Counseling at Kelley Drye ranges from the quick answers in urgent consultations to full-scale antitrust compliance programs that both anticipate problems and provide solutions for those issues that inevitably arise. Our attorneys also conduct antitrust audits – an important component of effective antitrust compliance programs – for a wide variety of businesses and associations.
Distribution and Price Discrimination
Kelley Drye regularly advises businesses on how to minimize antitrust risk when implementing dual-distribution plans, establishing exclusive contracts, territorial restrictions, or customer restrictions with distributors, resolving disputes with distributors, developing suggested retail price and minimum advertised pricing programs, executing Most Favored Nation clauses, and considering reciprocal dealing arrangements.
To ensure compliance with price discrimination laws, Kelley Drye attorneys routinely advise large manufacturing clients regarding the best structure and programs for downstream relationships. We fashion innovative solutions for our clients that minimize risk while allowing the maximum level of responsiveness to their purchasers’ needs.
Competitor Relations
Kelley Drye recognizes and understands the need for businesses to work together. Whatever the collaboration – a joint venture, joint sales agreement, research and development venture, or cross licensing agreement – our expert advice ensures that our clients receive the benefits of collaboration without unnecessary risk of antitrust liability.
Dominant Firms
The laws designed to prevent companies from unfairly attaining a monopoly can also be used by weaker competitors to hinder businesses that have fairly obtained large market shares. To avoid claims of violating antitrust laws, successful companies often must approach ordinary course-of-business conduct with greater care than smaller competitors. If not handled properly, distribution practices, licensing arrangements, and even negotiations and relations with customers can lead to antitrust risk. Kelley Drye attorneys consistently help successful businesses avoid expensive litigation and entanglement in government investigations.
Back to: Antitrust / Trade Regulation
For further information about Kelley Drye's Antitrust / Trade Regulation - Counseling and Compliance Practice Group, please contact:
Richard E. Donovan
(212) 808-7756
rdonovan@kelleydrye.com
William C. MacLeod
(202) 342-8811
wmacleod@kelleydrye.com
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