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

Insights

Client Alert | 2 min read | 09.30.26

The COMPETE Act Becomes Law – What the New Antitrust Law Means For California Businesses

California AB 1776 (Aguiar-Curry) — dubbed “The Competition and Opportunity in Markets for a Prosperous, Equitable and Transparent Economy (COMPETE) Act” — was signed into law by Governor Gavin Newsom, on September 30, 2026. The new law, which takes effect on January 1, 2027, bans single-firm monopolization, making it “unlawful for every person to monopolize or monopsonize, attempt to monopolize or monopsonize, maintain a monopoly or monopsony, or combine or conspire with another person to monopolize or monopsonize any part of trade or commerce.” Crowell & Moring served as counsel to the California Chamber of Commerce (CalChamber) throughout the legislative process, advising on the bill’s impact and advocating for critical amendments designed to preserve competition and innovation in California....

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

Insights

Client Alert | 2 min read | 09.30.26

The COMPETE Act Becomes Law – What the New Antitrust Law Means For California Businesses

California AB 1776 (Aguiar-Curry) — dubbed “The Competition and Opportunity in Markets for a Prosperous, Equitable and Transparent Economy (COMPETE) Act” — was signed into law by Governor Gavin Newsom, on September 30, 2026. The new law, which takes effect on January 1, 2027, bans single-firm monopolization, making it “unlawful for every person to monopolize or monopsonize, attempt to monopolize or monopsonize, maintain a monopoly or monopsony, or combine or conspire with another person to monopolize or monopsonize any part of trade or commerce.” Crowell & Moring served as counsel to the California Chamber of Commerce (CalChamber) throughout the legislative process, advising on the bill’s impact and advocating for critical amendments designed to preserve competition and innovation in California....

Professionals

Insights

Client Alert | 2 min read | 09.30.26

The COMPETE Act Becomes Law – What the New Antitrust Law Means For California Businesses

California AB 1776 (Aguiar-Curry) — dubbed “The Competition and Opportunity in Markets for a Prosperous, Equitable and Transparent Economy (COMPETE) Act” — was signed into law by Governor Gavin Newsom, on September 30, 2026. The new law, which takes effect on January 1, 2027, bans single-firm monopolization, making it “unlawful for every person to monopolize or monopsonize, attempt to monopolize or monopsonize, maintain a monopoly or monopsony, or combine or conspire with another person to monopolize or monopsonize any part of trade or commerce.” Crowell & Moring served as counsel to the California Chamber of Commerce (CalChamber) throughout the legislative process, advising on the bill’s impact and advocating for critical amendments designed to preserve competition and innovation in California....