Kutak Rock LLP is ISO 27001:2013 certified. 1994-2023 Kutak Rock LLP. All rights reserved.
We have extensive experience in antitrust counseling and litigation accrued through government service and private practice. Our antitrust attorneys practice in three main areas:
Our team has broad litigation experience as defendant’s counsel, appearing in trial and appellate courts nationwide. We have litigated numerous cases, both civil and criminal, including claims of price fixing, bid rigging, monopolization and attempted monopolization, price discrimination and deceptive advertising.
Our experience includes, but is not limited to, representing companies in banking and finance, computing and telecommunications, traditional manufacturing, retail and franchise sales, transportation, petroleum and energy resources, real estate, health care and international trade.
We work as plaintiff's and defendant's counsel, appearing in trial and appellate courts nationwide. Our team has represented a variety of clients in antitrust matters, including Fortune 500 companies in the telecommunications, automotive and consumer products industries, manufacturers, service providers and retailers, financial institutions, hospitals and health care professionals, trade associations and individuals. Where appropriate and available, we seek to utilize alternate dispute resolution procedures, including arbitration and negotiated settlements, to avoid protracted litigation.
We provide advice on potentially vulnerable transactions and marketing practices and help structure transactions that allow the client to achieve its business goals without running afoul of the antitrust laws. Our advice ranges from reviews of specific transactions to corporate-wide antitrust audits and compliance programs. We also provide representation and counseling in the related fields of trade regulation, unfair competition and international trade and competition law.
In addition to preparing the necessary HSR filing documents and communicating with the FTC and DoJ, we also analyze transactions to determine if they are exempt from the filing and waiting period requirements and advise on structuring transactions to avoid or minimize potential substantive antitrust issues. We become fully acquainted with the deal and prepare the necessary notifications to avoid costly and time-consuming second requests. In recent years, we have completed a number of pre-merger notifications, including work on several high-profile $1 billion-plus mergers. On international transactions, we work with foreign counsel on pre-merger requirements in the EU and elsewhere around the globe.