Antitrust Litigation and Counseling

When you hire an antitrust lawyer from Eaton & Van Winkle, you get an attorney with experience in all aspects of global cartel and monopolization investigations, including parallel civil Sherman Act actions, European Union proceedings, and extraterritorial discovery. We advise clients worldwide on the complexities of proposed cross-border transactions (mergers, joint ventures) and on cross-border or international mergers and acquisitions, joint ventures, licensing and distribution arrangements and criminal investigations. We represent clients in courts and tribunals throughout the U.S. in cases involving cartels, parallel civil/criminal proceedings, civil class actions and arbitration. We have guided clients smoothly through U.S. pre-merger processes so their transactions are completed promptly and efficiently. We represent complainants and defendants in complex antitrust investigations, including price-fixing investigations and parallel class actions.

Eaton & Van Winkle offers cross-border regulatory and practical business experience in the complex issues that transnational corporations face in their vertical and horizontal relationships with suppliers, customers and competitors, advising, advising on pricing issues, exclusive dealing arrangements, licensing, joint ventures, territorial restrictions, suggested resale prices, minimum advertised pricing programs, volume and functional price discounts, rebates and promotional allowances, requirement contracts, exclusive distributorships and Most Favored Nation (MFN) clauses . We have assisted clients with U.S, E.U. and international antitrust compliance issues, advise clients on transactions that may raise antitrust issues and have provided in-house training to clients regarding avoidance of anti-competitive behaviors.

In the U.S., we have counseled complaining parties and targets of government civil and criminal enforcement actions at state and federal levels, on issues ranging from alleged violations of Sherman Act Sections 1 and 2 to alleged violations of the Robinson-Patman Act. Our antitrust litigation and counseling group is led by Bob Bernstein who brought the first successful Sherman Act claim in the U.S. arising out of price fixing on the London Metal Exchange. He has, in addition, served as counsel in several major U.S. appellate court cases involving the rights of manufacturers to control the distribution of their products.


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