Antitrust

Recent News:

82 Cozen O’Connor Lawyers, 19 Practices Earn Top Recognition in Chambers USA 2021 Guide

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 82 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2021 edition; of those, 15 lawyers have been recognized nationally.

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Cozen O’Connor’s acclaimed antitrust practice has been representing clients in competition-related matters for more than 30 years. Our attorneys have prevailed in high stakes antitrust cases, and have been recognized by industry leaders   for their depth and breadth of experience across the United States.  We provide the full range of antitrust legal services, including investigations and litigation initiated by the U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), state attorneys general and foreign competition authorities, and private parties; merger review; government investigations; and regulatory counseling. 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 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, Minneapolis, Los Angeles and Denver offices, our attorneys are longstanding leaders in the antitrust bar, and are often asked to serve in key positions on legal industry committees and panels. Our antitrust 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 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 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 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 to defending investigations by the DOJ, FTC, and state attorneys general. 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 and the FTC 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 investigations initiated by the DOJ, FTC, and state attorneys general concerning price fixing, collusion, bid rigging, abuse of dominant position, monopolization, and other alleged anticompetitive conduct. We 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 U.S. and foreign companies, employees, and witnesses in criminal proceedings. Our attorneys have deep experience with the DOJ’s amended amnesty program 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, 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 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. Our renowned aviation and  maritime antitrust 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 law, Cozen O’Connor has the experience, tenacity, and intellectual rigor necessary to achieve the best possible result for our clients.

Experience

Publications

Differing Results in Minnesota “Tenants Rights” Ordinance Cases

April 08, 2022

Mark Jacobson contributed a blog post to the Consumer Data Industry Association offering a summary of the litigation in Minneapolis and St. Paul and the different paths the cases have taken in the federal courts there.

DOJ Continues Crackdown on No-Poach-Agreements [Alert]

February 02, 2022

Nathan Larkin and Stephen Miller, discuss the DOJ's crackdown on alleged “no poach” or “wage fixing” market collusion between competitors.

DOJ Antitrust Targets (Again) No-Poach Hiring Agreements [Alerts]

December 13, 2021

Stephen A. Miller, David Reichenberg, and Lauren Vaca discuss the most DOJ criminal prosecution of no-poach agreements.

Public Policy May Void No-Poach, Noncompete Restrictions

May 25, 2021

Paul Steinman and David Reichenberg published an article in Bloomberg Law discussing “no-poach/no-hire” agreements between companies.

US Supreme Court Poised to Revolutionize College Athletics

April 29, 2021

Stephen Miller and Jonathan Ciriello contributed an article to The Legal Intelligencer discussing how change is coming to the NCAA’s amateurism model.

Repeal of McCarran-Ferguson Act — Ramifications for Insurance Clients

January 25, 2021

Jonathan Grossman discusses how the Competitive Health Insurance Reform Act will impact health insurance companies, as they are now no longer immune from antitrust scrutiny for activities previously found to be “the business of insurance.”

Antitrust Enforcers Lodge First Criminal Indictment for Violation of No-Poach Agreement [Alert]

January 13, 2021

Stephen Miller and Casey James discuss the DOJ's indictment charging Surgical Care Affiliates LLC of colluding with two companies not to solicit each other’s senior-level employees.

Updated Government Guidance on Vertical Mergers [Alert]

July 15, 2020

Thomas Ingalls discusses the DOJ and FTC's new Vertical Merger Guidelines setting forth how they intend to analyze mergers between companies at different levels in a distribution chain.

COVID-19 and the Risk of Anti-Competitive Employment Practices

May 11, 2020

Jonathan Grossman, Mark Jacobson and Max Kaplan published an article to Corporate Compliance Insights discussing how employers, staffers, and recruiters should be cautious of antitrust enforcement during COVID-19.

Employers, Staffers, and Recruiters Now on Notice of Antitrust Enforcement During COVID-19 [Alert]

April 15, 2020

Bob Magovern discusses what the DOJ and Federal Trade Commission's joint statement means for employers.

Antitrust Agencies Offer COVID-19 Guidance and Warnings to Competitor Collaborations [Alert]

March 27, 2020

Robert K. Magovern and Matthew Howell discuss the DOJ's and FTC's joint statement pertaining to the enforcement of competition laws during the COVID-19 pandemic.

