Antitrust Counseling

Overview

Crowell & Moring's antitrust professionals regularly counsel high-profile clients on antitrust compliance issues, not only in conjunction with ongoing litigation or transactional work, but as a long-term relationship, collaborating with our clients on the day-to-day running of their businesses.

Our philosophy is grounded in business reality. We help our clients be responsive to their stakeholders and accomplish their business goals while minimizing — and managing — antitrust risk. We focus on quick turnaround and sophisticated advice grounded in the most up-to-date knowledge of the law, no matter how quickly it changes.

Crowell & Moring lawyers have particular knowledge in the following counseling "hot topics," and bring decades of experience in these areas to bear on their clients' daily business decisions:

  • Distribution relationships, including distributor and dealer agreement formation and enforcement, "gray market" and transshipment issues, channel management, distributor terminations, and distributor communications
  • Vertical pricing, including resale prices, price advertising, and price discrimination
  • "Dominant firm" conduct issues, including bundling and other pricing strategies, tying, discounting strategies, and aftermarket issues
  • Horizontal conduct issues, including competitor contacts and collaborations, participation in trade associations, and other industry collaborations
  • Employee antitrust training, and internal compliance audits and assessment

Insights

Client Alert | 2 min read | 01.31.25

California Law Revision Commission Votes To Propose Expansive Changes to California’s Antitrust Laws

Over the last year, the California Law Revision Commission (“CLRC”), the influential body that makes recommendations to the legislature, has been considering sweeping reforms to California’s antitrust law, the Cartwright Act. Recently, the CLRC voted to propose several changes to the Cartwright Act aimed at expanding the reach and scope of the law. Companies doing business in California should pay close attention to this ongoing process because of the potentially dramatic impact such new state laws could have, including increased exposure to antitrust litigation. Crowell & Moring is representing the California Chamber of Commerce (“CalChamber”) in monitoring, analyzing and responding to the CLRC’s recommendations....

Representative Matters

  • Advising a major manufacturer of electronics and musical instruments on its management of multiple dealer and distributor networks, including pricing, e-commerce and gray market issues
  • Representing a major chemical manufacturer in connection with multiple distribution networks, pricing, and production joint ventures
  • Representing a major rail and shipping company in matters concerning compliance reviews and training
  • Advising a major technology and manufacturing company with respect to its relationships with aftermarket service providers for its products
  • Advising a major manufacturer of aircraft engines on all antitrust issues and providing training to members of its team
  • Representing a major scuba gear manufacturer in matters related to its distribution networks, pricing, and gray market issues

Insights

Client Alert | 2 min read | 01.31.25

California Law Revision Commission Votes To Propose Expansive Changes to California’s Antitrust Laws

Over the last year, the California Law Revision Commission (“CLRC”), the influential body that makes recommendations to the legislature, has been considering sweeping reforms to California’s antitrust law, the Cartwright Act. Recently, the CLRC voted to propose several changes to the Cartwright Act aimed at expanding the reach and scope of the law. Companies doing business in California should pay close attention to this ongoing process because of the potentially dramatic impact such new state laws could have, including increased exposure to antitrust litigation. Crowell & Moring is representing the California Chamber of Commerce (“CalChamber”) in monitoring, analyzing and responding to the CLRC’s recommendations....

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Professionals

Insights

Client Alert | 2 min read | 01.31.25

California Law Revision Commission Votes To Propose Expansive Changes to California’s Antitrust Laws

Over the last year, the California Law Revision Commission (“CLRC”), the influential body that makes recommendations to the legislature, has been considering sweeping reforms to California’s antitrust law, the Cartwright Act. Recently, the CLRC voted to propose several changes to the Cartwright Act aimed at expanding the reach and scope of the law. Companies doing business in California should pay close attention to this ongoing process because of the potentially dramatic impact such new state laws could have, including increased exposure to antitrust litigation. Crowell & Moring is representing the California Chamber of Commerce (“CalChamber”) in monitoring, analyzing and responding to the CLRC’s recommendations....