Antitrust & Competition

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.

(Callout Quote: “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.