Robinson Cole LLP
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Antitrust + Trade Regulation

Robinson+Cole has a long history of advising international and domestic companies to proactively identify and avoid  antitrust, trade regulation and consumer protection exposure. Our lawyers are experienced in business counseling on complex antitrust issues, as well as in litigating significant antitrust cases. Our experience, which includes an emphasis on cost-efficient and business-focused practical solutions, is well-suited to rein in the spiraling amounts of alleged damages, the drag on management attention, and the defense costs associated with the trend of increasing activity by enforcement authorities, competitors, and individual or class plaintiffs. The Antitrust and Trade Regulation Law team attorneys are well-versed in the direct and indirect restrictions on marketing and distribution of products and services, including:

  • All aspects of the merger clearance process, including pre-transaction counseling, due diligence, preparation of Hart-Scott-Rodino Act filings, and Second Requests and coordination with foreign counsel on foreign competition filings
  • Advertising and promotional programs including manufacturer’s suggested resale price (MSRP) and minimum advertised price (MAP) policies
  • Price discrimination
  • Customer and territory restrictions
  • Joint ventures
  • Competitor contacts and collaborations
  • Distribution and marketing strategies, including exclusive dealing contracts
  • Discounts, promotional allowances, and other incentive programs
  • Unfair trade practices
  • Promotional programs, contests, and sweepstakes
  • Compliance and training programs, including programs that address the antitrust risks of using artificial intelligence in pricing strategies

Our antitrust lawyers have extensive experience litigating and trying a wide variety of civil antitrust claims, including:

  • Grand jury investigation and criminal prosecution for alleged antitrust violations
  • Defending corporations and executives against allegations of price fixing, bid rigging, and market/customer allocations made by antitrust agencies or competitors
  • Litigating and/or negotiating favorable settlements in private litigation arising out of alleged antitrust misconduct
  • State and federal civil investigative demands

Because it is not uncommon for antitrust matters to implicate other substantive legal areas, Robinson+Cole typically leverages the knowledge and experience of colleagues whose practices focus on government enforcement and white-collar criminal defense, data privacy, intellectual property licensing, health care, and manufacturing for a multi-disciplinary approach.

Experience


Litigation: Unfair Trade Practices Class Action

Represented credit union in class action regarding allegations of unfair trade practices in connection with imposition of overdraft fees.

International Trade Compliance: Regulations

Counseled multiple clients on compliance with Export Administration Regulations and International Traffic in Arms Regulations (ITAR), including advising regarding diligence of proposed transactions, export licensing analysis, and ITAR registration issues.

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Arbitration Proceedings + Court Litigation

Represented companies and executives in AAA commercial arbitration proceedings and federal and state court litigation.


Publications


DOJ Accelerates Trade Fraud Enforcement with Interagency Task Force after a Series of False Claims Act Case Resolutions teaser
September 18, 2025

DOJ Accelerates Trade Fraud Enforcement with Interagency Task Force after a Series of False Claims Act Case Resolutions

Appellate Court Gives Go-Ahead for 340B Contract Pharmacy Insulin Pricing Suit to Proceed teaser
September 2, 2025

Appellate Court Gives Go-Ahead for 340B Contract Pharmacy Insulin Pricing Suit to Proceed

Health Law Diagnosis
May 2, 2025

An overview of FTC junk fees rule and similar state laws

Hotel Business

In the article, Jennifer explains that the hotel and short-term lodging industries will be subject to a landmark rule on price transparency enacted by the U.S. Federal Trade Commission, known as the “Junk Fees Rule.” The rule is set to take effect on May 10, 2025. Jennifer also highlights that several states have already passed similar laws and that understanding and complying with each state’s specific requirements will be critical to avoid enforcement actions and steep financial penalties. Read the article.

DOJ Accelerates Trade Fraud Enforcement with Interagency Task Force after a Series of False Claims Act Case Resolutions teaser
September 18, 2025

DOJ Accelerates Trade Fraud Enforcement with Interagency Task Force after a Series of False Claims Act Case Resolutions

Appellate Court Gives Go-Ahead for 340B Contract Pharmacy Insulin Pricing Suit to Proceed teaser
September 2, 2025

Appellate Court Gives Go-Ahead for 340B Contract Pharmacy Insulin Pricing Suit to Proceed

Health Law Diagnosis
May 2, 2025

An overview of FTC junk fees rule and similar state laws

Hotel Business

In the article, Jennifer explains that the hotel and short-term lodging industries will be subject to a landmark rule on price transparency enacted by the U.S. Federal Trade Commission, known as the “Junk Fees Rule.” The rule is set to take effect on May 10, 2025. Jennifer also highlights that several states have already passed similar laws and that understanding and complying with each state’s specific requirements will be critical to avoid enforcement actions and steep financial penalties. Read the article.

