Antitrust and Competition Law

Antitrust and competition risks are major concerns for companies and individuals, especially given the current bi-partisan view that our economy needs more rigorous antitrust enforcement. Antitrust investigations and litigation threaten a company’s operations and its ability to achieve business goals. At Jenner & Block, we help our clients think two steps ahead.   

We bring sophisticated antitrust expertise that helps our clients solve complex business problems. Whether at trial, leading an investigation, or seeking agency clearance for a merger, our proactive approach focuses on minimizing risk and achieving favorable results.

We Know Antitrust Law Inside and Out 

Our team consists of lawyers who specialize in antitrust law and have prior experience enforcing the antitrust laws on behalf of the government. We combine our antitrust experience with a team of skilled litigators and investigative lawyers to offer the full scope of services needed to handle any matter. Known for our record of success in high-stakes litigation, clients have trusted us with high-profile, precedent-setting class actions, business to business private suits, and appeals.  

Prepared for High-Stakes and Complex Litigation 

In high-stakes and complex antitrust litigation, perspective is key. We build strategies based on experience representing both defendants and plaintiffs in numerous jury and bench trials. All of our team members have successfully litigated cases for the government. That experience is particularly helpful when helping clients navigate antitrust issues with the government.  

Clearing a Path for Transactions 

In transactions, we advise on Hart-Scott-Rodino Act compliance and help clear a path through antitrust challenges to get deals done. We are skilled at identifying and counseling clients on antitrust risks, including whether a transaction is reportable to the government and whether it requires a waiting period before closing. Where necessary, we bring experience and skilled advocacy to defending transactions before government agencies.

  • Represented ProMedica Health System, one of the largest health systems in the United States,  in a successful defense against allegations of an anticompetitive refusal to deal with rival health system, including a unanimous ruling by the Sixth Circuit Court of Appeals that the lower court erred in entering an injunction against our client mandating a judicially determined course of dealing with the plaintiff. 
  • Represented PLS.com as plaintiff in a challenge to the rules of incumbent listing network services that harm competition, including a unanimous ruling by the Ninth Circuit Court of Appeals that our client’s complaint plausibly alleged an unlawful group boycott. 
  • Representing Dartmouth College in a class action against allegations that it conspired with 16 other elite university to suppress the amount of financial aid awarded to undergraduate students.
  • Representing the Las Vegas Review-Journal and its owners in a closely watched antitrust lawsuit between Las Vegas news rivals involving the enforceability of a Joint Operating Arrangement under the 1970 Newspaper Preservation Act – one of the last of its kind in the nation.
  • Representing TEGNA in class action alleging that TEGNA and other TV broadcasters conspired to increase prices for local TV advertising.
  • Represented McKesson against class action alleging conspiracy to restrain competition and artificially inflate prices of syringes and catheters. We won dismissal and the Seventh Circuit affirmed.

Experience

  • Represented ProMedica Health System, one of the largest health systems in the United States,  in a successful defense against allegations of an anticompetitive refusal to deal with rival health system, including a unanimous ruling by the Sixth Circuit Court of Appeals that the lower court erred in entering an injunction against our client mandating a judicially determined course of dealing with the plaintiff. 
  • Represented PLS.com as plaintiff in a challenge to the rules of incumbent listing network services that harm competition, including a unanimous ruling by the Ninth Circuit Court of Appeals that our client’s complaint plausibly alleged an unlawful group boycott. 
  • Representing Dartmouth College in a class action against allegations that it conspired with 16 other elite university to suppress the amount of financial aid awarded to undergraduate students.
  • Representing the Las Vegas Review-Journal and its owners in a closely watched antitrust lawsuit between Las Vegas news rivals involving the enforceability of a Joint Operating Arrangement under the 1970 Newspaper Preservation Act – one of the last of its kind in the nation.
  • Representing TEGNA in class action alleging that TEGNA and other TV broadcasters conspired to increase prices for local TV advertising.
  • Represented McKesson against class action alleging conspiracy to restrain competition and artificially inflate prices of syringes and catheters. We won dismissal and the Seventh Circuit affirmed.
Antitrust and Competition Law

Antitrust and competition risks are major concerns for companies and individuals, especially given the current bi-partisan view that our economy needs more rigorous antitrust enforcement. Antitrust investigations and litigation threaten a company’s operations and its ability to achieve business goals. At Jenner & Block, we help our clients think two steps ahead.   

