DOJ Antitrust Division Defense Law Firm

Experienced Defense Counsel for U.S. Department of Justice Antitrust Investigations

Attorney Nick OberheidenWildlife Violations Team Lead

The United States Department of Justice (DOJ) Antitrust Division shares responsibility with the U.S. Federal Trade Commission (FTC) for enforcing the nation’s antitrust laws. The Antitrust Division pursues both civil and criminal antitrust enforcement; and, in all cases, targeted companies and individuals can face substantial penalties.

The antitrust team at Oberheiden P.C. defends companies and individuals in all antitrust enforcement matters involving the Justice Department’s Antitrust Division. Our antitrust attorneys represent companies in all industries in matters involving all federal antitrust laws. Our attorneys represent companies facing antitrust claims in private litigation—including commercial litigation and antitrust class action and multidistrict litigation (MDL) cases—as well. With our broad-based antitrust defense practice, we are well-positioned to represent companies and individuals facing allegations in all circumstances, from defending against DOJ Antitrust Division investigations to defending against alleged violations in federal district court.

Potential Allegations in U.S. Department of Justice Antitrust Division Investigations

Antitrust enforcement matters involving the Justice Department’s Antitrust Division can target a wide range of allegations. We defend clients that are facing allegations under the Clayton Act, Sherman Act, and Federal Trade Commission Act including (but not limited to):

Monopolization claims
Price fixing and price discrimination claims
Attempts to rig bids and other claims related to competition enforcement
Failure to implement effective antitrust compliance programs
Antitrust and competition policy violations resulting in consumer harm

Again, these are just examples. We defend leading companies, financial institutions, and other entities that are facing scrutiny from the DOJ’s Antitrust division involving all federal antitrust issues. In all cases, a proactive and informed defense strategy is critical, and targeted entities must work with experienced legal counsel to target a successful resolution that avoids unwarranted liability, business disruptions, and other consequences.

Defending Against Government Investigations

Our antitrust attorneys defend clients facing government investigations across the country—from the Eastern District of New York to the Southern District of California. U.S. Attorney’s Offices nationwide target companies suspected of violating the Clayton Act, Sherman Act, and Federal Trade Commission Act through unlawful mergers, bid rigging, price fixing, and other anti-competitive violations. In these cases, mounting a successful defense involves:

Quickly gaining a clear understanding of the focus and scope of the investigation
Conducting an internal (and privileged) risk assessment based on the allegations at issue
Effectively responding to target letters, subpoenas, and other means of inquiry
Formulating a comprehensive defense strategy that addresses all pertinent allegations
Working to steer the investigation toward a resolution that avoids formal enforcement action

At Oberheiden P.C., we have a proven track record of helping clients favorably resolve high-stakes federal investigations. In these matters, being prepared to communicate effectively with DOJ personnel while also protecting the company’s interests is critical. With a defense team that includes former DOJ prosecutors, we are intimately familiar with how the Antitrust Division handles these cases, and we rely on our experience to help our clients achieve favorable pre-charge resolutions whenever possible.

Defending Against Civil and Criminal Antitrust Litigation

Along with handling federal antitrust investigations, we also serve as lead counsel for companies, financial institutions, and other entities that are facing litigation with the DOJ. This includes both civil and criminal antitrust enforcement proceedings. Civil and criminal cases can both present substantial risks—with criminal cases presenting risks for both fines and prison time.

When advising clients that are facing litigation with the DOJ, we focus on helping our clients target favorable resolutions that avoid trial whenever possible. In some cases, this involves targeting summary judgment or convincing the DOJ to drop its case. In others, it involves negotiating a deal that mitigates the consequences of antitrust noncompliance. In other still, it involves fighting for a favorable verdict at trial. While we prioritize pre-trial resolutions, we are a team of experienced litigators who do not hesitate to protect our clients’ interests in court when necessary.

About Our Federal Antitrust Defense Practice

Oberheiden P.C. is a federal compliance and defense law firm that provides strategic defense representation for clients facing high-stakes civil, criminal, and administrative proceedings involving the DOJ’s Antitrust Division and other federal authorities. Several members of our defense team worked at the DOJ before entering private practice, and these attorneys rely on their prior DOJ experience to provide key insights to clients that are facing federal antitrust-related scrutiny.