New Antitrust Guidance Provides Ground Rules for Labor Markets—Or Does It? teaser
February 5, 2025

New Antitrust Guidance Provides Ground Rules for Labor Markets—Or Does It?

Manufacturing Law Blog
November 11, 2024

Privacy-Enhancing Technologies and the Sherman Act

American Bar Association (ABA) Antitrust Law Section’s Privacy and Information Security Committee

The article covers what privacy-enhancing technology (PETs) are and the evolution of data privacy and antitrust. “PETs frequently have been viewed as raising consumer protection issues within the purview of Section 5 of the FTC Act,” they write. “Consistent with this perception, the FTC has brought numerous enforcement actions against companies arising out of alleged misrepresentations about the use and strength of data security. These cases have arisen from data breaches and the subsequent exposure of the respondents’ failure to use reasonable or appropriate security measures.” Concerning antitrust matters, Jen, Eric, and Nayeli noted “antitrust authorities have started to embrace an ‘integrationist approach’ to data privacy and antitrust…[w]ith the integrationist approach, PETs may have one of several different roles in an antitrust analysis.” These roles include, “a non-price element of competition,” “a cost that would have to be borne as a result of regulation or consumer preference,” and “may be used to unlawfully entrench a dominant position.” Read the article.

October 6, 2024

Antitrust agencies signal increased scrutiny of serial acquisitions and for-profit healthcare

Chief Healthcare Executive

The article discusses the growing concern within the U.S. Department of Justice, Antitrust Division and the Federal Trade Commission regarding the recent impacts of healthcare consolidation. In a May press release, the agencies signaled their concern regarding for-profit (e.g., private equity) and serial acquisition (e.g., roll-up) strategies that could allow healthcare organizations and corporate owners/investor to amass “significant control over key products, services, or labor markets without government scrutiny.” The authors write that “[H]ealthcare organizations (both nonprofit and for-profit) and investors should be aware of the ongoing attention on transactions by the federal government, and the federal agencies’ increasing interest in expanding scrutiny of transactions that previously may have flown under the radar. Particular attention should be paid to governance and control over subsidiary and portfolio companies.” Read the article.

Health Law Diagnosis teaser
July 26, 2024

Health Law Diagnosis

June 6, 2024

Protect Your Company with These 4 Steps While the Future of Noncompetes is Decided

ACC Docket

The article highlighted the Federal Trade Commission’s recent rule banning noncompete agreements, the legal challenges awaiting the rule in federal court, and four steps companies can take to protect themselves in this shifting legal landscape. “This is an opportune time for in-house counsel to ensure that no matter what legal landscape, the company’s competitively sensitive information is protected when a worker leaves,” the authors write. “Fortunately, noncompete agreements are not the only way to safeguard company interests.” To read the article, click here.

January 19, 2024

Health Care Transactions and Civil Investigative Demands: What Third Parties Need to Know

Health Law Weekly

The article analyzes mergers and acquisitions (M&A) trends in health care markets, the increased scrutiny transactions face from the Federal Trade Commission and U.S. Department of Justice, Antitrust Division (collectively, the Agencies), and the Agencies’ use of civil investigate demands (CIDs) and their impact on the M&A process. “With the expected increase in health care merger activity comes the likelihood of greater investigatory scrutiny by government authorities,” they write, “Given the potentially significant implications of non-compliance or insufficient compliance, recipients of CIDs and subpoenas would do well to take those demands seriously and act promptly and comprehensively, including by engaging experienced counsel. To read the article, click here.



New Antitrust Guidance Provides Ground Rules for Labor Markets—Or Does It? teaser
February 5, 2025

New Antitrust Guidance Provides Ground Rules for Labor Markets—Or Does It?

