Michael Osborne contributed an article to the Concurrences No-Poach Agreements – Closing the Enforcement Gap publication, discussing wage-fixing and no-poach agreements, which are now prohibited and considered a criminal offense in Canada.
Cozen O’Connor’s acclaimed cross-border antitrust and competition practice has been representing clients in competition-related matters for more than 30 years. Our attorneys have prevailed in high stakes antitrust and competition cases, and have been recognized by industry leaders for their depth and breadth of experience across the United States and Canada. We provide the full range of antitrust and competition legal services, including investigations and litigation initiated by the U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), Competition Bureau Canada, state attorneys general and foreign competition authorities. We assist clients in obtaining merger clearance on both sides of the border, including HSR notifications in the United States, and Competition Act and Investment Canada Act notifications and reviews in Canada, the latter of which is a burgeoning area of our Canadian practice as national security reviews proliferate.
We represent clients in private antitrust and competition litigation, including defending clients in class actions alleging price-fixing. We advise clients on proposed business practices and provided tailored compliance programs. Our clients include airline and aviation companies, hospitals and healthcare systems, telecommunications and entertainment companies, pharmaceutical and medical device companies, technology leaders, manufacturers of consumer goods and services, trade associations and industry groups, and some of the world’s largest transportation companies. Not only has our team achieved notable successes in the pursuit and defense of high-profile antitrust and competition actions, but – just as importantly – our attorneys consistently provide the proactive advice and counsel that prevents such actions from arising in the first place.
Who We Are
Based in the firm’s Washington, D.C., New York City, Philadelphia, Los Angeles, Denver, Toronto, and Vancouver offices, our attorneys are longstanding leaders in the antitrust and competition bars, and are often asked to serve in key positions on legal industry committees and panels. Our cross-border antitrust and competition team includes seasoned trial attorneys and former government enforcement attorneys, including those who were previously with the antitrust division of the DOJ, U.S. Attorney’s offices, and antitrust division of state attorneys general offices. Our attorneys understand how these crucial governmental agencies operate. That’s not just because our attorneys worked for these agencies, but also because we still frequently work with these agencies, which gives us, and our clients, valuable insights into the best ways to move forward on any antitrust/competition issue, whether investigating, litigating or seeking deal clearance. And through Cozen O’Connor’s renowned State Attorneys General practice, we maintain strong professional connections to chief antitrust prosecutors in every state.
What We Do
Cozen O’Connor provides a one-stop shop for the full spectrum of clients’ antitrust and competition needs, including civil litigation, merger notification and review, government investigations, criminal litigation and cartels, compliance and counseling, consumer protection, and maritime antitrust.
Civil Litigation. Cozen O’Connor frequently represents clients in antitrust and competition proceedings, including private and public damages litigation, competitor actions, class actions, and administrative actions, on both the plaintiff and defense sides. Moreover, because it is common for targeted companies to confront related civil and criminal litigation simultaneously, our seasoned team of attorneys defends complex multi-plaintiff disputes that involve a wide variety of alleged anti-competitive behaviors in multiple jurisdictions. We have a strong track record of success in these complex matters.
Premerger Notification and Review. Our team is also adept at guiding clients through the regulatory process associated with mergers, acquisitions, joint ventures, licensing agreements, and other collaborations of competitors, from compliance with the notification requirements under the Hart-Scott-Rodino Act in the United States, and the Competition Act and Investment Canada Act in Canada, to defending investigations by the DOJ, FTC, state attorneys general, and Canadian Competition Bureau. We use our experience to help clients determine how to structure a deal to efficiently pass antitrust review and avoid overly onerous remedies. Cozen O’Connor has extensive experience with DOJ, the FTC, and the Canadian Competition Bureau in merger review (including Second Requests), and our State Attorneys General practice works with state enforcers exercising their concurrent authority to review and potentially challenge proposed mergers or acquisitions.
Government Investigations. Our attorneys regularly defend clients in civil conduct and criminal antitrust and competition investigations initiated by the DOJ, FTC, state attorneys general, and the Competition Bureau concerning price fixing, collusion, bid rigging, abuse of dominant position, monopolization, and other alleged anticompetitive conduct. We provide a seamless cross-border service, and are particularly adept at managing investigations that involve multiple jurisdictions, agencies, levels of government, and/or related civil and criminal inquiries. When contacted early in the process, Cozen O’Connor is often able to quickly identify solutions, conduct efficient discovery, and conclude investigations without enforcement action.
Criminal Litigation and Cartels. Cozen O’Connor represents companies, employees, and witnesses in the United States, Canada, and beyond in criminal proceedings. Our attorneys have deep experience with the DOJ’s amended amnesty program and the Competition Bureau’s Immunity and Leniency programs, and have earned a reputation within the enforcement community for trustworthiness and candor, all of which allows us to move quickly and decisively toward dismissal rather than sanction.
Compliance and Counseling. Our attorneys help clients comply with all federal and state antitrust/competition, consumer protection, and privacy laws and to do so in ways that support the client’s business objectives. We advise clients on matters such as information sharing, joint venture and teaming arrangements, exclusivity and MFN provisions, distribution systems, predatory pricing, and Robinson-Patman Act compliance. We also conduct antitrust and competition compliance audits and help our clients establish high-quality compliance regimes. We work closely with you to balance legal objectives and risks with your business needs.
Consumer Protection. In addition, our team of attorneys has vast experience helping public and private companies respond to consumer protection government investigations, consumer claims, and class actions.
Aviation and Maritime Antitrust & Competition. Our renowned aviation and maritime antitrust and competition attorneys advise many of the world’s largest transportation companies on the unique intersection of antitrust laws and transportation regulations.
In the multi-faceted and high-stakes area of antitrust and competition law, Cozen O’Connor has the experience, tenacity, and intellectual rigor necessary to achieve the best possible result for our clients.