Antitrust & Competition Law

Allegations of anticompetitive conduct are tossed out like grenades. At ArentFox Schiff, we know whether they’re duds. In response to live ones, our team advises trade associations, manufacturers, retailers, technology firms, and others and counsels on how to avoid them entirely.

Trade associations and other nonprofits have unique antitrust and competition law needs. Because memberships are frequently composed of competitors, trade associations need to be wary of communications between members that can be viewed as violations of antitrust laws. An inopportune conversation between members at a meeting can lead to civil litigation and criminal charges. Trade groups also often receive subpoenas for documents and other information from civil plaintiffs and the government in civil and criminal investigations and trials.

Our clients include dozens of national trade associations in many industries, including real estate, health care and pharmaceutical distribution, automotive, higher education, biotechnology, retail, food and beverage, construction, and agriculture.

How We Help

Guiding business strategy and contract terms to comply with US and state antitrust laws
Advising the boards of member-governed organizations like trade associations and multiple listing services
Helping respond to litigation and subpoenas
Defending depositions and defending clients at trial
Establishing trade groups, rules, and bylaws