Antitrust Counseling and Compliance
Antitrust Counseling and Compliance
Antitrust and competition issues are some of the most intricate legal terrain that can determine success or failure in today's competitive global marketplace.

Kelley Drye’s antitrust attorneys can guide companies, trade groups and individuals through it safely.  Our clients benefit from the deep experience of our group in each of the major areas of antitrust and competition law and consumer protection.  A number of our lawyers served in government, including former officials at the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC).  Our Washington-based consulting arm, Georgetown Economic Services, augments our legal analysis with its strength in industrial economics.

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 issues that arise.  The firm’s attorneys also conduct antitrust audits—an important component of effective antitrust compliance programs—for a wide variety of businesses and associations.  Kelley Drye advises clients on how to minimize antitrust risk related to distribution, and helps them comply with price discrimination laws.  The firm provides advice on forming joint ventures and forging a range of other cooperative agreements in ways that help clients stay clear of antitrust issues.  Clients also look to us for help in defending against efforts by weaker competitors to claim monopolistic behavior as a way to undo legitimately gained client successes.  The firm’s lawyers help businesses successfully avoid expensive litigation and entanglement in government investigations.

Kelley Drye provides antitrust counseling and compliance advice to clients in the following areas:

  • 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 lawyers 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–We provide clients with professional advice to ensure they receive the benefits of collaboration without unnecessary risk of antitrust liability, whether their collaboration involves a joint venture, joint sales agreement, research and development venture or cross-licensing agreement.

  • Dominant Firms–Our attorneys defend successful companies against weaker competitors who use claims of monopolistic behavior to undermine our clients' fairly obtained large market shares.  Kelley Drye helps clients avoid antitrust claims by advising them in conducting their business with greater care, whether that might involve distribution practices, licensing arrangements, and even negotiations and relations with customers.

  • Joint Ventures and Alliances–Kelley Drye works with trade associations, buyers groups and businesses that collaborate with others to structure their ventures and alliances in ways that avoid triggering DOJ and FTC scrutiny.

  • Consumer Protection–Kelley Drye represents clients in all areas of consumer protection law, including false and deceptive advertising, unfair trade practices and privacy issues related to the use of personal information.  We have an excellent record in advertising litigation and National Advertising Division proceedings, and substantive experience at the FTC, the offices of state attorneys general and the broadcast networks.
 
 

Overview

Antitrust and competition issues are some of the most intricate legal terrain that can determine success or failure in today's competitive global marketplace.

Kelley Drye’s antitrust attorneys can guide companies, trade groups and individuals through it safely.  Our clients benefit from the deep experience of our group in each of the major areas of antitrust and competition law and consumer protection.  A number of our lawyers served in government, including former officials at the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC).  Our Washington-based consulting arm, Georgetown Economic Services, augments our legal analysis with its strength in industrial economics.

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 issues that arise.  The firm’s attorneys also conduct antitrust audits—an important component of effective antitrust compliance programs—for a wide variety of businesses and associations.  Kelley Drye advises clients on how to minimize antitrust risk related to distribution, and helps them comply with price discrimination laws.  The firm provides advice on forming joint ventures and forging a range of other cooperative agreements in ways that help clients stay clear of antitrust issues.  Clients also look to us for help in defending against efforts by weaker competitors to claim monopolistic behavior as a way to undo legitimately gained client successes.  The firm’s lawyers help businesses successfully avoid expensive litigation and entanglement in government investigations.

Kelley Drye provides antitrust counseling and compliance advice to clients in the following areas:

  • 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 lawyers 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–We provide clients with professional advice to ensure they receive the benefits of collaboration without unnecessary risk of antitrust liability, whether their collaboration involves a joint venture, joint sales agreement, research and development venture or cross-licensing agreement.

  • Dominant Firms–Our attorneys defend successful companies against weaker competitors who use claims of monopolistic behavior to undermine our clients' fairly obtained large market shares.  Kelley Drye helps clients avoid antitrust claims by advising them in conducting their business with greater care, whether that might involve distribution practices, licensing arrangements, and even negotiations and relations with customers.

