Antitrust

The Antitrust litigation practice at GRSM is characterized by the complexity of the cases we handle, our trial-ready approach, and our proven history of successful outcomes. Our matters often involve high-stakes private civil actions and parallel government investigations, novel theories, and multi-district and multistate litigation. We also bring to bear related experience in claims which often find their way alongside antitrust claims, such as false advertising, unfair competition, franchise violations, misappropriation of trade secrets and infringement of intellectual property, and other business torts.

We organize and deploy our resources effectively and efficiently, giving our clients cost-effective results no matter the size of the litigation. At the outset of every engagement, we work to gain a thorough understanding of a company’s business objectives with respect to the litigation. Competition problems vary from industry to industry, and there is no substitute for “getting down in the trenches” and learning the realities of each business.

We analyze all relevant facts at the beginning of each case to craft a careful and well-thought-out overall approach, working alongside our clients to assess the strengths and weaknesses of legal and economic arguments, identify appropriate experts, and provide analysis and advice to determine the best litigation and, where advisable, settlement strategies.

Antitrust law is complex and fact-intensive and presents unique and difficult challenges to businesses seeking to comply with the law and avoid liability. What may seem obvious and logical business practices may in fact expose a company to significant risk. The acts or mistakes of a single employee can expose an entire company to the full range of federal and state antitrust liability including treble damages and attorney’s fees in private actions, punitive administrative fines, criminal sanctions, shareholder actions, and exclusion from public procurement.

For these reasons, many routine business decisions and everyday commercial practice should be reviewed in advance for antitrust compliance. GRSM attorneys advise our clients on preventive steps and policies to mitigate these risks, integrating employment and business law skill with industry knowledge and familiarity with the client. Our attorneys have substantial experience in antitrust counseling on a wide range of issues, and in fact have formal business training and have served as in-house counsel and managers.

Our attorneys provide counseling to many clients in the United States with respect to, inter alia, privacy, advertising, and consumer protection issues. We ensure that our clients will be thoroughly prepared for, e.g., Federal Trade Commission and state Attorney General investigations. We have handled inquiries relating to:

• Marketing of product names
• Labeling
• False and comparative advertising
• Celebrity endorsements
• Internet marketing issues
• Marketing and selling of weight loss products and dietary supplements
• Marketing of violent entertainment and food to children
• Fair Debt Collection Practices, including the Fair and Accurate Credit Transactions Act (FACTA)

We also deal with the Consumer Product Safety Commission and its regulations, franchise regulation, and other matters that are often intertwined with antitrust claims. Finally, we have experience in assisting clients in the accurate and timely filing of Hart-Scott-Rodino (HSR) pre-merger notifications with the FTC and the Antitrust Division of the Department of Justice.