Baker Donelson's Antitrust and Competition Law Group consists of experienced attorneys with a broad range of antitrust experience in international, national, state, and local issues, and frequently handles bet-the-company matters.
Civil Antitrust Litigation. In our civil antitrust practice, we represent leading companies and their management in mergers and acquisitions, complex civil antitrust litigation, and investigations conducted by federal and state competition authorities and agencies. We are experienced in jury and bench (judge-presided) trials, as well as administrative proceedings before federal and state regulatory bodies. Our expertise spans the defense of private-party antitrust suits and class actions, including those in multidistrict litigation, and those that involve parallel criminal prosecutions.
Our antitrust lawyers regularly combine forces with other Baker Donelson attorneys to litigate antitrust claims and counterclaims in lawsuits predominantly involving intellectual property, health care, labor and employment, energy, and tax law claims. Our large team excels at efficiently staffing for emergency action and can mobilize quickly to advocate for our clients when temporary restraining orders and preliminary injunctions are warranted or anticipated.
Criminal Antitrust Defense. In our criminal antitrust defense practice, we represent companies and individuals in state and federal investigations, from grand jury appearances through trials and appeals. We are experienced in defending against criminal investigations, negotiating plea agreements, managing whistleblowers and confidential informant allegations, as well as advocating for our clients who are involved in parallel proceedings where criminal and civil charges stem from the same investigation or set of facts. Our criminal defense attorneys are former prosecutors at the federal and state level with significant trial experience, including at the Department of Justice’s Division of Antitrust.
Antitrust Counseling and Compliance. In our antitrust counseling and compliance practice, we work with our clients to anticipate risk, minimize risk, and avoid antitrust issues in their mergers, acquisitions, joint ventures, distribution and franchise agreements, standards-setting exercises, market research efforts, intellectual property acquisition and licensing, product/service offerings and pricing, advertising, trade association activities, and relationships with customers, competitors, and employees.
We are skilled at advising clients who must proactively report anticipated combinations under the Hart-Scott-Rodino Act, and we are zealous advocates to meet our clients’ business goals before both the DOJ's Antitrust Division and the Federal Trade Commission’s Bureau of Competition if a Second Request for Information or full investigation ensues.
Our Team. Our antitrust attorneys include former prosecutors and regulators from the Department of Justice (Division of Antitrust, U.S. Attorneys’ Offices, Tax Division, and Fraud Division), the Federal Bureau of Investigations, the Federal Trade Commission’s Bureau of Competition, and the Department of Energy.
Industries. We represent clients in a wide range of industries, including: aerospace, alcohol, agriculture, automotive, aviation, beverage, construction, defense, drugs, energy, entertainment, health care, manufacturing, medical devices, national security, oil and gas, pharmaceuticals, real estate, retail, tax, transportation, and waste management.