Antitrust and Competition

Antitrust and competition law are an ever-increasing concern for participants in today’s markets. When does a collaborative business venture become a cartel? A growing firm become a monopolist? Or aggressive business strategies become unlawful predatory conduct? These are just a few of the complex questions that Ober|Kaler’s Antitrust and Competition Group answer based on experience, confidence and authority.

The current administration in Washington has emphasized that it will put some industries – health care, insurance and banking – under the antitrust microscope. But others can also expect closer antitrust scrutiny than in the past.

Ober|Kaler antitrust attorneys are thoroughly knowledgeable with many years of experience in defending and prosecuting private party and government agency actions throughout the country. Our group includes two former trial attorneys with the health care enforcement section of the U.S. Department of Justice Antitrust Division; a former staff attorney with the Federal Trade Commission, Bureau of Competition, Health Care Services and Products Division; the former head of antitrust enforcement in the Virginia Office of Attorney General; and a current adjunct professor of antitrust law.

New standards and precedent-setting cases are continually redefining the rules of the marketplace. Thus, it is crucial to retain legal counsel with experience in evaluating – and a successful track record in litigating – antitrust claims and issues under the federal and state antitrust laws. Ober|Kaler’s Antitrust and Competition Group is best known for its formidable representation of hospitals, physicians, and other health care entities across the country, but has also represented sporting goods manufacturers, retail stores, financial institutions and many other types of businesses.

We provide a wide range of antitrust and competition law services, including representation involving:

  • Private party treble damages litigation, including trial and appellate work, on behalf of defendants and plaintiffs
  • Government agency investigations and enforcement actions, including those prosecuted by the
    • Federal Trade Commission
    • U.S. Department of Justice Antitrust Division
    • State Attorneys General
  • Mergers and acquisitions, including the clearance process under the Hart-Scott-Rodino and state laws and regulations
  • Alternative dispute resolution, as both a resolver and advocate in arbitration and mediation
  • Developing and reviewing organizational structures and practices for competitor collaborations, including joint ventures, networks, professional associations and other forms of integration 
  • Developing and implementing antitrust compliance guidelines, audits and programs
  • Assessing clients’ business activities and operations and preparing legal opinions concerning potential risk and strategies for compliance under the antitrust laws

Whether handling a complex government investigation, litigating a private antitrust suit, or counseling, Ober|Kaler antitrust attorneys provide clients with the invaluable analysis, advice and advocacy they require in order to determine the strategic direction that best meets their goals and objectives. In doing so, we always provide our experienced judgment taking into account not only the appropriate antitrust analysis, but also risk assessment and the client’s business goals.  

Related Practices

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