Antitrust

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Briggs and Morgan’s antitrust attorneys have years of experience counseling clients and litigating cases across a wide spectrum of antitrust issues. A significant portion of our antitrust practice focuses on advising and counseling clients on antitrust issues ranging from small, general questions to detailed analysis of strategic, competitive plans.

What we provide is practical, fact specific advice on how to tailor actions designed to achieve specific business results with minimal antitrust risk. We advise and counsel businesses on how to minimize antitrust risk related to distribution and help them comply with comprehensive antitrust laws. Our Practice Group provides antitrust counseling and compliance services to clients in areas such as bundled rebate, loyalty discount plans and other incentive plans, Robinson Patman Act/price discrimination, competitor relations, trade associations, minimum advertised price (MAP) and resale price maintenance issues, vertical price and non-price restraints, joint ventures and other competitor collaborations, mergers, and compliance with a variety of state and federal antitrust statutes. We are fortunate to represent some very successful clients, and thus have developed a good deal of experience counseling clients on how to avoid Section 2 exposure. We conduct antitrust audits for a variety of businesses and associations, providing strategic counsel on legal and regulatory developments in the United States and selected foreign countries. Attorneys in our Practice Group have advised and represented clients in Hart-Scott-Rodino Act compliance efforts and merger inquiries by the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice. We also provide representation for antitrust investigations at both the state and federal level.

In addition to counseling, our Practice Group has skilled trial lawyers with considerable experience in pursuing, and defending against, multifaceted antitrust claims. We have attorneys who actively have tried antitrust cases to juries, not just “litigated” them. We have extensive specific experience in sales force raiding cases and Section 2 cases in general: Briggs has defended three major Section 2 sales force raiding cases. Briggs has defended a number of class action price fixing cases and investigations, as well as handled a variety of other antitrust litigation. We have tried and litigated antitrust cases in federal courts across the country. This litigation experience and background provides our clients with seasoned advocates in the courtroom as to antitrust claims and defenses.

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