Insuring compliance with the antitrust laws in the United States can be a time-consuming and complex endeavor. Two different federal agencies -- the Federal Trade Commission and the Antitrust Division of the Department of Justice -- enforce multiple antitrust laws and sometimes disagree on enforcement policies and priorities. The mandates of these agencies frequently intersect with the missions of other federal agencies, including the Patent and Trademark Office, the Food and Drug Administration, and the Federal Communications Commission. Further complexity is introduced by the State Attorneys General, which enforce divergent state antitrust laws and emphasize varying enforcement priorities. Criminal sanctions for price-fixing, civil litigants seeking treble damages, and class actions further raise the stakes that companies face in the United States.
O'Melveny's US Antitrust and Competition Practice is well-positioned to guide companies through this daunting maze. O’Melveny offers unmatched breadth and quality of expertise in litigating antitrust cases in federal and state courts, representing companies before federal and state antitrust agencies, and counseling clients on the nuances of both federal and state antitrust laws. Our lawyers have extensive experience representing both companies and individuals facing criminal antitrust charges, litigating complex civil class actions, and obtaining regulatory approval of high-profile mergers. We provide ongoing counsel to clients facing complex and evolving business issues, including the design of antitrust-compliant licensing and distribution agreements and the development of legal strategies in precedent-setting price-fixing and monopolization cases.
Our lawyers augment their capabilities by partnering closely with renowned economists and consultants. Our advocacy and antitrust victories have set legal precedents, changed industry landscapes, and shaped antitrust policy worldwide. Indeed, our efforts have been recognized by organizations like
Global Competition Review,
Chambers USA,
Legal 500, and the
International Who’s Who of Business Lawyers. Further, many of our lawyers have distinguished themselves through their innovative efforts and leadership before the bench, at the negotiating table, and within the Bar. Within our ranks are veteran Executive Branch and Capitol Hill policy makers, some of the most respected litigators and regulatory antitrust attorneys, and experts in antitrust and competition policy in the United States.
O’Melveny’s antitrust team has successfully represented companies in many sectors of the economy, including aviation, banking, chemicals, defense, entertainment, health care, high technology, manufacturing, oil and gas, retailing, and telecommunications.
Key Facts
- O’Melveny’s Antitrust and Competition practice was shortlisted for Chambers USA Awards for Excellence in antitrust for 2010. In addition, practice co-chair Richard Parker was a finalist for the Award for Excellence in Antitrust in 2009.
- Global Competition Review's 2010 edition of GCR 100―its guide to the world’s leading competition practices―lists O’Melveny’s DC practice in its “Elite” section, commenting that the “strength of the firm’s antitrust team wins praise from rivals,” and lists our California antitrust practice in its “Highly Recommended” category, stating that O’Melveny “boasts one of California’s strongest antitrust practices.” In GCR’s 2009 edition of GCR 100, O’Melveny was listed in the “Global Elite” section―GCR’s list of the top 20 antitrust firms worldwide.
- Competition Law360 named O'Melveny as one of six elite "Competition Firms of the Year" in 2009.
- Our Washington, DC practice was chosen as the “Best Law Firm in Washington DC for Antitrust Work 2009/10” by Corporate INTL Magazine.
- Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms and Attorneys (2010) ranks our national antitrust practice as one of the leading practices in the US.
- Legal 500 consistently recommends our Antitrust/Competition Practice for competition matters. Legal 500 USA (2010) says that our “strong and growing reputation in the market is richly deserved as a result of a series of high-profile mandates and impressive bi-coastal coverage,” and that we have “a growing presence for litigation and merger clearance work.”
- Chambers USA (2010) ranks O’Melveny’s antitrust practice as among the leading practices in California, DC, and Nationally. Chambers says that “This excellent antitrust group is particularly noted for its expertise in criminal antitrust matters.” Sources are quoted as stating “They are antitrust gods – they have forgotten more than most of us will ever know;” “[O’Melveny] understands the complexity of a case and always assigns the right attorneys;” and “A solid bench of attorneys with deep insight into the agencies and the full range of expertise in merger clearance and litigation.”
- Chambers Global (2010) commends our global practice, stating that our team “is widely respected for its involvement in many significant competition and antitrust cases,” and has “well-established relationship with enviable clients from a variety of sectors.”
- Our practice co-chairs are former high-ranking officials in the US FTC: Tim Muris served as FTC Chairman from 2001 to 2004, and Rich Parker was Director of the FTC's Bureau of Competition from 1999 to 2001. Both were recently recognized in Washingtonian magazine’s biennial "Top Lawyers" list, published in December 2009, in the category “Playing Monopoly...The best in the business for helping clients deal with antitrust and competition laws.”
Practice Strengths
Cartels and criminal investigations
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• Global experience in amnesty/leniency programs in the US, EU, and Japan
• Price fixing and bid rigging
• Customer and market sharing
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Civil litigation and advocacy
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• Direct and indirect purchaser class actions
• Litigation between corporations alleging monopolization and other antitrust violations
• Litigation at the crossroads of antitrust laws and intellectual property rights
• Representing clients before the European Commission, the JFTC, FTC, DOJ and MOFCOM
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Counseling and complianc
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• Comprehensive compliance audits and compliance programs
• Exclusive dealing
• Mergers and joint ventures
• Monopolization and abuse of market power
• Patent and know-how licensing
• Purchasing agreements and monopsony power
• Refusals to deal
• Standard-setting organizations and trade association activities
• Vertical price and non-price restraints
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Mergers