Antitrust & Competition
Benesch’s Antitrust & Competition team combines deep regulatory knowledge with real-world business insight and formidable litigation skill. We guide clients through every phase of the antitrust landscape, including merger clearance, defending complex and cross-border government investigations, defending high-stakes civil litigation against the government and private parties, representing corporations and individuals in cartel investigations and crafting comprehensive, risk-based compliance strategies tailored to our clients’ needs.
Overview
Our clients include global corporations, private equity firms, public companies and individuals across industries such as healthcare, pharmaceuticals, life sciences, transportation, consumer goods, e-commerce, construction, distribution and manufacturing.
Your Business Isn’t Generic — Neither Is Our Strategy
Antitrust challenges don’t follow a template, and neither do we. We take a proactive, solutions-oriented approach, tailoring our strategy to each client’s business, industry dynamics and risk profile. Our lawyers partner with clients early to mitigate regulatory and litigation exposure, while standing ready to respond decisively when investigations or disputes arise. Whether guiding a strategic transaction or defending a bet-the-company enforcement action, we bring the precision, responsiveness and business fluency that today’s antitrust environment demands.
Key Services
We assist clients with antitrust and competition issues that arise in nearly every facet of business activity, such as:
- Contractual terms and exclusivity provisions
- Pricing strategies, including related to resale pricing, and protecting clients facing allegations of predatory pricing and price gouging
- Marketing practices, including customer segmentation and monopolization risk
- Distribution structures and restrictions
- Joint ventures, collaborations and trade association activities
- Horizontal and vertical integration and related competitive impact
- Enforcement of intellectual property rights and licensing
- Antitrust compliance for M&As, including Hart-Scott-Rodino filings and Second Requests
- Compliance and alleged violations involving the Sherman Act, Clayton Act, Robinson-Patman Act and state antitrust statutes
- Alleged tying, bundling, group boycotts, refusals to deal and monopolization
- Import/export trade restrictions, anti-dumping statutes and global competition issues
- Competition law training, audits and internal compliance programs
We routinely represent clients before the Federal Trade Commission (FTC), the Department of Justice (DOJ) and global enforcement agencies. We also have substantial experience handling related civil and criminal litigation in federal and state courts.
“Antitrust challenges require a blend of legal precision, strategic judgment and regulatory fluency. Benesch delivers all three. Whether you’re facing scrutiny from global regulators, exploring a transformative deal or defending against complex litigation, we bring clarity, focus and incisive counsel to achieve the best possible outcome.”
Litigation & Investigations
When antitrust disputes escalate, our litigators are prepared. We defend clients in price-fixing and cartel investigations, bid-rigging cases, monopolization suits and merger challenges. We’re well-versed in managing extensive and complex discovery, and we have successfully defeated class certification, secured early dismissals and negotiated favorable resolutions. We also advise private equity firms, trade associations and cooperative ventures on antitrust risk during due diligence and transaction structuring.
Industry Insight – Healthcare and Beyond
Antitrust issues frequently arise in regulated and consolidating sectors, like healthcare. Our team works closely with Benesch’s nationally recognized to help providers, payors and healthcare systems navigate the unique antitrust issues that accompany affiliations, managed care contracting, IP licensing and joint ventures.
Related Practices
Our work in action
Representative Examples
Defended a foreign national
in a global price-fixing investigation involving the DOJ, Japan Fair Trade Commission and European Commission.*
Defended a multi-national chemical manufacturer
in a price-fixing cartel investigation led by the Department of Justice.
Represented IMG College
in a significant antitrust class action filed by Chris Spielman, a former collegiate and professional football star, involving complex competition law issues.
Represented a Tier 1 automative supplier
in connection with the establishment of a manufacturing joint venture with another Tier 1 supplier.
Represented a manufacturer of offshore oil drilling equipment
in connection with a Second Request from the United States Department of Justice and parallel investigation from the Canadian Competition Bureau.
Defended a manufacturer of fuel filtration systems
in connection with a merger challenge and civil investigation demand from the Department of Justice.
Represented a global services firm
in a Civil Investigative Demand and merger challenge from the Federal Trade Commission.
Represented a manufacturer
seeking to enjoin and/or obtain damages from a competitor engaged in exclusionary conduct.
Advised multinational manufacturers
on compliance with U.S. and EU antitrust laws related to distribution agreements and vertical restraints.*
*Matter completed prior to joining Benesch.
