The FTC and the DOJ jointly released Antitrust Guidance for Human Resources Professionals, advising that, going forward, the DOJ intends to criminally investigate companies who agree with competitor(s) to fix wages or other terms of employment or enter into so-called “no-poaching” agreements by agreeing not to recruit each other’s employees. More
Antitrust authorities around the world are heightening enforcement efforts and initiating more ambitious inquiries than ever before. In this climate, businesses require experienced antitrust counsel. Cozen O’Connor has been representing clients in competition-related matters for more than 30 years.
Cozen O’Connor provides the full range of antitrust legal services, including litigation, government investigations, corporate transactions and regulatory counseling. Our attorneys respond to civil and criminal investigations and litigation initiated by the U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), state attorneys general and foreign competition authorities as well as litigation initiated by private parties.
Our team comprises nationally recognized private practitioners and former government enforcement attorneys, including with the DOJ’s Antitrust Division, U.S. attorney’s offices, and antitrust division of state attorneys general 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.
Cozen O’Connor’s antitrust attorneys are based in the firm’s offices in Washington D.C., New York City and Philadelphia. Our presence on the ground in these cities is absolutely critical to building and maintaining close working relationships with U.S. federal antitrust regulators. And through Cozen O’Connor’s unique State Attorneys General practice, we maintain strong professional connections to chief antitrust prosecutors in every state.
Cozen O’Connor defends clients in civil conduct and criminal antitrust investigations initiated by the Department of Justice, Federal Trade Commission and state attorneys general concerning price fixing, collusion, bid rigging, abuse of dominant position, monopolization and other alleged anticompetitive conduct. Our attorneys are adept at managing investigations that involve multiple jurisdictions, multiple agencies, multiple levels of government, and/or related civil and criminal inquiries. Contacted early in the process, Cozen O’Connor is often able to quickly identify solutions, conduct efficient discovery and conclude investigations without enforcement action.
Merger Notification and Review.
Cozen O’Connor is 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 (“HSR”) Act to defending investigations by the DOJ, FTC and state attorneys general. We assess the antitrust implications of contemplated actions 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 Attorney Generals practice works with state enforcers exercising their concurrent authority to review and potentially challenge proposed mergers or acquisitions.
As one of the preeminent business litigation firms in the country, Cozen O’Connor frequently represents clients in antitrust proceedings, including private and public damages litigation, competitor actions, class actions and administrative actions. Moreover, because it is common for targeted companies to confront related civil and criminal litigation simultaneously, it is essential to have a seasoned team of attorneys that is prepared to defend 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.
Criminal Litigation & Cartels.
Enforcement of criminal and anti-cartel laws is an increasingly high priority for U.S. federal and international competition authorities—and the penalties for egregious conduct can include significant fines and prison sentences. Cozen O’Connor represents U.S. and foreign companies, employees and witnesses in criminal proceedings. Our attorneys have deep knowledge of the DOJ’s amended amnesty program and a well-earned 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 & Counseling.
Firm attorneys help clients comply with all federal and state antitrust, consumer protection and privacy laws and to do so in ways that support continued growth. We advise clients on discrete regulatory matters such as information sharing, joint venture and teaming arrangements, exclusivity and MFN provisions, predatory pricing and Robinson-Patman Act compliance. We also conduct antitrust compliance audits and help establish high quality compliance regimes. Cozen O’Connor has noteworthy experience providing counsel to trade associations and other industry groups, whose activities are particularly susceptible to antitrust scrutiny.
Cozen O’Connor helps public and private companies comply with federal and state consumer protection laws. Our team of attorneys, which includes former high level government officials, has vast experience helping companies respond to consumer protection government investigations, consumer claims or class actions.
Our renowned maritime antitrust attorneys advise many of the world’s largest transportation companies on the unique intersection of antitrust laws and global shipping regulations.