Antitrust significantly impacts commercial business throughout the United States – from monopoly lawsuits against Big Tech to horizontal price-fixing cases to the development of antitrust compliance programs for start-ups. Irrespective of size, businesses must comply with antitrust laws, trade regulations and consumer protection rules to help avoid liabilities.
Saul Ewing’s antitrust attorneys advise large and small corporations and corporate officers in a variety of industries — from pharmaceuticals to higher education, real estate and insurance — on antitrust, trade regulation and consumer protection matters at the state and federal levels across the United States. We are highly experienced in all aspects of antitrust litigation, from motion practice to complex discovery, engagement and work with experts, settlement of individual and class antitrust claims, class certification and trials.
Our team advises on:
- Antitrust investigations and enforcement, with our attorneys who include former federal prosecutors
- Civil antitrust litigation, defending companies and executives in litigation and representing them when they want to opt-out of class actions
- Antitrust counseling matters, including on Hart-Scott-Rodino Antitrust Improvements Act of 1976 issues, pricing policies, distribution and franchise practices, distributor and dealer termination, joint ventures, advertising, and warranties
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Compliance programs, including guidance on and development and ongoing maintenance of policies and procedures
View a selection of our antitrust representations.
- The country’s fifth largest real estate brokerage in nationwide antitrust class actions filed in Georgia and Missouri alleging that the company engaged in a conspiracy with the National Association of Realtors and other brokerages on broker commission sharing.
- Multiple universities in antitrust class actions challenging the methodology of evaluating financial need. Our firm has secured multiple dismissals.
- A staffing company in an antitrust lawsuit brought by a state Attorney General claiming a no-poach conspiracy.
- Various third-party subpoenas and Civil Investigative Demands by the DOJ/FTC in connection with merger challenges.
- A distributor in a price discrimination claim alleging unlawful discounts and rebates provided by the manufacturer. The firm obtained a dismissal with prejudice of the claims made.
- A life sciences services provider in the successful outcome of an antitrust claim brought by a generic pharmaceutical company alleging that our client illegally conspired with its branded pharmaceutical supplier to monopolize the market for a kidney stones drug.
- An insurance company in a dispute claiming an antitrust conspiracy amongst Colorado homeowner's policy carriers to boycott insureds through use of the CLUES database. Our firm obtained dismissal of all antitrust claims.
- A manufacturer in defeating antitrust claims brought by a distributor of industrial pumps against it in a California district court alleging wide-spread antitrust conspiracy in connection with a new form of a distribution agreement and other market activities, helping the client not only defeat the litigation but obtain the distributor’s signature on the new distribution contract.
- A multi-national software development company specializing in the development of a major cloud commerce platform in its sale to an IT distribution company for approximately $90 million. We provided Hart-Scott-Rodino Act and 280G compliance related to the sale.
- A multi-hospital system with guidance on a variety of antitrust matters, including developing policies.
- A publicly traded pharmaceutical company in its acquisition of a biopharmaceutical company. We provided premerger due diligence with respect to antitrust issues.
- Stockholders in a beer, wine and spirits distribution company in the sale of their remaining 89 percent of common stock to several trusts owned by the principals of another beverage distribution company, which included advising on Hart-Scott-Rodino Antitrust Improvements Act matters.
