Agency Practice

We regularly represent companies before the Antitrust Division of the Department of Justice, the Federal Trade Commission, and other federal and state regulatory agencies. That practice both includes helping firms subject to criminal and civil investigations to maneuver the agency practice effectively and reach a successful resolution in the most cost-effective and efficient fashion. In other matters, we help represent parties that believe that there is ongoing anticompetitive practices and alerting the federal agencies to the need for government investigation.

Some of the representative matters we have handled include:

• Investigations of anticompetitive practices by several health care provider groups;
• Merger clearance for a major privately-held supermarket chain;
• Merger clearance for a telecommunications equipment manufacturer;
• Merger clearance for a generic pharmaceutical firm;
• Clearance of several pharmaceutical settlements;
• Clearance of monopolization investigation in a high tech market;
• Investigation of anticompetitive practices in medical device markets.

In numerous matters, we have led advocacy against proposed mergers being investigated by the Antitrust Division of the DOJ, the FTC and other agencies, including:

• Verizon/SpectrumCo
• Express Scripts/Medco
• Ticketmaster/Live Nation
• United Healthcare/Sierra
• Highmark/Independence Blue Cross
• JBS/National Beef
• Teva Pharmaceutical/Barr Pharmaceuticals
• Republic Services/Allied Waste Industries
• XM/SIRIUS
• Express Scripts/Wellpoint
• Wal-Mart/Amigo
• First Data/Concord
• JNJ/Guidant
• Boston Scientific/Guidant
• Express Scripts/Caremark

Many of these cases were challenged or settled by the antitrust enforcement agencies.