Antitrust & Trade Regulation

At Hinshaw, we have experience counseling clients in industries ranging from banking to healthcare on a broad array of commercial activities potentially implicating civil and/or criminal antitrust concerns. Drawing upon wide-ranging dispute resolution strengths, we also vigorously represent businesses in administrative proceedings, enforcement actions and litigation brought by both governmental entities and private parties.

Advice and Counsel
We assist our clients with antitrust issues presented by pricing, distribution and sales practices, marketing and joint conduct, and by joint ventures, mergers and other business combinations. Our capabilities include advising and counseling on issues such as:

• Assisting not-for-profit entities in establishing specific, exclusive territories for constituent entities
• Avoiding price fixing and other potential antitrust violations when associating with or entering into a joint venture with a competitor
• Creating guidelines for use of joint advertising rates by competitive media companies
• Creating permissible means to enforce minimum advertised price policy on sales of a client’s products by Internet resellers
• Designing manufacturers’ programs to require continuing use of the company’s consumables by purchasers of its equipment while minimizing antitrust risks
• Federal reporting requirements implicated by mergers and acquisitions (if a report is required, we prepare the submissions and work to obtain government approval for the transaction)
• Permissible practices for businesses such as healthcare providers when negotiating prices with third-party payors
• Permissible use of suggested resale prices
• Revising distribution systems, including cutting off resellers or restricting them to specific territories and limiting our client’s sales to authorized resellers
• Setting up group purchasing programs with other companies in our client’s industry while avoiding antitrust challenges
• Structuring programs for the sale of a single brand of equipment and other products to avoid charges of illegal exclusive dealing under the Sherman Act or illegal price discrimination under the Robinson-Patman Act

Litigation
Antitrust litigation can stymie the progress of any business. So for companies accused of civil or criminal antitrust violations, the need for a law firm experienced in defending these types of cases is key.

Hinshaw has a team of highly skilled and business-focused antitrust litigators who are well-versed in defending such actions. Matters in which we have obtained a favorable ruling, verdict or settlement have involved a broad range of clients and civil claims. Examples include:

• Defense against antitrust claims under Sections 1 and 2 of the Sherman Act brought by unsuccessful bidder on government program
• Defense of a manufacturer against class action for price fixing
• Defense of a manufacturer against price fixing claims by retailer
• Defense of a manufacturer in cases brought by terminated distributors and companies turned down as prospective distributors alleging antitrust violations under Section 1 of the Sherman Act and breaches of contract
• Defense of a hospital against a competitor’s federal and state antitrust claims
• Representation of a manufacturer in a Federal Trade Commission investigation of joint marketing program with manufacturer/distributor, resulting in a consent decree which left the program virtually in place

Hinshaw’s White Collar group has also successfully defended various criminal antitrust prosecutions. Our attorneys who handle these types of cases can also call upon colleagues in the firm who have deep experience representing those in the particular clients’ industry.

The strength of our counsel on antitrust matters is directly related to the depth of our lawyers’ knowledge. Our attorneys tackle these issues not only with a firm grasp of antitrust law but with an understanding of the many types of laws affecting the industries in which our clients operate, and a thorough appreciation and comprehension of our clients’ businesses and objectives.