Antitrust law awareness is becoming increasingly important as the Obama administration signals its intention to step up monitoring and enforcement activities.  For example, Assistant Attorney General in charge of the Antitrust Division of the Department of Justice, Christine Varney, has stated that “We cannot sit on the sidelines any longer - both in terms of enforcing the antitrust laws and contributing to sound competition policy as part of our nation's economic strategy.”

Particular antitrust enforcement focus is expected on high tech, internet-based, financial services and healthcare markets for which FSB is uniquely equipped to provide integrated, practical solutions relating to such issues as licensing, pricing, standard-setting, joint ventures, and product bundling.  In addition to day-to-day counseling on transactions and prospective business arrangements, FSB can assist clients in developing or updating their antitrust compliance and training programs.

FSB’s expertise includes the following areas, among others:

Typical Issues:

• Relationships among competitors – Prohibited cartels/joint refusals to deal versus permitted cooperative activities.  Joint ventures/consortiums, standards bodies, trade associations, and information exchanges such as benchmarking.
• Relationships with customers and suppliers – tying/bundling arrangements, reciprocity, IP license terms, and exclusive dealing.
• Monopolization – market power issues and anti-competitive conduct by a dominant firm such as exclusive arrangements, refusing to deal with customers who purchase from competitors, tying/bundling arrangements, and below-cost pricing.
  Company antitrust compliance and training programs.

Antitrust Statutory Framework:

• Sherman Act
• Clayton Act
• Federal Trade Commission Act
• Robinson-Patman Act
• Bank Holding Company
• State laws
• International (e.g., European Union competition law)

Industries:

• Telecommunications
• Software & Other Technology
• Banking & Financial Services
• Healthcare