Here are some more key facts about our federal antitrust defense practice:

We have extensive experience in the area of federal antitrust defense. Our attorneys have successfully represented multiple clients targeted by the DOJ’s Antitrust Division and other federal law enforcement authorities.
Our lead attorneys are well-known and well-respected in their areas of practice. Several of our attorneys have multiple publications and speaking engagements—in addition to having served as legal commentators for national media outlets.
Along with handling federal enforcement matters, we also represent clients in civil antitrust litigation. This includes fighting class certification in putative class actions, defending clients in class act litigation and multidistrict litigation (MDL), and defending clients in civil and commercial litigation involving direct purchasers, indirect purchasers, competitors, and other plaintiffs.
In both civil and criminal matters, we also provide representation on appeal when necessary. Our defense team includes litigators who are licensed to practice in federal circuit courts across the country and before the U.S. Supreme Court.
We provide antitrust compliance representation as well. If your company needs to come into compliance, our attorneys can assist with developing and implementing a comprehensive and custom-tailored antitrust compliance program.

We also provide representation for select enforcement matters involving state attorneys. If your company, institution, or organization is facing antitrust-related scrutiny at the state level, we invite you to get in touch to discuss whether we can help. We have a nationwide network of attorneys who provide representation in complex enforcement cases, so we will be able to help in most circumstances.

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)

FAQs: Criminal Enforcement in Federal Antitrust Matters

Does my company need external counsel for a DOJ Antitrust Division investigation?

DOJ Antitrust Division investigations present substantial risks, and they can involve a variety of complex federal legal issues. As a result, companies will typically need to engage external counsel to provide defense representation in these matters. At Oberheiden P.C., we have extensive experience in the area of federal antitrust defense, and we can get to work immediately defending your company against the DOJ’s investigation.

What should I do if I have received a target letter from an Assistant Attorney General at the DOJ?

If you have received a target letter from an Assistant Attorney General at the DOJ (or a state attorney general), you should engage experienced defense counsel promptly. Antitrust investigations can proceed quickly, especially in their early stages, and targeted companies need to get out in front of the government’s investigation to mount a successful defense. Our firm has extensive experience in this area. We can help you make informed decisions about how to respond to the target letter, and then we can engage directly with the government’s attorneys on your behalf.

Does the Federal Bureau of Investigation (FBI) investigate potential federal antitrust law violations?

Yes, the Federal Bureau of Investigation (FBI) does investigate potential federal antitrust law violations in some cases. Typically, the FBI will work alongside (or refer these cases to) the DOJ’s Antitrust Division or the U.S. Federal Trade Commission (FTC). Like the DOJ and FTC, the FBI has substantial investigative resources at its disposal, and companies targeted by the FBI must defend themselves effectively to avoid unnecessary consequences.

When do joint ventures have federal antitrust implications?

Joint ventures can have federal antitrust implications in various circumstances. Oftentimes, federal antitrust investigations targeting joint venture partners will focus on alleged price fixing or other anti-competitive practices, including effective monopolization. In these cases, all joint venture partners (and potentially their owners and executives) can face substantial liability exposure; and, here too, a proactive and strategic defense is critical for securing a favorable outcome.

What are the risks of facing a federal antitrust investigation, and what are the potential outcomes?

Federal antitrust divisions can lead to substantial fines, injunctions, and other penalties for targeted companies, and they can lead to fines and prison time for targeted individuals. In some cases, DOJ press releases will lead to civil and commercial antitrust lawsuits as well. As a result, potential outcomes of federal antitrust investigations range from resolving the inquiry without further consequences to facing high-stakes litigation on multiple fronts. This makes it critical for targeted entities and individuals to engage experienced defense counsel promptly.

Contact the Antitrust and Competition Defense Lawyers at Oberheiden P.C.

If you need experienced defense counsel for a DOJ Antitrust Division investigation, we encourage you to contact us right away. We represent clients in these matters nationwide. To speak with a senior antitrust and competition defense lawyer at Oberheiden P.C. in confidence as soon as possible, call 888-680-1745 or tell us how we can get in touch online now.