Antitrust and Competition
Overview
Creative strategies for transformative times
Today, antitrust and competition laws are undergoing a sea change. Around the world, regulators and governments are focusing on the market impact of consolidation, technology and changing business models. As aggressive enforcement becomes a priority, industry leaders rely on Crowell for strategies that let them innovate and compete.
Our clients know that our deep bench and worldwide footprint allow us to fully serve the needs of a global enterprise. Just as importantly, they recognize our extraordinary experience and value, repeatedly trusting us with their most critical transactional, litigation and counseling challenges.
Insights
Client Alert | 10 min read | 09.24.24
ESG Opponents' Antitrust Accusations: Do They Make Sustainability Collaboration Dangerous?
Investors pursuing environmental, social, and governance (ESG) programs or applying sustainability standards have recently faced high-profile antitrust accusations, leading some to reconsider their participation in certain sustainable investment groups. On August 9, 2024, Climate Action 100+ confirmed the withdrawal of a major investor from the initiative, less than two weeks after the Judiciary Committee of the U.S. House of Representatives had sent information requests to more than 130 of the group’s members as part of an investigation into ESG programs. This follows numerous similar requests by the Committee since December 2022, as well as similar requests and threats of legal action against asset managers by some State Attorneys General since August 2022.
Press Coverage | 09.19.24
Its Own Solar System: A New Purchase For Mars Inc. Will Send It Into The Stratosphere
Firm News | 2 min read | 09.09.24
Daily Journal Names Jason Murray and Chahira Solh to 2024 Top 100 Lawyers List
Representative Matters
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Mergers and Acquisitions
- Represented AT&T in its $48 billion acquisition of DIRECTV.
- Represented United Technologies in its $18.4 billion acquisition of Goodrich.
- Represented Coventry Health in its $5.7 billion sale to Aetna.
- Represented DuPont in its $4.9 billion sale of its coatings business.
- Represented AT&T in its proposed $39 billion acquisition of T-Mobile.
Civil Antitrust Litigation
- Obtained summary judgment for DuPont on antitrust counterclaims filed by Kolon, a leading Korean manufacturer, pertaining to alleged monopolization of para-aramid fiber (marketed by DuPont under the Kevlar® brand), and subsequently obtained $275 million in restitution and damages for DuPont in the related trade secrets matter.
- Obtained a dismissal of all claims for our client, Motorola, in a significant lawsuit alleging multiple antitrust violations. The plaintiffs sought an injunction to stop defendants from selling their 4G-LTE chips, mobile devices and wireless services, along with treble damages and attorneys’ fees. Corr Wireless Communications, L.L.C., et al. v. AT&T Inc., et al.
- Represent AT&T, Motorola, Target, Sears, Kmart, RadioShack, Newegg, JACO, Viewsonic, Rockwell, and CompUSA in lawsuits alleging that LCD manufacturers participated in an international price-fixing conspiracy that resulted in damages in the billions of dollars.
Antitrust Recovery
- Recovered hundreds of millions for clients in litigation claiming price-fixing and cartel activity in the DRAM industry.
- Recovered $90 million for clients from attempts to monopolize the copper market.
- Recovered more than $60 million for clients in litigation claiming price-fixing and cartel activity in the rubber chemicals industry.
Antitrust Counseling
- Represented a major manufacturer of electronics and musical instruments, advising on its management of multiple dealer and distributor networks, including pricing, e-commerce and gray market issues.
- Represented a major chemical manufacturer regarding multiple distribution networks, pricing, and production joint ventures.
- Represented a major rail and shipping company in compliance reviews and training.
Health Care Antitrust
- Represented Coventry Health Corporation in its $5.7 billion sale to Aetna.
- Represented Humana, Inc. in its acquisition of Arcadian Management Services.
- Represented Siemens Healthcare in its global collaboration with Varian Medical Systems.
European Competition Law
- Represented clients in second stage proceedings and participating in some of the most significant transactions reviewed under the European Union (EU) Merger Regulation, both representing merging companies and third-party interveners.
- Managed the challenges that arise in simultaneous clearance procedure before the European Commission and the DOJ/FTC as well as most other merger control authorities across the globe.
- At the EU level, we have obtained clearances for transactions in industries including telecommunications, pharmaceuticals, crop protection, the automobile industry, industrial components and the Internet.
Insights
Client Alert | 10 min read | 09.24.24
ESG Opponents' Antitrust Accusations: Do They Make Sustainability Collaboration Dangerous?
