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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

Contacts

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Insights

Client Alert | 3 min read | 02.27.25

No-Poach Not Going Anywhere: FTC Chair Announces New Labor Task Force

Federal Trade Commission Chair Andrew Ferguson announced on February 24, 2025, that the FTC will create the agency’s “first-ever” labor task force, signaling the agency’s continued focus on competition in labor markets, answering an open question from companies as to the fate of the agency’s no-poach and non-compete enforcement priorities. On February 26 Chair Ferguson followed up on his announcement with a Directive Regarding Labor Markets Task Force, providing additional details on the task force and the agency’s priorities....

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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

Contacts

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Insights

Client Alert | 3 min read | 02.27.25

No-Poach Not Going Anywhere: FTC Chair Announces New Labor Task Force

Federal Trade Commission Chair Andrew Ferguson announced on February 24, 2025, that the FTC will create the agency’s “first-ever” labor task force, signaling the agency’s continued focus on competition in labor markets, answering an open question from companies as to the fate of the agency’s no-poach and non-compete enforcement priorities. On February 26 Chair Ferguson followed up on his announcement with a Directive Regarding Labor Markets Task Force, providing additional details on the task force and the agency’s priorities....

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Insights

Client Alert | 3 min read | 02.27.25

No-Poach Not Going Anywhere: FTC Chair Announces New Labor Task Force

Client Alert | 2 min read | 01.31.25

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

Client Alert | 3 min read | 01.22.25

Recent HSR Enforcement Actions Offer a Harsh Reminder That “The Rules Are the Rules”

Firm News | 2 min read | 10.18.24

The Recorder Honors Chahira Solh for Distinguished Leadership
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Professionals

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Insights

Client Alert | 3 min read | 02.27.25

No-Poach Not Going Anywhere: FTC Chair Announces New Labor Task Force

Federal Trade Commission Chair Andrew Ferguson announced on February 24, 2025, that the FTC will create the agency’s “first-ever” labor task force, signaling the agency’s continued focus on competition in labor markets, answering an open question from companies as to the fate of the agency’s no-poach and non-compete enforcement priorities. On February 26 Chair Ferguson followed up on his announcement with a Directive Regarding Labor Markets Task Force, providing additional details on the task force and the agency’s priorities....

View All Insights