COVID-19 and Antitrust? An Announcement from the Department of Justice [Alert]

March 18, 2020

Jonathan Grossman discusses the DOJ's warning against violations of antitrust laws in the manufacturing, distribution, and sale of public health products such as face masks, respirators, and diagnostics.

First Circuit Permits Antitrust Claims for Improperly Listing a Device Patent on the FDA’s Orange Book to Move Forward [Alert]

February 25, 2020

In a holding that could significantly broaden the antitrust inquiry in the context of the Hatch-Waxman regulatory scheme, on February 13, 2020, the U.S. Court of Appeals for the First Circuit issued an opinion that may have wide-ranging implications for both branded companies that own, and generic companies that challenge, patents listed on FDA’s Orange Book that claim drug delivery devices.

State Attorney Activism and Enforcement Trends

February 03, 2020

Ann-Marie Luciano, Chris Allen, and Bryan Mosca published an article in Bloomberg Law on February 3, 2020, sharing their observations on trends in state Attorney General activity in 2019, and the enforcement priorities they expect to see AGs focus on in 2020.

DOJ Antitrust Division Now Gives Credit for Compliance Program in Cartel Investigations

July 22, 2019

Nicole H. Sprinzen and Thomas Ingalls discuss how, under the new Antitrust Division policy, an effective compliance policy would prevent antitrust violations but also remediate them when they do occur.

US Supreme Court Considers Appropriate Deference to Foreign Law

May 07, 2018

Stephen Miller, vice chair of the firm's Criminal Defense & Internal Investigations Practice Group and Isaac Binkovitz, an associate in the firm's Commercial Litigation Department, co-authored, "US Supreme Court Considers Appropriate Deference to Foreign Law," for The Legal Intelligencer.

Events & Seminars

Past Events

Antitrust Fundamentals CLE Program

September 29, 2022 - Webinar

Health Law 2022

December 08, 2021 - Webinar

Health Law 2021

December 07, 2020 - Webinar

ACC 2020 Virtual Annual Meeting

October 15, 2020 - Webinar

Health Law 2020

December 04, 2019 - Philadelphia, PA

Council of Multiple Listing Services Legal Seminar 2019

October 16, 2019 - Salt Lake City, Utah

ABA Business Law Section Annual Meeting

September 12, 2019 - Washington D.C.

Health Law 2019

December 05, 2018 - Philadelphia, PA

Government and Private Multidistrict Litigation

September 24, 2018 - Minneapolis, MN

2017 Health Law Year In Review

December 06, 2017 - Philadelphia, PA

In The News

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

Limited Resources Will Test DOJ Preference For Merger Suits

January 27, 2022

Jonathan Grossman was quoted in an article published by Law360, which discusses reactions to Jonathan Kanter, the U.S. Department of Justice's Antitrust Division chief, stating that merger settlements should be "the exception, not the rule."

Why Microsoft's $68.7B Activision Play Will Probably Succeed

January 20, 2022

Jonathan Grossman was quoted in an article published by Law360 which discusses how Microsoft's $68.7 billion deal to buy Activision Blizzard is sure to receive heavy scrutiny from U.S. antitrust and competition regulators.

82 Cozen O’Connor Lawyers, 19 Practices Earn Top Recognition in Chambers USA 2021 Guide

May 26, 2021

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 82 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2021 edition; of those, 15 lawyers have been recognized nationally.

4 healthcare antitrust issues to watch

March 01, 2021

Jonathan Grossman was featured in an article published by Healthcare Dive discussing four health care antitrust issues to watch.

Cozen O’Connor Recognized as a “Best Law Firm” in 25 Practice Areas Nationwide, 115 Practice Areas Regionally

November 05, 2020

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 25 practice areas nationwide and 115 practice areas regionally.

FTC Orders Hospital, Health System, and Five Insurers in Two States to Share Vast Amounts of Data on Their Customers and on Past Acquisitions and Mergers

June 26, 2020

Jonathan Grossman was quoted in Dark Daily discussing how the Federal Trade Commission (FTC) is ready to look into hospital consolidation, as evidenced by the extent of data.

