Antitrust Defense Lawyer
Experienced Defense Counsel for Government Investigations and Antitrust Litigation
Our firm’s antitrust attorneys provide experienced legal representation for companies facing scrutiny from the U.S. Department of Justice (DOJ) Antitrust Division. We also handle matters involving the U.S. Federal Trade Commission (FTC), and we defend companies in civil and commercial antitrust litigation as well.
In the U.S., federal antitrust laws govern a wide range of business relationships, transactions, and commercial practices. As a result, companies can find themselves facing investigations and litigation involving antitrust issues in a wide range of circumstances. Our antitrust lawyers can help regardless of the circumstances at hand, and we can use our experience to help your company avoid unwarranted antitrust liability.
About Our Firm’s Global Antitrust Practice
We have significant experience representing clients in enforcement matters involving alleged violations of the Clayton Act, Sherman Act, and Federal Trade Commission Act. This includes matters involving the DOJ Antitrust Division and FTC, as well as matters pending in U.S. District Court. We are available to provide representation for select civil and commercial matters pending in federal and state courts across the country—including antitrust class action cases. Our antitrust defense lawyers represent clients throughout the U.S. and worldwide.
Representative areas of our global antitrust practice include:
Government Investigations Involving Alleged Antitrust Violations
A significant portion of our antitrust practice involves defending clients in antitrust cases involving the DOJ Antitrust Division and FTC. These federal authorities hold primary responsibility for enforcing the nation’s antitrust laws, and they pursue both civil claims and criminal prosecution when warranted. Our antitrust team defends clients in a wide range of industries that are facing government investigations involving allegations such as:
- Claims related to merger clearances
- Claims related to ineffective antitrust compliance programs
- Monopolization claims
- Price discrimination claims
- Price fixing claims
We also handle cases involving antitrust allegations arising out of distribution agreements, intellectual property licenses, and other commercial arrangements, as well as trade association activities. We handle cartel investigations and other federal antitrust matters as well. We have successfully represented clients in a wide range of federal investigations, with the substantial majority of our clients’ investigations ending without civil or criminal charges being filed.
Government & Administrative Litigation Under Federal Antitrust Laws
From the Eastern District of New York to the Southern District of California, we represent companies that are facing governmental enforcement litigation in federal courts across the country. This includes both civil and criminal cases. We have extensive experience representing clients in high-stakes enforcement actions, and our team includes former DOJ attorneys who prosecuted these cases before entering private practice.
We defend clients in administrative proceedings involving the Federal Energy Regulatory Commission (FERC) and other federal government agencies as well. Our antitrust lawyers also handle administrative, civil, and criminal appeals at all levels—from administrative appeals to appeals filed with federal circuit courts and the U.S. Supreme Court.
Civil and Commercial Antitrust Lawsuits Brought Against Companies in U.S. Courts
Along with government enforcement litigation, we also defend companies in private litigation involving antitrust claims. We have extensive experience in complex litigation, and we rely on this experience to defend clients in antitrust cases alleging violations of the Clayton Act, Sherman Act, Federal Trade Commission Act, and other pertinent federal and state laws.
We have a proven track record in these cases as well, and we are available to defend large corporations, major banks, and other entities that are facing substantial liability exposure. In every case, we target a successful resolution that protects our clients’ interests as fully as possible, and we rely on our experience, capabilities, and resources to provide efficient and effective defense representation in matters across the country.
Class Action & Multidistrict Litigation (MDL) Involving Antitrust Claims
Our antitrust attorneys are also available to serve as lead counsel in class action and multidistrict litigation (MDL) proceedings involving antitrust claims. We can provide representation for class actions, putative class actions, and MDL proceedings in jurisdictions across the country.
In putative class actions, fighting class certification can be a key step toward securing summary judgment. This typically involves showing that the plaintiffs failed to satisfy one or more of the requirements for pursuing a class action under Federal Rule of Civil Procedure (FRCP) 23. In class actions and MDL proceedings—including those involving both direct purchasers and indirect purchasers—avoiding liability requires a comprehensive and strategic defense focused on the specific facts and circumstances at hand.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former DOJ Trial Attorney
Partner
Brian J. Kuester
Former U.S. Attorney
Hon. Kevin McCarthy
55th Speaker, U.S. House of Representatives (ret.)
