To assist you in navigating complex commercial issues, Woods Rogers’ Antitrust & Trade Regulation Group offers antitrust counseling and litigation experience for clients in a wide variety of competitive contexts.
Industries—It is crucial that your antitrust attorney understand the complexities of your business. Attorneys in the Antitrust & Trade Regulation Group have a breadth of experience to build on having advised clients in the following industries and sectors:
- Higher Education
- Health Law—including hospitals, physician practices, individual physician issues
- Health Networks—including IPAs/PHOs
- Human Resources and Staffing
- Manufacturing and Automation Systems—including industrial electric, steel manufacturing and sales, soft drink bottling, tire and rubber
- Media and Communications—including advertising, newspaper, and television
- Real Estate
Counseling—Antitrust & Trade Regulation Group attorneys have provided clients advice and counsel on competitive issues in numerous areas including:
- Pricing and advertising allowance practices
- Price discrimination
- Distribution concerns
- Mergers, acquisitions and joint ventures
- Pre-merger notification filings under the Hart-Scott-Rodino Act
- Relations with competitors, customers, distributors and suppliers
- Trade Association activities
- Federal and state antitrust enforcement policies
- Antitrust in high-technology areas, such as patents, copyrights and trademarks
- Antitrust audits and compliance programs, including written policies and director/employee training programs
- Antitrust concerns in the Human Relations area
- Patents/Trademark competitive issues
- Coordination with international antitrust requirements
- Interlocking directorate issues
Implementation of internal audits and compliance programs by our antitrust professionals are a cost-effective way of educating management, and critical employees in the antitrust laws and of training sales, purchasing and other personnel on frequently overlooked antitrust and trade regulation issues. Should trouble strike, government regulators give favorable consideration in the penalty phase if the target of an antitrust investigation has implemented an effective compliance program.
Litigation—Attorneys in the Antitrust & Trade Regulation Group have represented both small and large clients in litigation involving their own trade practices and those of their competitors, customers and suppliers. They have also represented individuals and companies in criminal and civil investigations, grand jury proceedings and lawsuits initiated by governmental entities, including the Antitrust Division of the U.S. Department of Justice, the Federal Trade Commission and the Virginia Attorney General’s Office. Attorneys in the Group have substantial experience in matters spanning the full spectrum of antitrust litigation including:
- Price fixing and predatory pricing
- Bid rigging
- Dealer termination
- Competitive information exchange
- Civil and criminal conspiracies to restrict trade
- Monopolization and attempted monopolization
- Price discrimination
- Trade association practices
- Mergers and acquisitions
Trade Regulation/Business Torts—Group members also assist clients in handling trade regulation matters which involve Virginia’s consumer protection laws, unfair competition, and business torts involving claims for misappropriation of trade secrets, tortious interference with contract and business expectancies, conversion and civil and business conspiracy. Virginia business conspiracy claims get particular attention because successful claims permit recovery of treble damages and attorneys’ fees. They often arise in corporate raiding contexts and can be bet-the-company litigation.
Providing Knowledgeable, Cost-Effective Service
In addition to substantive knowledge of the antitrust laws, attorneys in the Antitrust & Trade Regulation Group are very familiar with and maintain good relationships with the U.S. Attorney’s Office and the federal judiciary in western Virginia as well as throughout the Commonwealth of Virginia. That, of course, is critical whether we handle your matter as lead or local counsel.
We also are well versed in E-discovery which has become an important part of federal litigation practice, especially in document-intensive litigation such as antitrust litigation. We maintain good relationships with vendors who can assist in culling, reviewing, producing and hosting large document productions in a cost-effective manner.