Punching In: The Latest COVID-19 Benefits, Liability Questions

April 20, 2020

Jonathan Grossman was featured in a Bloomberg Law article discussing how the feds are on the lookout for staffing agencies, recruiters, and businesses colluding to fix pay rates, limit hours or prevent workers from changing jobs, in violation of antitrust law.

Fourteen Cozen O’Connor Attorneys Recognized as Washington, D.C., Super Lawyers and Rising Stars

April 20, 2020

Super Lawyers has named 14 Cozen O'Connor attorneys to its 2020 Washington, D.C., Super Lawyers and Rising Stars list.

Breaking the Ice: Antitrust success means ‘getting the basics right’

December 11, 2019

Mark Jacobson was featured in the Minnesota Lawyer discussing his practice and what he enjoys most about it.

Cozen O’Connor Recognized As a Best Law Firm in 24 Practice Areas Nationwide, 106 Practice Areas Regionally

November 05, 2019

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.

Health Systems Unlikely to Prevail if they Challenge FTC's COPA Demands

October 24, 2019

Jonathan Grossman was quoted in Modern Healthcare discussing the Federal Trade Commission's demand for information on mergers.

Sutter Health settles class action antitrust lawsuit

October 16, 2019

Jonathan Grossman was featured in Modern Healthcare discussing his thoughts on the Sutter Health settlement.

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

13 Cozen O'Connor Attorneys Recognized as Washington, D.C. Super Lawyers and Rising Stars

April 25, 2019

The 2019 Washington, D.C, edition of Super Lawyers Magazine, published by Thomson Reuters, has named 13 Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.

Cozen O'Connor Attorneys Win Global Competitive Review 9th Annual Award Ceremony for "Litigation of the Year – Non-Cartel Prosecution”

March 26, 2019

On March 26, Cozen O'Connor attorneys David Reichenberg and Thomas Ingalls were honored at the GCR (Global Competitive Review) 9th Annual Awards Ceremony for "Litigation of the Year – Non-Cartel Prosecution” for their work on the Arista Networks v Cisco Systems case.

126 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 22, 2018

One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.

Washington, D.C. Super Lawyers Recognizes 15 Cozen O'Connor Attorneys

May 15, 2018

Fourteen Cozen O’Connor attorneys have been named 2018 Super Lawyers or Rising Stars by Super Lawyers Magazine Washington, D.C. edition, published by Thomson Reuters.

Energizer Deal's Antitrust Approval Shocks Investors

April 02, 2018

Jonathan Grossman, a member of the firm's Antitrust Practice, was quoted in Bloomberg Market's article, "Energizer Deal's Antitrust Approval Shocks Investors."

Top Rated Antitrust Litigator Joins the Minneapolis Office

January 08, 2018

Cozen O’Connor, one of the country’s most successful commercial litigation firms, is pleased to welcome litigator Mark A. Jacobson to its Commercial Litigation Department’s business litigation group.

Hospital megamergers may lower overhead, but at what cost?

December 11, 2017

Jonathan Grossman, a member of the firm's Antitrust Practice, was quoted in Modern Healthcare's article, "Hospital megamergers may lower overhead, but at what cost?"

Contacts

Jonathan M. Grossman

Co-Chair, Antitrust

jgrossman@cozen.com

(202) 912-4866

Mark A. Jacobson

Co-Chair, Antitrust

mjacobson@cozen.com

(612) 260-9025

People

Awards

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

82 Cozen O’Connor Lawyers, 19 Practices Earn Top Recognition in Chambers USA 2021 Guide

May 26, 2021

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 82 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2021 edition; of those, 15 lawyers have been recognized nationally.

Cozen O’Connor Recognized as a “Best Law Firm” in 25 Practice Areas Nationwide, 115 Practice Areas Regionally

November 05, 2020

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 25 practice areas nationwide and 115 practice areas regionally.

Cozen O’Connor Recognized As a Best Law Firm in 24 Practice Areas Nationwide, 106 Practice Areas Regionally

November 05, 2019

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

13 Cozen O'Connor Attorneys Recognized as Washington, D.C. Super Lawyers and Rising Stars

April 25, 2019

The 2019 Washington, D.C, edition of Super Lawyers Magazine, published by Thomson Reuters, has named 13 Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.

126 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 22, 2018

One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.

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