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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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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

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
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.

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

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
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.

Legal Update: A Return to the Core Principles of Antitrust: Assistant Attorney General Jonathan Kanter and FTC Chair Lina Khan Reflect on Their Successes and Learning Experiences teaser
October 18, 2023

Legal Update: A Return to the Core Principles of Antitrust: Assistant Attorney General Jonathan Kanter and FTC Chair Lina Khan Reflect on Their Successes and Learning Experiences

Manufacturing Industry Team Out + About teaser
July 21, 2023

Manufacturing Industry Team Out + About

Legal Update: FTC’s New Prior Approval Policy Affects Merging Parties and Buyers of Divested Assets teaser
December 2, 2021

Legal Update: FTC’s New Prior Approval Policy Affects Merging Parties and Buyers of Divested Assets



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.

Legal Update: A Return to the Core Principles of Antitrust: Assistant Attorney General Jonathan Kanter and FTC Chair Lina Khan Reflect on Their Successes and Learning Experiences teaser
October 18, 2023

Legal Update: A Return to the Core Principles of Antitrust: Assistant Attorney General Jonathan Kanter and FTC Chair Lina Khan Reflect on Their Successes and Learning Experiences

Manufacturing Industry Team Out + About teaser
July 21, 2023

Manufacturing Industry Team Out + About

Legal Update: FTC’s New Prior Approval Policy Affects Merging Parties and Buyers of Divested Assets teaser
December 2, 2021

Legal Update: FTC’s New Prior Approval Policy Affects Merging Parties and Buyers of Divested Assets

News


May 5, 2026

Kevin Daly Confirms Tariff Exemptions After Supreme Court Ruling

Manufacturing Law industry team member Kevin P. Daly was featured in the article, “Aerospace Tariffs Update,” published in Aerospace Manufacturing and Design on March 20, 2026 . In the article, Kevin clarified the impact of the Supreme Court’s ruling in February 2026. “Civil aircraft parts are among the articles exempt from the new 10% global tariff issued after the Supreme Court’s ruling. The previously imposed Section 232 tariffs [of the Trade Expansion Act of 1962] on steel and aluminum are unaffected by the Supreme Court decision and the new 10% tariff and remain in place.” The article also highlighted a March 6, 2026 Robinson+Cole Legal Update, “After U.S. Supreme Court Strikes Down IEEPA Tariffs, Court of International Trade Orders Path Forward,” co-authored by Kevin and his colleagues Kathleen M. Porter and Edward J. Heath.

Aerospace Manufacturing and Design
April 23, 2026

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

Hartford Business Journal
October 10, 2024

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

May 5, 2026

Kevin Daly Confirms Tariff Exemptions After Supreme Court Ruling

Manufacturing Law industry team member Kevin P. Daly was featured in the article, “Aerospace Tariffs Update,” published in Aerospace Manufacturing and Design on March 20, 2026 . In the article, Kevin clarified the impact of the Supreme Court’s ruling in February 2026. “Civil aircraft parts are among the articles exempt from the new 10% global tariff issued after the Supreme Court’s ruling. The previously imposed Section 232 tariffs [of the Trade Expansion Act of 1962] on steel and aluminum are unaffected by the Supreme Court decision and the new 10% tariff and remain in place.” The article also highlighted a March 6, 2026 Robinson+Cole Legal Update, “After U.S. Supreme Court Strikes Down IEEPA Tariffs, Court of International Trade Orders Path Forward,” co-authored by Kevin and his colleagues Kathleen M. Porter and Edward J. Heath.

Aerospace Manufacturing and Design
April 23, 2026

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

Hartford Business Journal
October 10, 2024

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

June 10, 2024

Jennifer Driscoll and Abby Warren Co-Author Non-Compete Article for ACC Docket

ACC Docket
January 23, 2024

Jen Driscoll, Conor Duffy, and Ed Heath Author Health Law Weekly Article on Health Care Transactions and Civil Investigative Demands

Health Law Weekly
November 16, 2022

Robinson+Cole Continues Significant Strategic Expansion with New Office in Washington, DC

November 1, 2017

Robinson+Cole Receives 37 First-Tier Metropolitan Rankings and 3 National Rankings in Latest U.S. News –Best Law Firms Survey

November 1, 2016

Robinson+Cole Receives 34 First-Tier Metropolitan Rankings and 3 National Rankings in Latest U.S. News –Best Law Firms Survey

November 2, 2015

Robinson+Cole Receives 34 First-Tier Metropolitan Rankings and 4 National Rankings in U.S. News – Best Law Firms Survey


June 10, 2024

Jennifer Driscoll and Abby Warren Co-Author Non-Compete Article for ACC Docket

ACC Docket
January 23, 2024

Jen Driscoll, Conor Duffy, and Ed Heath Author Health Law Weekly Article on Health Care Transactions and Civil Investigative Demands

Health Law Weekly
November 16, 2022

Robinson+Cole Continues Significant Strategic Expansion with New Office in Washington, DC

November 1, 2017

Robinson+Cole Receives 37 First-Tier Metropolitan Rankings and 3 National Rankings in Latest U.S. News –Best Law Firms Survey

November 1, 2016

Robinson+Cole Receives 34 First-Tier Metropolitan Rankings and 3 National Rankings in Latest U.S. News –Best Law Firms Survey

November 2, 2015

Robinson+Cole Receives 34 First-Tier Metropolitan Rankings and 4 National Rankings in U.S. News – Best Law Firms Survey


Events


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