  • Joint Ventures and Alliances–Kelley Drye works with trade associations, buyers groups and businesses that collaborate with others to structure their ventures and alliances in ways that avoid triggering DOJ and FTC scrutiny.

  • Consumer Protection–Kelley Drye represents clients in all areas of consumer protection law, including false and deceptive advertising, unfair trade practices and privacy issues related to the use of personal information.  We have an excellent record in advertising litigation and National Advertising Division proceedings, and substantive experience at the FTC, the offices of state attorneys general and the broadcast networks.
Partner
Email (202) 342-8811(202) 342-8811
Bill MacLeod chairs the firm’s Antitrust and Competition practice group.  The Immediate Past Chair of the Antitrust Section of the American Bar Association, Bill is a former bureau...
Partner
Email (212) 808-7718(212) 808-7718
John Callagy has served as trial and appellate counsel for numerous disputes in various federal and state courts, representing his clients on virtually all legal issues affecting large domestic an...
Partner
Email (212) 808-7786(212) 808-7786
Paul Doyle focuses his practice on international and domestic commercial litigation, including fraud, contract, banking, antitrust, securities, health care, class action and product liability matt...
Partner
Email (212) 808-7771(212) 808-7771
Bill Escobar is one of Kelley Drye’s leading trial lawyers.   Bill defends, prosecutes and resolves serious business disputes for both domestic and international business clients. &nbs...
Partner
Email (202) 342-8479(202) 342-8479
David Evans focuses principally on antitrust and competition law, including mergers and acquisitions, civil litigation, government investigations and counseling.  He has experience in a range...
Partner
Email (212) 808-7729(212) 808-7729
Bud Holman is a partner in the firm's New York office. He served as the firm's managing partner for eight years and was a member of the Executive Committee for 21 years. Bud practices...
Partner
Email (212) 808-7528(212) 808-7528
August Horvath is a false-advertising and antitrust lawyer.  Clients most appreciate August’s levelheadedness, even under the most contentious of situations.  He is consistently va...
Partner
Email (212) 808-7697(212) 808-7697
Marisa Lorenzo is a litigator who focuses on investigations, enforcement actions and lawsuits involving the communications industry.  Marisa works with clients, including communication service...
Partner
Email (212) 808-7889(212) 808-7889
Nicholas Panarella is a dedicated litigator, trial advocate and appellate attorney.  With more than two decades of experience in resolving serious, high-stakes disputes, Nick has litigated co...
Partner
Email (312) 857-7083(312) 857-7083
Julian Solotorovsky chairs the firm’s White Collar, Investigations and Compliance practice group.  His practice is focused on litigation, including white collar crime, internal inv...
Partner
Email (212) 808-7586(212) 808-7586
Damon Suden is an experienced and talented litigator and trial attorney.  His practice includes commercial and complex civil litigation and class action defense in both state and federal court...
Assistant Director
Email (202) 945-6677(202) 945-6677
Dr. Robert Fenili is the Assistant Director of Georgetown Economic Services' Economic Analysis Group. Since joining Georgetown Economic Services in 1987, Dr. Fenili has provided economic consul...
Senior Associate
Email (312) 857-7078(312) 857-7078
Catie James is a senior associate in the firm’s Chicago office. Her practice focuses on telecommunications, intellectual property, and commercial litigation. Catie's experience includes ...
Associate
Email (202) 342-8534(202) 342-8534
Ilunga Kalala is an associate in the firm’s Washington, D.C. office. His practice focuses on advertising and marketing, privacy and information security, and other consumer protection law ma...
Associate
Email (202) 342-8415(202) 342-8415
Mindy Pava is an associate in the firm’s Washington D.C. office. Her practice focuses on general litigation, with a particular emphasis on consumer class action defense, commercial litigation...

Publications

08/10/2017 | Newsletters
July 2017
American Bar Association’s Section of Antitrust Law
07/12/2017 | Newsletters
Summer 2017 | Articles
Antitrust Magazine

Contact Information

William C. MacLeod
Practice Chair
(202) 342-8811
wmacleod@kelleydrye.com

Events

Sep
8
2017
Florence, Italy | Speaking Engagement
9:20 AM - 10:45 AM
Jun
1
2017
Mexico City, Mexico | Speaking Engagement