Antitrust

Practices and Industries

Mergers and Government Agency Representation:

In today’s competitive marketplace, companies need attorneys with a deep understanding of the complex antitrust issues that often arise in the context of mergers and acquisitions and civil enforcement actions. Companies facing regulatory scrutiny also need attorneys who understand and appreciate their clients’ businesses and growth strategies.


With presence in both the Washington, D.C. and New York offices, FLH’s antitrust attorneys have a proven track record representing clients before the Federal Trade Commission, the Antitrust Division of the Department of Justice, and state attorneys general. This experience, along with our attorneys’ prior government service, gives FLH’s antitrust attorneys an intimate knowledge of the enforcement agencies’ policies and agendas. It also has created strong working relationships with the agencies’ staff, allowing us to provide superior advice and service to our clients.

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Our work before the enforcement agencies includes:

• Representation of brand and generic drug manufacturers in the FTC’s review of Hatch-Waxman settlements (all successfully resolved without any enforcement actions)

• Negotiation and submission of information responsive to civil investigative demands and voluntary information requests

• Notification of patent settlements under the Medicare Prescription Drug and Modernization Act of 2003

• Review and clearance of proposed mergers under the Hart-Scott-Rodino Antitrust Improvements Act including divestiture recommendations


Hatch-Waxman Antitrust Practice:


FLH’s antitrust practice group has developed particular expertise representing both brand and generic drug manufacturers in their settlements of litigation arising under the Hatch-Waxman Amendments to the Federal Food Drug & Cosmetic Act. Given the complexity and currently unsettled nature of this legal area, companies involved in negotiating and settling patent pharmaceutical cases need competent antitrust advisors now more than ever.
 

Our antitrust attorneys are regularly at the table negotiating these settlement agreements with the goal of maximizing commercial results for the client, while minimizing the risk of antitrust scrutiny. In particular, we have counseled several innovator companies on whether the inclusion of certain terms in Hatch-Waxman patent settlements would likely be of concern to the Federal Trade Commission. After a full analysis of the competitive effects certain settlement terms may have in light of the agreement’s fact-specific context and the client’s commercial goals, we make recommendations to our clients regarding the risks posed by particular settlement provisions.

 
Antitrust Counseling and Litigation:

In order to provide meaningful and effective antitrust counseling and litigation advice, it is imperative that attorneys first understand each client’s commercial goals. With these client-specific goals in mind, our antitrust attorneys are well-equipped to provide sophisticated yet practical advice which has resulted in major successes for firm clients.

          Antitrust Counseling

In addition to our government agency and Hatch-Waxman counseling, our attorneys regularly advice clients on the antitrust risks associated with pharmaceutical lifecycle planning. Here, our antitrust attorneys work closely with FLH’s transactional and regulatory attorneys to ensure that the client’s lifecycle plan is sound, both legally and commercially.

FLH’s seasoned antitrust practitioners have extensive experience in industries beyond the pharmaceutical arena including: consumer electronics, energy, Internet and network technologies, finance, insurance, automotive, and food distribution. Our attorneys regularly advise businesses in these areas and others on their antitrust risk and exposure in day-to-day operations, including product licensing, distribution and pricing, mergers and acquisitions, joint venture and competitor collaboration arrangements, and participation in trade associations.

            Antitrust Litigation

FLH’s antitrust attorneys also have considerable experience representing both plaintiffs and defendants in complex multi-jurisdictional antitrust cases involving allegations of horizontal price fixing, market allocation, boycotts, resale price maintenance, price discrimination, tying, and monopolization. In addition, our antitrust attorneys and patent litigators work together in the day-to-day litigation and settlement of patent infringement suits, as these cases often involve antitrust claims, defenses, and consequences.