Antitrust & Competition Law
Bona Law PC attorneys have outstanding antitrust and competition law expertise at the highest levels of counseling and advocacy. We litigate matters as both plaintiffs and defendants in state and federal court. We also offer counseling and guidance to help our clients navigate the ever-changing antitrust laws and regulations that affect their business. That includes developing antitrust compliance policies and programs for companies and trade associations. And we have helped clients through Federal Trade Commission (FTC) and Department of Justice civil and criminal antitrust actions and investigations. We also are leading experts in issues surrounding antitrust actions against state-and-local government entities.
We are accustomed to handling antitrust and competition matters that span both state and national boundaries, and have strong relationships with attorneys across the globe that can assist in any matters beyond our licensed jurisdictions. Indeed, we actively participate as a non-governmental advisor to the International Competition Network (ICN).
We are often brought in to provide antitrust expertise for attorneys in other jurisdictions when their clients face complex antitrust and competition issues. We can successfully integrate into the team in any role from counseling to actively running the matter, depending upon the desires of the client and local attorney.
We handle antitrust and competition matters in any industry, but have particular expertise in technology, health-care, pharmaceutical, manufacturing and retail, insurance and finance, agriculture and food, energy, and many others.
Our antitrust and competition experience covers great breadth and depth, and includes the following:
- Complex litigation and class actions, including the Class Action Fairness Act (CAFA).
- Government civil investigations and litigation, including the Federal Trade Commission and Department of Justice.
- Section 5 of the FTC Act.
- Antitrust criminal prosecutions.
- Antitrust compliance counseling for businesses and trade associations.
- Merger and acquisitions, including Hart-Scott-Rodino Act Filings with the Department of Justice and Federal Trade Commission.
- Trade-association antitrust issues.
- Standard-setting-organization issues.
- Intellectual property settlements and disputes, including licensing agreements.
- Exclusionary conduct and monopolization (exclusive dealing, loyalty discounts, refusal to deal, bundled discounts, tying, predatory pricing, essential facilities, monopoly leveraging, conspiracy to monopolize, etc.).
- Horizontal agreements under the per se standard, rule of reason, and quick look standards (price-fixing, market allocation, group boycotts, bid rigging).
- Vertical agreements, including resale-price-maintenance agreements.
- Joint ventures.
- Antitrust Group Boycotts
- Robinson-Patman Act.
- Antitrust exemptions and immunities (state-action immunity, Insurance exemption, labor exemption, agricultural cooperatives exemption, filed-rate doctrine, Noerr-Pennington immunity, etc.).
- Antitrust injury, standing, and damage issues.
- International antitrust issues.
- State antitrust cases and issues, including the Cartwright Act.
- Unfair Competition and Deceptive Trade Practice laws.
- Antitrust actions with related claims like RICO, tortious interference, intellectual property, trademark, Lanham Act, breach-of-contract, fraud and misrepresentation, trade secrets, and others.
- Antitrust and real estate.