Antitrust and Government Contractors
Overview
Companies that contract with federal and state governments often face heightened antitrust risk and unique and complicated legal challenges—whether in the context of civil or criminal investigations, litigation, or the merger review and approval process. Navigating the intersection of antitrust law and government contracting requires a nuanced understanding of the relevant regulatory regimes and deep knowledge and experience with the industries they affect. Our firm offers a unique advantage: Chambers-ranked Antitrust and Government Contracts groups with more than 50 years of advising clients across the full spectrum of antitrust and competition issues these clients face.
Our team has deep experience representing clients across the full spectrum of government-facing industries, from aerospace and defense, to health care, construction, IT, transportation, technology, and others, and prides itself on developing and implementing tailored solutions that allow our clients to achieve their business goals while minimizing their legal risk. These matters often involve not only complex legal questions but also require a deep familiarity with the procurement process, enforcement priorities, and the strategic realities faced by government contractors. Our team operates collaboratively, bringing integrated insight and practical solutions to handle these unique legal issues. For example:
- Steering M&A activity through the joint DOJ/FTC and DOD review processes
- Navigating complicated teaming issues and other interactions with “competimates”
- Handling the intricacies of dealing with classified businesses and materials
Government Experience
Many of our attorneys have held positions in the federal government, including Department of Justice, Federal Trade Commission, Department of Defense, Office of Federal Procurement Policy, and the Government Accountability Office. This experience allows our team to provide targeted guidance and a strong defense to government contractors facing civil or criminal antitrust investigations, or just needing tailored guidance regarding how to achieve their business goals without raising undue antitrust risk. If you are a government contractor, our integrated team is ready to help.
Read more about our Government experience .
Representative Issues We Help Government Contractors Navigate:
- Department of Justice (DOJ) Procurement Collusion Strike Force investigations
- Allegations of bid rigging, price fixing, or market allocation in the government contracting space
- Internal investigations and compliance counseling related to potential bid rigging, price fixing, or other misconduct
- Hart–Scott–Rodino (HSR) filings and regulatory strategy for transactions involving government contractors
- Antitrust risk assessment and clearance strategies for deals in sensitive sectors such as defense, aerospace, and information technology
- Coordination with agency-specific review processes, such as the Department of Defense (DoD)
- Representation in private antitrust litigation against government contractors
- Strategic counseling on teaming agreements, joint ventures, and subcontractor arrangements
- Design and implementation of antitrust compliance programs tailored to the government contracting environment
Key Contacts
Partner
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