Antitrust and Competition
Continued
Litigation/Controversy
Skadden has an extensive practice defending clients in private
litigation, as well as those accused of criminal violations of antitrust
and competition laws. Attorneys across offices coordinate closely
on multijurisdictional investigations and representing clients in
all phases of grand jury matters, as well as in trials, sentencings
and appeals.
We have extensive counseling, litigation and jury trial experience
in a broad variety of civil and criminal disputes, including trebledamage class action litigation, monopolization claims, price-fixing
allegations, Racketeer Influenced and Corrupt Organizations Act
(RICO) claims and other matters.
carefully conceived global strategies to address often important
differences in procedural requirements and policy priorities, including:
-- requirements for leniency applications;
-- document production, confidentiality and privilege;
-- jurisdictions with and without criminal sanctions for cartel
behavior; and
-- third-party access to evidence produced in other jurisdictions,
both in litigation and administrative proceedings.
Counseling
A significant part of Skadden’s U.S. antitrust litigation experience
includes a dedicated sports law practice. Our attorneys have served
as lead trial counsel to a number of sports leagues, including the
National Football League, the National Basketball Association, the
National Hockey League, the PGA Tour and the Arena Football
League, in a variety of litigations and dispute resolutions involving
antitrust claims.
Skadden’s practice also includes counseling and regulatory advice
in the U.S.
and EU on matters including review of distribution
agreements, intellectual property licenses (e.g., patents, know-how,
trademarks and copyrights) and other strategic arrangements. We
also help clients design, implement and monitor global antitrust audit
and compliance programs. Our services in this area include preparing
the program; educating client personnel via in-person and interactive teleconference presentations; and conducting audits (surprise or
announced) in consultation with clients’ internal counsel.
Government Investigations
Our Team
We routinely advise clients on matters involving investigations
before various government agencies.
In the EU, we advise clients
on Article 101 and Article 102 issues and defend clients against
increasingly vigorous enforcement actions brought by the European
Commission and, if necessary, in appeals of European Commission
decisions concerning these issues to the European courts. We also
assist clients with investigations by the DOJ and FTC into alleged
violations of the Sherman and Clayton antitrust acts and Section 5
of the FTC Act.
Our attorneys have been at the forefront of emerging trends and developments in the antitrust and competition arena and have been recognized for their leadership. In addition to Chambers Global and Chambers USA, numerous publications have named our group members to
top antitrust lawyer lists, including Global Counsel, Global Competition
Review, The Best Lawyers in America, Legal 500 and Who’s Who Legal.
In the context of growing coordination between global antitrust
authorities in the field of cartel investigations, Skadden has built
a sophisticated practice assisting clients in building integrated
strategies to face such investigations.
Parallel investigations
by authorities in diverse jurisdictions such as the U.S., Canada,
the EU, South Africa, South Korea, Japan and Australia require
Our attorneys have authored hundreds of articles and publications
on competition issues, including what is considered the leading
treatise on HSR law, Acquisitions Under the Hart-Scott-Rodino
Antitrust Improvements Act, Third Edition; the American Bar Association’s Premerger Notification Practice Manual; regular columns
for the New York Law Journal; and frequent articles for the Antitrust
Law Journal. We often lecture before the Practising Law Institute
and other professional organizations, and our group hosts leadership
seminars on developments in global competition law.
3 Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates
.