding to second requests from the FTC or the DOJ, or Phase II investigations in Europe or elsewhere, and through to the negotiation of remedies or merger litigation.  Our cartel specialists routinely represent foreign corporations and executives in investigations being conducted by the DOJ or the EU and closely coordinate with local counsel in parallel investigation being conducted by competition agencies in Latin America and other regions. Similarly, our litigators regularly represent foreign corporations and their executives in private actions filed in the U.S. and Europe and closely coordinate with local counsel in related parallel cases in Latin America and other regions.