Antitrust and Unfair Competition

McKenna Long & Aldridge attorneys, experienced in antitrust and unfair competition, provide a natural complement to our highly regarded practices in litigation, intellectual property, corporate law, governmental affairs, regulatory matters, and white collar defense.  MLA provides counseling and litigation services wherever the business of our clients is threatened.  As a result, our diverse experience ranges from startups to multinational conglomerates, and from “bet-the-company” cases to compliance programs that guard against litigation in the first place.

Compliance and Ethics Programs

By helping clients gain a competitive edge with antitrust risk minimization and litigation avoidance, our compliance and ethics program serves as a lasting investment that allows companies to grow revenue while minimizing the high costs associated with criminal prosecution and treble-damages civil actions.  Working closely with executives and in-house counsel, we tailor compliance and ethics programs to address specific business practices and identify the boundaries of legal and ethical behavior.   

Strategic Counseling

Publicly- and privately-held companies continue to turn to MLA for practical solutions and strategic counsel on transactions, agreements, and other issues that impact their ability to compete.  Our antitrust counseling covers a broad range of subject matters, including price fixing, monopolization, attempted monopoly, vertical restraints, price discrimination, market allocation, tying arrangements, exclusive dealing, resale price maintenance, predatory pricing, territorial restraints, as well as concerted refusals to deal.  

Litigation

MLA represents plaintiffs and defendants nationwide in complex litigation as well as in foreign jurisdictions and before the International Trade Commission.   In matters both large and small, we have experience deploying coordinated litigation teams on a cost-effective basis

Intellectual Property

Handling thousands of patent, trademark, and copyright matters worldwide, MLA has extensive experience in all facets of IP acquisition and licensing, as well as in complex interrelationship between the Patent Act and the Sherman Antitrust Act. 

Mergers and Acquisitions

We serve the antitrust needs of parties to mergers, acquisitions, and joint ventures—advising them with respect to analysis under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, and the pre-merger notification filings with the Federal Trade Commission and Department of Justice.  Of special note is MLA’s popular Mergers & Acquisitions Quick Reference Guide which was originally published in 2006 and is regularly updated.

Governmental Affairs and Investigations

Ranked as a top ten lobbying firm by Legal Times, MLA customizes public sector strategies to resolve clients’ issues.  We efficiently and discreetly represent companies and individuals in governmental investigations involving state, federal, and foreign authorities.  Our success is built upon our extensive criminal law expertise of our white collar practice, which includes former U.S. and assistant U.S. attorneys and also the former Chief of the Fraud Section in the Criminal Division of the Department of Justice.  Knowing that criminal investigations and prosecutions are often accompanied by civil litigation, our effective interdisciplinary approach allows us to successfully represent clients in parallel civil and criminal matters.

International

With distinctive global experience, we provide a “one-stop shop” for advice and representation concerning EC competition law, including merger control, cartel investigations, restrictive agreements, and abusive conduct.  We help companies conduct international investigations under the Foreign Corrupt Practices Act, and our Global Patent Litigation Team handles cases on a worldwide basis—including disputes involving antitrust and unfair completion.  Moreover, we counsel clients on the use of trademarks and copyrights to prevent unauthorized “gray market” imports.

Unfair Competition

MLA routinely and effectively handles claims for unfair competition, including litigation concerning deceptive and unfair trade practices, covenants not to compete, trade secrets, business torts, and trade practices.