Antitrust and Competition

The Haynes Boone Antitrust and Competition practice navigates clients through the complex landscape of competition law, and for more than 40 years, we have been successful defending Fortune 500 companies and international corporations facing antitrust challenges. Clients benefit from our extensive federal antitrust enforcement experience, and our team includes former in-house counsel for leading companies, high-ranking federal prosecutors, and leadership within the Antitrust Division of the U.S. Department of Justice. This antitrust prowess has earned us past recognition as Band 1 for White Collar Crime and Government Investigations in Texas by Chambers USA, Chambers and Partners.

We combine deep legal knowledge with practical experience delivering tailored solutions for our clients that work in the real world, including:

• Defeating private antitrust litigation by individual plaintiffs and class representatives
• Successfully resolving investigations by government agencies
• Negotiating with state, federal and international competition authorities
• Designing and implementing both national or international cartel litigation defense strategies
• Conducting complex internal investigations of alleged wrongdoing
• Developing and implementing corporate regulatory compliance programs

We have represented companies, executives and directors in cases involving claims of horizontal price fixing, market allocation, group boycott, bid rigging, refusal to deal, resale price maintenance, tying, exclusive dealing, price discrimination, and monopolization. We have defended clients in a wide variety of industries, including chemicals, energy, telecommunications, transportation, manufacturing, healthcare, financial services, insurance, food services, construction, waste disposal, drugs and pharmaceuticals, and technology.

Our seasoned attorneys provide comprehensive legal services to address the multifaceted challenges that businesses face in today’s competitive environment, including:

• Private Antitrust Litigation and Class Actions. We regularly represent clients in high-stakes antitrust litigation in both federal and state courts where the risks of treble damages are acute. These complex cases include class actions, simultaneous parallel litigation, and cases with related criminal investigations, which require special experience, coordination and capabilities. We handle cases under the Sherman Act, Clayton Act, Robinson-Patman Act, and state equivalents, including actual and attempted conspiracy and monopolization claims. We get cases like these dismissed for our clients, and we then defend those dismissals on appeal and have set important antitrust precedent in federal appellate courts for our clients.
• Criminal Investigations and Prosecutions. Our attorneys handle the complexities of criminal investigations and prosecutions, and we have represented clients in criminal antitrust proceedings. We develop robust defense strategies for Fortune 500 companies, international corporations, and their executives and directors facing criminal charges or investigations by the DOJ or other government agencies. We draw upon the experience of former high-ranking federal prosecutors and DOJ leadership in grand jury proceedings and high-stakes cases involving alleged price fixing, bid rigging, market allocation, and more.
• Antitrust Counseling, Compliance, and M&A. We are valued business advisors for our clients, helping them achieve their business objectives while complying with both U.S. and international competition laws. We proactively manage risk by helping develop and implement effective compliance and training programs. We also conduct antitrust risk assessments and offer guidance on mergers and acquisitions, joint ventures, and other business practices relating to pricing, distribution, exclusive dealing, market share, expansion, licenses, mergers, trade associations, standard setting organizations, and more. We compliment this counseling with substantial experience conducting complex internal investigations of alleged wrongdoing and crafting remediation strategies where necessary.
• International Cartels. We have substantial experience addressing international cartel issues. We assist clients with investigations, prosecutions, and private treble damage litigation involving global cartels, and we advise clients on compliance with antitrust laws across multiple jurisdictions. We coordinate with legal teams worldwide, manage the intricacies of cross-border legal issues, and defend against allegations of international price-fixing and market-sharing schemes. We handle major international cartel investigations in a variety of industries, and we successfully conduct internal investigations, assess conduct and leniency issues, negotiate with competition authorities, and implement cartel litigation defense strategies.