Manufacturing Law Blog
November 11, 2024

Privacy-Enhancing Technologies and the Sherman Act

American Bar Association (ABA) Antitrust Law Section’s Privacy and Information Security Committee

The article covers what privacy-enhancing technology (PETs) are and the evolution of data privacy and antitrust. “PETs frequently have been viewed as raising consumer protection issues within the purview of Section 5 of the FTC Act,” they write. “Consistent with this perception, the FTC has brought numerous enforcement actions against companies arising out of alleged misrepresentations about the use and strength of data security. These cases have arisen from data breaches and the subsequent exposure of the respondents’ failure to use reasonable or appropriate security measures.” Concerning antitrust matters, Jen, Eric, and Nayeli noted “antitrust authorities have started to embrace an ‘integrationist approach’ to data privacy and antitrust…[w]ith the integrationist approach, PETs may have one of several different roles in an antitrust analysis.” These roles include, “a non-price element of competition,” “a cost that would have to be borne as a result of regulation or consumer preference,” and “may be used to unlawfully entrench a dominant position.” Read the article.

October 6, 2024

Antitrust agencies signal increased scrutiny of serial acquisitions and for-profit healthcare

Chief Healthcare Executive

The article discusses the growing concern within the U.S. Department of Justice, Antitrust Division and the Federal Trade Commission regarding the recent impacts of healthcare consolidation. In a May press release, the agencies signaled their concern regarding for-profit (e.g., private equity) and serial acquisition (e.g., roll-up) strategies that could allow healthcare organizations and corporate owners/investor to amass “significant control over key products, services, or labor markets without government scrutiny.” The authors write that “[H]ealthcare organizations (both nonprofit and for-profit) and investors should be aware of the ongoing attention on transactions by the federal government, and the federal agencies’ increasing interest in expanding scrutiny of transactions that previously may have flown under the radar. Particular attention should be paid to governance and control over subsidiary and portfolio companies.” Read the article.

Health Law Diagnosis teaser
July 26, 2024

Health Law Diagnosis

June 6, 2024

Protect Your Company with These 4 Steps While the Future of Noncompetes is Decided

ACC Docket

The article highlighted the Federal Trade Commission’s recent rule banning noncompete agreements, the legal challenges awaiting the rule in federal court, and four steps companies can take to protect themselves in this shifting legal landscape. “This is an opportune time for in-house counsel to ensure that no matter what legal landscape, the company’s competitively sensitive information is protected when a worker leaves,” the authors write. “Fortunately, noncompete agreements are not the only way to safeguard company interests.” To read the article, click here.

January 19, 2024

Health Care Transactions and Civil Investigative Demands: What Third Parties Need to Know

Health Law Weekly

The article analyzes mergers and acquisitions (M&A) trends in health care markets, the increased scrutiny transactions face from the Federal Trade Commission and U.S. Department of Justice, Antitrust Division (collectively, the Agencies), and the Agencies’ use of civil investigate demands (CIDs) and their impact on the M&A process. “With the expected increase in health care merger activity comes the likelihood of greater investigatory scrutiny by government authorities,” they write, “Given the potentially significant implications of non-compliance or insufficient compliance, recipients of CIDs and subpoenas would do well to take those demands seriously and act promptly and comprehensively, including by engaging experienced counsel. To read the article, click here.


News


April 23, 2026

Kevin Daly Says Planning Ahead is Difficult for Businesses in Uncertain Tariff Legal Landscape

Manufacturing Law industry team member Kevin P. Daly discussed the current uncertainty businesses are facing over tariffs in the article, “CT businesses say they are owed millions after Supreme Court strikes down Trump tariffs,” published in the Hartford Business Journal on April 6, 2026. “There’s still some uncertainty there,” said Kevin. “We don’t have finality as to what the administrative process that Customs and Border Protection (CBP) is developing is going to look like at the end of the day.” Kevin suggests that it’s planning ahead in an uncertain legal landscape that’s become difficult for businesses. “It’s a challenge…[C]ompanies look at their contracts and agreements with their suppliers and their customers and try to examine how they can allocate and plan for that risk…what’s in place now may not be what’s in place three months from now.” Read the article.

Hartford Business Journal
September 16, 2025

Jennifer Driscoll Appointed to CBA Antitrust and Trade Regulation Law Section Executive Committee

September 11, 2025

Jennifer Driscoll Explains Potential for Antitrust Litigation in Sale of Connecticut Sun

CT Insider
April 23, 2026

Kevin Daly Says Planning Ahead is Difficult for Businesses in Uncertain Tariff Legal Landscape

Manufacturing Law industry team member Kevin P. Daly discussed the current uncertainty businesses are facing over tariffs in the article, “CT businesses say they are owed millions after Supreme Court strikes down Trump tariffs,” published in the Hartford Business Journal on April 6, 2026. “There’s still some uncertainty there,” said Kevin. “We don’t have finality as to what the administrative process that Customs and Border Protection (CBP) is developing is going to look like at the end of the day.” Kevin suggests that it’s planning ahead in an uncertain legal landscape that’s become difficult for businesses. “It’s a challenge…[C]ompanies look at their contracts and agreements with their suppliers and their customers and try to examine how they can allocate and plan for that risk…what’s in place now may not be what’s in place three months from now.” Read the article.

