Antitrust and Competition

Skadden, Arps, Slate, Meagher & Flom

Description

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 .