Government Consultant
Mike Pompeo
Of Counsel
Former U.S. Secretary of State
John W. Sellers
Former Senior DOJ Trial Attorney
Linda Julin McNamara
Federal Appeals Attorney
Nicholas B. Johnson
Former Prosecutor
Roger Bach
Former Special Agent (DOJ)
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Ray Yuen
Former Supervisory Special Agent (FBI)
Why Choose Oberheiden P.C. for Antitrust Defense?
Antitrust investigations and litigation pose risks for substantial liability exposure. As a result, when facing these matters, companies (and their owners and executives) need to have unwavering confidence in their defense counsel. Here are just some of the reasons why clients across the U.S. and around the world choose the antitrust defense lawyers at Oberheiden P.C.:
- Our Federal Antitrust Experience – We have significant federal antitrust experience. Along with experience defending clients in investigations and litigation, this includes prior experience at the DOJ.
- Our Results in High-Stakes Antitrust Matters – We have a proven track record of securing favorable results for our clients in high-stakes antitrust matters. This includes resolving high-stakes investigations without charges being filed.
- Our Legal Insights and Business Acumen – Our clients trust our antitrust lawyers not only for their legal insights, but also for their business acumen. We provide strategic legal advice focused on the practicalities of doing business.
- Our Focus on Complex Federal Matters – Unlike most other law firms, the bulk of our practice is devoted to advising clients that are facing complex federal matters. Federal cases and state cases are not the same, and targeted companies need defense counsel with relevant experience.
- Our Ability to Assist with Antitrust Compliance – Along with providing antitrust defense representation, we also counsel clients regarding antitrust compliance. We rely on the insights gained from our litigation experience to help clients develop robust and effective compliance programs.
FAQs: Antitrust & Competition Law in the U.S.
When can joint ventures trigger federal antitrust scrutiny?
Joint ventures have become a major focus of federal antitrust enforcement in recent years. Joint ventures can trigger federal antitrust scrutiny under a wide range of circumstances and for a wide range of reasons. In some cases, joint ventures will raise price fixing or price discrimination concerns. In others they will raise concerns about effective monopolies. In all cases, joint venture partners that are facing federal investigations need to engage experienced defense counsel who can effectively protect their interests going forward.
What are the potential outcomes of a federal antitrust investigation?
The potential outcomes of federal antitrust investigations range from resolving the investigation without further consequences to a federal indictment alleging criminal violations of the Sherman Act. Federal antitrust investigations can lead to civil enforcement litigation as well—and fines in civil antitrust cases can be substantial. In some cases, publicity of federal antitrust investigations will also lead to class action or multi-district litigation in which plaintiffs allege similar violations.
What are the penalties for violating the Clayton Act or Sherman Act?
The consequences of violating the Clayton Act or Sherman Act can be substantial. Under the Clayton Act, companies can face substantial civil liability, along with injunctions and other consequences. Plaintiffs in Clayton Act lawsuits can seek treble damages plus other appropriate remedies. Under the Sherman Act, corporate entities can face fines of up to $100 million, while individuals can face fines of up to $1 million plus up to 10 years of federal imprisonment.
Can federal antitrust investigations expose business owners to criminal charges?
Yes, federal antitrust investigations can—and do—expose business owners and executives to criminal charges. When facing criminal charges, business owners and executives must make informed and strategic decisions about whether to pursue plea agreements or fight the DOJ’s allegations in court. While targeting a plea agreement will make sense in some cases, there are several potential defenses to criminal charges under the Sherman Act, and it will be possible to successfully pursue a pre-trial dismissal or a “Not guilty” verdict at trial in many cases.
What should I do if my company is facing a federal antitrust investigation?
If your company is facing a federal antitrust investigation, you should engage defense counsel promptly. These are complex and high-stakes matters that require experienced legal representation. Targeted companies need a law firm that has specific and extensive experience representing clients in similar types of cases—which may include defending against civil or criminal allegations depending on the circumstances involved. Our antitrust attorneys have the experience required to provide effective legal representation in these cases, and we can provide legal representation on an emergency basis when necessary.
Contact the Antitrust and Competition Lawyers at Oberheiden P.C.
If your company is facing antitrust-related scrutiny, or if you personally are facing antitrust-related scrutiny, we encourage you to contact us promptly for more information. We defend clients in federal antitrust matters nationwide. To speak with a senior antitrust defense attorney at Oberheiden P.C. in strict confidence as soon as possible, call 888-680-1745 or tell us how we can help online now.