Hartford Business Journal
September 16, 2025

Jennifer Driscoll Appointed to CBA Antitrust and Trade Regulation Law Section Executive Committee

September 11, 2025

Jennifer Driscoll Explains Potential for Antitrust Litigation in Sale of Connecticut Sun

CT Insider
June 13, 2025

Jen Driscoll Appointed Co-Chair of ABA Antitrust Law Section Comments Committee

American Bar Association Antitrust Law Section
May 5, 2025

Jennifer Driscoll Authors Article on the Impact of the FTC’s Junk Fees Rule on the Hotel and Short-term Rental Industries

Hotel Business
November 18, 2024

Jennifer Driscoll, Eric Rigoli, and Nayeli Contreras Author ABA Article Discussing Privacy-Enhancing Technologies and Antitrust

October 10, 2024

Jennifer Driscoll and Conor Duffy Co-Author Chief Healthcare Executive Article on Antitrust Scrutiny of Consolidation in For-Profit Healthcare Industry

August 20, 2024

Jennifer Driscoll Appointed to CBA Antitrust and Regulation Section Executive Committee

Connecticut Bar Association Antitrust and Regulation Section
July 17, 2024

Jennifer Driscoll Appointed Co-Chair of ABA Antitrust Law Section’s U.S. Comments & Policy Committee

American Bar Association Antitrust Law Section

June 13, 2025

Jen Driscoll Appointed Co-Chair of ABA Antitrust Law Section Comments Committee

American Bar Association Antitrust Law Section
May 5, 2025

Jennifer Driscoll Authors Article on the Impact of the FTC’s Junk Fees Rule on the Hotel and Short-term Rental Industries

Hotel Business
November 18, 2024

Jennifer Driscoll, Eric Rigoli, and Nayeli Contreras Author ABA Article Discussing Privacy-Enhancing Technologies and Antitrust

October 10, 2024

Jennifer Driscoll and Conor Duffy Co-Author Chief Healthcare Executive Article on Antitrust Scrutiny of Consolidation in For-Profit Healthcare Industry

August 20, 2024

Jennifer Driscoll Appointed to CBA Antitrust and Regulation Section Executive Committee

Connecticut Bar Association Antitrust and Regulation Section
July 17, 2024

Jennifer Driscoll Appointed Co-Chair of ABA Antitrust Law Section’s U.S. Comments & Policy Committee

American Bar Association Antitrust Law Section

Events


Past

AI, Algorithms, and Antitrust – Enforcement Trends

Mar 25 2026
American Bar Association Antitrust Law Section’s 74th Annual Spring Meeting
Past

Update on Significant Court Decisions and Pending Litigation in the Hotel & Lodging Industry

Oct 16 2025
Georgetown Law Lifelong Learning Program's Hotel and Lodging Legal Summit 2025
Past

AI, Algorithms, and Antitrust – Enforcement Trends

Mar 25 2026
American Bar Association Antitrust Law Section’s 74th Annual Spring Meeting
Past

Update on Significant Court Decisions and Pending Litigation in the Hotel & Lodging Industry

Oct 16 2025
Georgetown Law Lifelong Learning Program's Hotel and Lodging Legal Summit 2025
Past

ABA Section of Antitrust Law Post Annual Leadership Summit

Aug 14 2025
Ojai Valley Inn
Past

Bootcamp on Privacy Technologies and Enforcement

Apr 28 2025
ABA Antitrust Law Section Webinar
Past

Global Compliance Deep Dive: Mastering EU AI Act and International Data Regulations

Mar 25 2025
ALM | Law.com 2025 LegalWeek
Past

Trends and Developments in EU and U.S. Merger Control

POSTPONED - New Date to be Announced
R+C Hosted Webinar
Past

ABA Section of Antitrust Law Post Annual Leadership Summit

Aug 14 2025
Ojai Valley Inn
Past

Bootcamp on Privacy Technologies and Enforcement

Apr 28 2025
ABA Antitrust Law Section Webinar
Past

Global Compliance Deep Dive: Mastering EU AI Act and International Data Regulations

Mar 25 2025
ALM | Law.com 2025 LegalWeek
Past

Trends and Developments in EU and U.S. Merger Control

POSTPONED - New Date to be Announced
R+C Hosted Webinar