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Antitrust and Trade Regulation

The Antitrust and Trade Regulation Law Practice at Phillips Nizer LLP encompasses both counseling and litigation.

We advise clients in planning and structuring mergers, acquisitions and joint ventures, as well as licensing, franchise and distribution arrangements.  The Firm also assist clients in developing antitrust compliance programs and in conducting antitrust audits to help assure compliance with the antitrust laws in the conduct of their businesses.

We negotiate with both federal and state antitrust authorities to resolve antitrust disputes in a variety of areas, including mergers, acquisitions, resale price maintenance and horizontal price-fixing, and represents clients in investigations and enforcement actions, both civil and criminal.  We also represent clients both in bringing and defending private treble damage actions involving a wide variety of business transactions, including class actions based on federal and state antitrust claims.

A sampling of our matters include:

  • Representing a major chemical company and its corporate parent in connection with the defense of an action brought by the Federal Trade Commission to enjoin the acquisition of the polyvinyl chloride assets of another company.
  • Representing a large Swiss pharmaceutical and chemical company and its U.S. affiliate in evaluating the antitrust aspects of the sale of a ceramic filter manufacturing subsidiary.
  • Representing a group of major motion picture companies before the Justice Department in challenging the licensing and exhibition practices of one of the major pay cable television networks.
  • Representing a processed egg products manufacturer in putative antitrust class actions alleging conspiracy to allocate customers and markets and to fix the prices of shell eggs and egg products.
  • Representing plaintiffs in a consumer class action against a kitchen appliance manufacturer alleging that it participated in a retail price maintenance scheme in connection with the sale of food processors. The representation resulted in a favorable settlement for the plaintiff class.
  • Advising a major motion picture distributor with regard to potential antitrust issues in connection with a proposed joint venture among four other motion picture distributors involving the formation of pay cable television network for the exhibition of feature films distributed by the four companies.
  • Representing one of the major motion picture distributor plaintiffs in an antitrust action challenging the practices of the major television networks in televising programs produced by their own subsidiaries.
  • Representing an association of dealers of auto parts in restructuring the discount received by its franchisee members from a large supplier of automotive parts in the purchase of mufflers, exhaust system parts, brakes and shock absorbers and in resolving potential Robinson-Patman Act issues.
  • Representing a major building supplies firm in Florida in defending a series of class action antitrust cases alleging price-fixing in the sale of building supplies and obtained a favorable settlement on its behalf.
  • Filing amicus curiae briefs on behalf of a major trade association client in successfully opposing a challenge to a state sales-below-cost law on federal preemption and antitrust grounds.
  • Representing a tobacco wholesalers trade association in defending civil and criminal cases charging the association and its members with price-fixing and successfully negotiated a consent decree on its behalf.
  • Representing a bar review course provider in an action against a competitor alleging that it engaged in actual and attempted monopolization, false advertising, tortious interference with contractual relations and unfair competition.

We have represented a number of major trade associations in a variety of industries, including motion pictures, telecommunications, stock photography, automotive services, apparel, cigarettes, tobacco and candy, providing antitrust, corporate and tax advice both to trade associations and their members.

Attorneys practicing in this area:

Mark M. Elliott
Thomas G. Jackson
Julian D. Perlman
Jeffrey Q. Smith