Our antitrust and trade regulation practice is composed of an interdisciplinary team of lawyers from our litigation, corporate, government policy, and intellectual property groups. We have the resources and experience necessary to solve complex issues relating to the regulation of competition and other trade practices. Our broad range of services includes structuring transactions, business relationships, sales practices and internal processes to avoid antitrust and trade regulation problems and representing clients in state and federal courts throughout the U.S., in investigations and proceedings before state and federal regulatory agencies and industry arbitration panels.

Our attorneys have litigated a number of precedent-setting cases involving antitrust, trade secrets, non-competition agreements, franchising and unfair competition. We routinely interact with state and federal regulators on matters involving investigations and adversarial agency proceedings and on the formulation of rules and policies. Our attorneys have also held leadership positions in state and national professional associations and with the U.S. Department of Justice, the Federal Trade Commission and the staff of the United States Senate Judiciary Subcommittee on Antitrust and Monopolies. We have been instrumental in the implementation of important antitrust and trade secrets legislation, including the Hart-Scott-Rodino Antitrust Improvements Act of 1976, the Michigan Franchise Investment Law and the Michigan Trade Secrets Act.

The antitrust and trade regulation group has expertise in a wide range of industries, including automotive and automotive equipment manufacturing and distribution, securities, health care, medical devices, art, fast food, motor sports, sporting goods, recreational products, furniture, office products, machine tools, computer hardware and software, banking and finance, toys, retailing, transportation, energy (including utilities), household products, manufactured housing, glass and government contracting.

Antitrust Litigation Experience

Our antitrust litigation experience includes civil, criminal and administrative matters for corporate, trade association and individual clients involving:

• Mergers, acquisitions and joint ventures
• Price-fixing, bid-rigging, Robinson-Patman price discrimination, predatory pricing and other price-related issues
• Monopolization, attempted monopolization and conspiracies to monopolize
• Exclusive dealing arrangements and vertical restraints of trade
• Termination of dealers, franchisees and suppliers
• Tying
• Group Boycotts
• Class actions
• Antitrust issues arising from intellectual property disputes

Antitrust Counseling and Compliance Practice

Critical elements of our antitrust practice include prevention of future antitrust risks and helping clients to attain their business objectives in compliance with U.S. and foreign antitrust laws. Thus, a substantial amount of our work is devoted to client counseling and compliance on matters such as:

• Structuring mergers, acquisitions, and joint ventures
• Trade association activities
• Enforcement of intellectual property rights
• Structuring dealer relationships and effectuating dealer terminations
• Identifying and preventing possible antitrust problems involving pricing, market division and group boycotts
• Pre-merger notification filings (under the Hart-Scott-Rodino Antitrust Improvements Act and foreign antitrust laws)
• Conducting antitrust audits and preparing corporate compliance manuals
• Preventative education (formal and informal programs aimed at helping key personnel identify potential antitrust issues and avoid potential problems)

Trade Regulation Experience

Our trade regulation activities on behalf of our clients include litigation and advice on:

• Franchise issues, including drafting of disclosure documentation and litigation involving franchise termination, breach of franchise agreements, fraud and violation of state franchise disclosure laws
• Trade Secrets and Non-Competition issues, including drafting of agreements, formulation of corporate strategies to protect trade secrets and litigation and arbitration
• Advertising and other product claims
• Product pricing and labeling
• Warranty matters, including Magnusson-Moss Warranty Act compliance
• Consumer product and motor vehicle reporting and recalls
• Sweepstakes and promotions
• Special laws and rules governing certain industries, including petroleum distribution, automobile and equipment dealerships¸ securities, funeral services, manufactured housing, health care, and beer and wine distribution

For more information about our antitrust and trade regulation practice, please contact:
Leaders Howard Iwrey 248-203-0526
or Barbara L. Mandell 248-203-0570