Investors pursuing environmental, social, and governance (ESG) programs or applying sustainability standards have recently faced high-profile antitrust accusations, leading some to reconsider their participation in certain sustainable investment groups. On August 9, 2024, Climate Action 100+ confirmed the withdrawal of a major investor from the initiative, less than two weeks after the Judiciary Committee of the U.S. House of Representatives had sent information requests to more than 130 of the group’s members as part of an investigation into ESG programs. This follows numerous similar requests by the Committee since December 2022, as well as similar requests and threats of legal action against asset managers by some State Attorneys General since August 2022.
Press Coverage | 09.19.24
Its Own Solar System: A New Purchase For Mars Inc. Will Send It Into The Stratosphere
Firm News | 2 min read | 09.09.24
Daily Journal Names Jason Murray and Chahira Solh to 2024 Top 100 Lawyers List
Insights
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06.18.24
The Global Regulatory Developments Journal
Antitrust and Government Contracting and Procurement
|05.03.24
Practical Law
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03.29.24
New York Law Journal
It’s Not Easy Being Green: The European Commission’s New Guidance On Sustainability Agreements
|01.30.24
The Global Regulatory Developments Journal
Court Dismisses Algorithmic Price-Fixing Case, But Opens Door To Amended Complaint
|01.18.24
The Journal of Robotics, Artificial Intelligence & Law
Antitrust: Artificial Intelligence Moves Into the Realm of Antitrust Litigation
|01.10.24
Litigation Forecast 2024
Its Own Solar System: A New Purchase For Mars Inc. Will Send It Into The Stratosphere
|09.19.24
Washington Business Journal
The Crowell & Moring Paralegal Who Made History Refereeing at the Paris Olympics
|08.02.24
National Law Journal
“Antitrust Enforcement in 2023: Vertical Mergers, Interlocking Directorates, Unfair Competition, Information Sharing,” Strafford Webinar
|04.20.24
“Antitrust Hot Topics: A Changing Antitrust Landscape,” American Health Law Association Health Care Transactions Conference
|04.17.2023, 04.19.2023
"Do Non-Competes Cause More Harm Than Good?," 72nd Antitrust Law Spring Meeting, Washington, D.C.
|04.10.24
The E-Books Case: Getting Everyone on the Same Page, ABA Section of Antitrust Law, Joint Conduct and Media & Technology Committees
|02.19.24
FTC Updates (April 15 – April 19, 2024)
|04.23.24
Crowell & Moring’s Retail & Consumer Products Law Observer
FTC Updates (March 11–15, 2024)
|03.22.24
Crowell & Moring’s Retail & Consumer Products Law Observer
FTC Updates (August 7-25, 2023)
|10.05.23
Crowell & Moring’s Retail & Consumer Products Law Observer
UK’s Competition Law Based Collective Action in the Crypto Space
|08.30.22
Crowell & Moring’s Crypto Digest
Professionals
Insights
Client Alert | 10 min read | 09.24.24
ESG Opponents' Antitrust Accusations: Do They Make Sustainability Collaboration Dangerous?
Investors pursuing environmental, social, and governance (ESG) programs or applying sustainability standards have recently faced high-profile antitrust accusations, leading some to reconsider their participation in certain sustainable investment groups. On August 9, 2024, Climate Action 100+ confirmed the withdrawal of a major investor from the initiative, less than two weeks after the Judiciary Committee of the U.S. House of Representatives had sent information requests to more than 130 of the group’s members as part of an investigation into ESG programs. This follows numerous similar requests by the Committee since December 2022, as well as similar requests and threats of legal action against asset managers by some State Attorneys General since August 2022.
Press Coverage | 09.19.24
Its Own Solar System: A New Purchase For Mars Inc. Will Send It Into The Stratosphere
Firm News | 2 min read | 09.09.24
Daily Journal Names Jason Murray and Chahira Solh to 2024 Top 100 Lawyers List
Insights
Client Alert | 10 min read | 09.24.24
ESG Opponents' Antitrust Accusations: Do They Make Sustainability Collaboration Dangerous?
Investors pursuing environmental, social, and governance (ESG) programs or applying sustainability standards have recently faced high-profile antitrust accusations, leading some to reconsider their participation in certain sustainable investment groups. On August 9, 2024, Climate Action 100+ confirmed the withdrawal of a major investor from the initiative, less than two weeks after the Judiciary Committee of the U.S. House of Representatives had sent information requests to more than 130 of the group’s members as part of an investigation into ESG programs. This follows numerous similar requests by the Committee since December 2022, as well as similar requests and threats of legal action against asset managers by some State Attorneys General since August 2022.
Press Coverage | 09.19.24
Its Own Solar System: A New Purchase For Mars Inc. Will Send It Into The Stratosphere
Firm News | 2 min read | 09.09.24
Daily Journal Names Jason Murray and Chahira Solh to 2024 Top 100 Lawyers List