Antitrust and Trade Regulation

Overview

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
      • Advised U.S. toy manufacturer on MSRP and MAP policies and distribution agreements in the European Union.

      • Represented leniency applicant in the investigation of an alleged price-fixing conspiracy for offshore helicopter services in the Gulf of Mexico. The investigation was closed without criminal charges. Obtained dismissal of civil claims in Superior Offshore International, Inc. v. Bristow Group Inc., 738 F. Supp. 2d 505 (D. Del. 2010), which was affirmed by the Third Circuit Court of Appeals.* 

      • Represented French senior executive in the international marine hose cartel investigation, negotiating his plea agreement and achieving full dismissal of civil claims.*

      • Represented major telecommunications corporation to form teaming agreement and successfully obtain clearance from the U.S. Department of Justice to build underground wireless service for the Washington Metropolitan Area Transit Authority (WMATA).* 

      • Represented Japanese manufacturers and senior executives in the international automotive parts cartel investigation. Conducted internal investigations of alleged price-fixing and obstruction of justice, proffered to government prosecutors, and negotiated plea agreements.* 

      • Represented private equity firm and senior executive in the Federal Trade Commission’s investigation of Mallinckrodt’s alleged monopoly power in the U.S. market for adrenocorticotropic hormone (ACTH) drugs and follow-on civil litigation.*

      • Completed Hart-Scott-Rodino filing on behalf of Picanol Group in its purchase of a 26.7% share of Tessenderlo Chemie from SNPE owned by the French government.* 

      • Represented travel-industry technology company in successful defense at jury trial addressing Section 1 and 2 claims.*

      • Represented Rule 30(b)(6) witnesses of railroad in suits alleging collusion to fix fuel surcharges for customers of four railroads.*

    • News
      • January 23, 2024

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

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      • October 10, 2023

        Robinson+Cole Recognized in 2024 Edition of Benchmark Litigation

      • September 6, 2023

        Jen Driscoll Discusses Supply Chain Investigation on Emerging Litigation Podcast

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      • March 3, 2023

        Jennifer Driscoll Alerts Manufacturers About DOJ Supply Chain Investigations in Journal on Emerging Issues in Litigation

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      • November 16, 2022

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

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      • August 18, 2022

        74 Robinson+Cole Lawyers Listed in The Best Lawyers in America 2023

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      • August 19, 2021

        65 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2022

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      • October 8, 2020

        Robinson+Cole Recognized in Benchmark Litigation

      • August 20, 2020

        61 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2021

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      • October 2, 2019

        Robinson+Cole Recognized by Benchmark Litigation

      • August 15, 2019

        57 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2020

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      • November 1, 2018

        Robinson+Cole Receives 36 First-Tier Metropolitan Rankings and Four National Rankings in Latest U.S. News – “Best Law Firms” Survey

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      • 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
    • "Health Care Transactions and Civil Investigative Demands: What Third Parties Need to Know," co-authored by Jennifer M. Driscoll and Conor O. Duffy, published in the American Health Law Association's Health Law Weekly (1/19/2024)
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      "The Global Regulatory Landscape in Antitrust," presented by Jennifer M. Driscoll, as part of the Penn Carey Law Antitrust Association Center for Technology, Innovation & Competition (PCLAA-CTIC) 2nd Annual Symposium: Worldwide Trends in Competition Law and Policy (4/7/2023)
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      "Limiting Antitrust Exposure in the Employment Setting" authored by Trevor L. Bradley (6/1/2022)

      "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

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