Kelley Drye helps organizations realize the benefits of operating within joint ventures and alliances by designing safeguards that will allow them to accomplish their goals without running afoul of antitrust laws. We help clients structure their joint ventures and strategic alliances in accordance with the guidelines issued by the Antitrust Division of the Department of Justice (DOJ), the Federal Trade Commission (FTC) and state laws. The firm's competition lawyers counsel trade associations, buyers groups and individual businesses that participate in joint activities such as benchmarking and information exchanges. As companies have more opportunities to interact and exchange information with each other, Kelley Drye helps them achieve the benefits of increased efficiencies while protecting against activities that might result in legal complications or anti-competitive missteps. The firm has worked with industry trade groups for more than 35 years and understands the unique legal issues presented by interaction with competitors in this context.
Kelley Drye helps clients form and derive greater value from joint ventures and alliances, with special focus in the following areas:
- Trade Association Counseling and Monitoring – Kelley Drye has extensive experience providing clients with antitrust advice in their trade association activities, which often touch on competitively sensitive topics. We provide real-time counseling on how competitors can engage in lawful, industry-advancing conduct in the context of their trade association, including antitrust monitoring of meetings, oversight of standard setting activities, development of statistical programs, and generic marketing programs. Kelley Drye lawyers also help clients implement plans and formulate business strategies without violating antitrust law, including the Sherman and FTC Acts.
- Benchmarking and Information Exchanges – We help clients create legally appropriate methods for exchanging information with other firms, so they can improve performance by reducing transaction costs, lower the costs of business planning, permit better-informed purchasing decisions, and compete more effectively. Kelley Drye understands the risks and pro-competitive benefits of information exchanges, and has helped trade associations, buyers' consortia, and joint ventures minimize their antitrust risk when exchanging information through effective structures and guidelines.