Large and small businesses reduce the risk that their representatives will violate antitrust laws, and can reduce the negative consequences that follow when antitrust violations do occur, by (1) receiving antitrust counseling, (2) developing and implementing compliance policies and procedures, and (3) providing appropriately targeted antitrust training for executives and employees. Baker & Daniels attorneys have extensive experience in assisting businesses to identify potential antitrust and competition law issues, evaluate the risk associated with those issues, and implement corrective strategies. Large and small businesses encounter a broad spectrum of antitrust concerns including:
- Actual and attempted monopolization
- Department of Justice and Federal Trade Commission investigations
- Distribution issues such as tying, exclusive dealing, and customer and geographic restrictions
- Distributor terminations
- Healthcare cooperatives/healthcare management organizations
- Horizontal, vertical and predatory pricing
- Joint venture analysis
- Licensing
- Mergers and acquisitions questions, including Hart-Scott Rodino compliance
- Price discrimination
- Standard setting
- Trade associations
- Unilateral and concerted refusals to deal
Our antitrust and competition law counseling attorneys work with each client to provide practical advice and develop a counseling plan and activities targeted to the client's unique business. Depending on the nature of the business and relevant antitrust issue(s), antitrust counseling services can include:
- Conducting Antitrust Audits (comprehensive and issue-specific). Effective preventive counseling demands a detailed knowledge of the business at issue so the attorney and client team can anticipate and respond to potential issues before they arise. To understand your business structure and operations, Baker & Daniels attorneys are available to review documents and policies, interview key executives and employees, and assess current antitrust claims, risks, and possible defenses. Finally, Baker & Daniels attorneys report on your current situation and make specific recommendations for reducing risk.
- Developing and/or Revising Policies and Procedures to Minimize the Risk of Violations. Baker & Daniels attorneys recommend practical, industry-specific policies and procedures for avoiding antitrust risk and addressing antitrust problems if they arise.
- Responding to Competitor Letters and Complaints. The difference between an expensive, time-consuming, resource-draining lawsuit and a productive business focused on its purpose and mission can be a letter or telephone call. Often, a rapid, strategic response prevents a situation from escalating.
- Preparing for Anticipated Mergers, Acquisitions and Joint Venture Arrangements. The process of combining with, or acquiring another, business can be all consuming and draining on the resources of any business enterprise. Additional burdens exist if the involved businesses meet certain statutorily-prescribed size thresholds and compete with one another in meaningful ways. Our attorneys help businesses anticipate important antitrust issues and reduce the ultimate drain on personnel and resources associated with merging, acquiring businesses or assets, and engaging in joint venture arrangements.
Asserting Rights of Individuals and Entities Harmed by Antitrust Violations. Baker & Daniels attorneys analyze and pursue claims for those injured by antitrust violations. The antitrust counseling process can uncover the existence of such claims that are otherwise unknown to antitrust counseling clients.