Antitrust and Trade Regulation

Overview

Robinson+Cole has the necessary understanding and experience to counsel clients on all aspects of antitrust compliance.

Our Services and Our Team

Our experience extends to issues clients are likely to face, such as the following:

  • pricing issues
  • exclusionary conduct
  • standard setting
  • distribution and marketing strategies and arrangements
  • discounts, promotional allowances, and incentives
  • consumer protection regulations
  • Hart-Scott-Rodino
  • unfair trade practices
  • premerger clearance

While we strive to minimize the risk of litigation for our clients, lawsuits are sometimes unavoidable. Robinson+Cole has handled all phases of criminal and civil antitrust litigation. We take pride in obtaining favorable outcomes efficiently and economically.

We also advise clients faced with governmental investigations. This includes responding to civil investigative demands or subpoenas issued by the U.S. Department of Justice, the Federal Trade Commission, and state regulatory authorities as well as defending government enforcement actions. We provide ongoing advice aimed at proactively managing our clients’ litigation risks. An effective antitrust compliance program can go a long way in both avoiding problems and dealing with enforcement agencies.

One of the firm’s partners, Brian Moran, authored an antitrust compliance book entitled The Executive’s Antitrust Guide to Pricing – Understanding the Implications of Typical Marketing, Distribution and Pricing Policies, published by Thomson in 2013. He and others at the firm conduct antitrust compliance programs for clients.

    • Experience
      • Currently serve as trial counsel in defending the leading provider of bar exam preparation courses in a suit brought by a recent market entrant. Our client is accused of monopolizing the market and conspiring with certain law schools to withhold tabling privileges and access at the law schools in an effort to exclude the plaintiff from the market.

      • Obtained summary judgment on behalf of a developer of a private island community in a suit brought by a realtor challenging the developer’s policies regarding access to the island by nonaffiliated brokers.

      • On behalf of a recent market entrant, Robinson+Cole successfully negotiated with the dominant industry firm to obtain a more level playing field in a market where logistics demanded cooperation among industry participants.

      • Obtained a favorable settlement on the eve of trial in a challenge by the number two long-distance telecommunications carrier in Guam to the exclusionary practices of the dominant carrier.

      • Successfully avoided an indictment and negotiated an acceptable outcome with the FTC in response to a civil investigative demand issued to a trade association accused of price fixing.

      • Counseled a national distributor of petroleum products in connection with its acquisition of a distributor of industrial gases. Robinson+Cole advised on both Hart-Scott-Rodino premerger notification requirements and revisions to the integrated company’s antitrust compliance manual.

      • Obtained summary judgment for a supermarket chain in a civil case accusing it of monopolization by, in part, purchasing real estate to preempt local competition.

      • Successfully persuaded the Department of Justice not to prosecute a client in a nationwide price-fixing conspiracy involving multiple competitors in the explosives industry.

      • Currently counseling a manufacturer of nutritional supplements with regard to its pricing and distribution plans.

      • Currently advising a client on the negotiation of the joint use with a competitor of a distribution channel.

      • Obtained an acquittal for a corporate client after an eight-week federal antitrust trial. The government had alleged a customer and geographic market allocation scheme in the waste hauling industry in Connecticut.
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    • News
      • March 13, 2014

        Brian Moran Co-authors Antitrust Guidebook for Business Executives

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      • November 1, 2013

        Robinson & Cole Receives 34 First-Tier Metropolitan Rankings and Three National Rankings in U.S. News – Best Lawyers Survey

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      • October 21, 2013

        Super Lawyers® Names 61 Robinson & Cole Attorneys to 2013 List

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      • August 27, 2013

        Robinson & Cole Lawyers Provide Commentary in Law360

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      • August 16, 2013

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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      • November 9, 2012

        Bill Kelleher Comments in Connecticut Law Tribune on Impact of Dodd-Frank Act Decision on Corporate Compliance and Internal Investigations

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      • November 7, 2012

        Robinson & Cole Receives 32 First-Tier Metropolitan Rankings and Four National Rankings in U.S.News - Best Lawyers Survey

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      • October 1, 2012

        Blog Interviews Partner William Kelleher About Federal Securities Case

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      • September 19, 2012

        David Greene Writes About Debarment on LinkedIn’s FCPA Criminal Practice Group Site

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      • August 28, 2012

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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      • July 30, 2012

        Partner Bill Kelleher’s Blog Interviews Published in Financial Fraud Law Report

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      • July 13, 2012

        David Greene Facilitates Q&A at Foreign Corrupt Practices Act

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      • June 12, 2012

        Litigation Partner Bill Kelleher Interviewed About New Whistleblower Rules and Insider Trading Laws

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      • March 9, 2012

        Bill Kelleher Selected to Financial Fraud Law Report Board of Editors

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      • January 30, 2012

        Blog Interviews Business Litigation Partner William Kelleher

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      • October 22, 2010

        Two Robinson & Cole Attorneys Receive 40 Under Forty Award

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      • September 27, 2010

        Recent Supreme Court Decisions Impact the Business Community

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      • June 30, 2010

        Bill Kelleher Outlines Regulatory Developments at the Securities and Exchange Commission

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      • April 15, 2010

        “What To Do When the Government Knocks” Do’s and Don’ts

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    • Publications + Presentations
    • "Closing the Cultural Divide: The Foreign Corrupt Practices Act and the New Enforcement Paradigm," published in Managing White Collar Legal Issues, 2013 Edition (1/2013)

      "The Deepest Cut? Debarment – The Cart That Leads the Horse," published on FCPA Criminal Practice Group networking site on LinkedIn (9/6/2012)

      "Circuit Court Eases SEC's Burden in 'Aiding and Abetting' Case," published in Financial Fraud Law blog, interview (8/27/2012)

      Remove It or Lose It: New Federal Rules Change Defendants' Rights to Remove Cases to Federal Court (05/08/2012)

      "Whistleblower Chiefs Discuss Reporting of Corporate Fraud," published in Financial Fraud Law blog, interview (3/28/2012)

      "What Will The STOCK Act Accomplish?" published in Financial Fraud Law blog, interview (3/22/2012)

      "Longer Prison Sentences Coming for Financial Fraud?" published in Financial Fraud Law blog (2/2/2012)

      "Insider Trading and Financial Fraud Cases Coming to Connecticut," published in Financial Fraud Law blog (1/26/2012)

      "Another Route To Enjoining Deceptive Business Practices," published in Connecticut Law Tribune, authored by Edward J. Heath (3/14/2011)

      "Preserving Privilege: The Careful and Limited Public Use and Disclosure of the Results of an Internal Investigation," coauthor, published in nine publications, including by the Corporate Counsel Committee, Section of Administrative Law and Regulatory Practice, American Bar Association; in the Corporate Officers & Directors Liability Litigation Reporter; and as the lead article on the front page of the November 2002 edition of the White-Collar Crime Reporter (11/2002)

      "From the Financial Fraud Law Blog: The Interviews," published in Financial Fraud Law Report (July/August 2012)

Our Team

Chair

Members