We bring sophisticated antitrust expertise that helps our clients solve complex business problems. Whether at trial, leading an investigation, or seeking agency clearance for a merger, our proactive approach focuses on minimizing risk and achieving favorable results.

We Know Antitrust Law Inside and Out 

Our team consists of lawyers who specialize in antitrust law and have prior experience enforcing the antitrust laws on behalf of the government. We combine our antitrust experience with a team of skilled litigators and investigative lawyers to offer the full scope of services needed to handle any matter. Known for our record of success in high-stakes litigation, clients have trusted us with high-profile, precedent-setting class actions, business to business private suits, and appeals.  

Prepared for High-Stakes and Complex Litigation 

In high-stakes and complex antitrust litigation, perspective is key. We build strategies based on experience representing both defendants and plaintiffs in numerous jury and bench trials. All of our team members have successfully litigated cases for the government. That experience is particularly helpful when helping clients navigate antitrust issues with the government.  

Clearing a Path for Transactions 

In transactions, we advise on Hart-Scott-Rodino Act compliance and help clear a path through antitrust challenges to get deals done. We are skilled at identifying and counseling clients on antitrust risks, including whether a transaction is reportable to the government and whether it requires a waiting period before closing. Where necessary, we bring experience and skilled advocacy to defending transactions before government agencies.

  • Represented ProMedica Health System, one of the largest health systems in the United States,  in a successful defense against allegations of an anticompetitive refusal to deal with rival health system, including a unanimous ruling by the Sixth Circuit Court of Appeals that the lower court erred in entering an injunction against our client mandating a judicially determined course of dealing with the plaintiff. 
  • Represented PLS.com as plaintiff in a challenge to the rules of incumbent listing network services that harm competition, including a unanimous ruling by the Ninth Circuit Court of Appeals that our client’s complaint plausibly alleged an unlawful group boycott. 
  • Representing Dartmouth College in a class action against allegations that it conspired with 16 other elite university to suppress the amount of financial aid awarded to undergraduate students.
  • Representing the Las Vegas Review-Journal and its owners in a closely watched antitrust lawsuit between Las Vegas news rivals involving the enforceability of a Joint Operating Arrangement under the 1970 Newspaper Preservation Act – one of the last of its kind in the nation.
  • Representing TEGNA in class action alleging that TEGNA and other TV broadcasters conspired to increase prices for local TV advertising.
  • Represented McKesson against class action alleging conspiracy to restrain competition and artificially inflate prices of syringes and catheters. We won dismissal and the Seventh Circuit affirmed.

Experience

  • Represented ProMedica Health System, one of the largest health systems in the United States,  in a successful defense against allegations of an anticompetitive refusal to deal with rival health system, including a unanimous ruling by the Sixth Circuit Court of Appeals that the lower court erred in entering an injunction against our client mandating a judicially determined course of dealing with the plaintiff. 
  • Represented PLS.com as plaintiff in a challenge to the rules of incumbent listing network services that harm competition, including a unanimous ruling by the Ninth Circuit Court of Appeals that our client’s complaint plausibly alleged an unlawful group boycott. 
  • Representing Dartmouth College in a class action against allegations that it conspired with 16 other elite university to suppress the amount of financial aid awarded to undergraduate students.
  • Representing the Las Vegas Review-Journal and its owners in a closely watched antitrust lawsuit between Las Vegas news rivals involving the enforceability of a Joint Operating Arrangement under the 1970 Newspaper Preservation Act – one of the last of its kind in the nation.
  • Representing TEGNA in class action alleging that TEGNA and other TV broadcasters conspired to increase prices for local TV advertising.
  • Represented McKesson against class action alleging conspiracy to restrain competition and artificially inflate prices of syringes and catheters. We won dismissal and the Seventh Circuit affirmed.

News and Insights