Polsinelli’s nationally recognized Antitrust team partners with clients to provide industry-specific advice and practical solutions to complex issues that our clients encounter on a daily basis. Our multidisciplinary practice has depth and experience representing clients in a broad range of federal and state antitrust matters including but not limited to compliance and risk management, civil and criminal antitrust investigations, group purchasing organizations, joint ventures, mergers and acquisitions, price discrimination, resale price maintenance and standard setting. Because antitrust compliance is critical to our clients’ businesses, we work closely with our colleagues and clients to develop a robust, holistic strategy aligned with and in support of their goals and objectives.

Antitrust Audits, Compliance Training and Risk Management Strategies

• Our team conducts custom-designed, robust antitrust audits of business operations to identify risks, prevent potential violations and proactively address issues before they surface in an investigation or litigation.
• We develop comprehensive antitrust compliance policies and trainings that reflect best practices that align with our clients’ enterprise risk management strategies.

Antitrust Counseling

• Our team partners with clients to provide advice on complex business operations issues that executives face while executing strategic initiatives.
• We advise clients on day-to-day issues ranging from benchmarking, consumer protection, environmental, social and governance (ESG) matters, intellectual property, joint purchasing, pricing strategies and standard setting.

Litigation and Government Investigations 

• Polsinelli has successfully represented companies in antitrust trials and appeals in class actions, high-stakes litigation and multidistrict litigation.
• We represent clients who have been served a civil investigative demand under the antitrust and consumer protection laws by the Federal Trade Commission (FTC), the Antitrust Division of the United States Department of Justice (DOJ) and state attorneys general. We also represent clients in criminal antitrust matters.

Mergers and Acquisitions 

• We work with clients through all phases of their transaction to minimize and manage their antitrust risk profile during initial strategic considerations, contract formation, negotiation of terms, exchanges of competitively-sensitive information, all aspects of reporting obligations under the Hart-Scott-Rodino Act (HSR) and the related merger review process, pre-closing operations closing and post-closing policies and protocols.
• Our antitrust attorneys have represented clients in significant merger investigations involving multibillion-dollar transactions. We have responded to numerous Second Requests, prepared and presented facts and economic expert testimony to antitrust enforcers and courts, and where necessary, negotiated consent decrees, including divestitures, allowing deals to move to the closing table.