MANUFACTURING, DISTRIBUTION, AND FRANCHISING ANTITRUST
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CONTACT
- Ed Harvey
- 314 552 6049 314 552 6049 direct | Email
- Nicole Williams
- 972 629 7113 972 629 7113 direct | Email
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SERVICE AREAS
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RELATED PRACTICES
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RELATED INDUSTRIES
We advise clients on competition issues throughout the supply chain and help them implement antitrust compliance programs. We help clients navigate antitrust limitations on their supply chain, regardless of the level at which the clients operate. We also assist clients and advise them with respect to purchase and supply agreements, distribution, dealerships, franchises, advertising, packaging and labeling, marketing and advertising, group purchasing organizations, trade associations, and the use of sweepstakes and contests, including responding to inquiries from the FTC, DOJ, or National Advertising Division and complaints from competitors or consumers.
Our antitrust lawyers represent clients before state and federal government enforcement agencies, as well as private party litigation involving a multitude of antitrust issues arising from distribution and franchising. We have defended clients facing allegations of exclusive dealing, tying, resale price maintenance, price fixing, monopolization, monopoly leveraging, conspiracy to monopolize, and attempted monopolization. For example, we successfully defended an FTC investigation of a client that was accused of monopolizing a market by using exclusive distribution agreements. We convinced the FTC staff attorneys that our client’s large national market share was the result of providing superior products and service. We have defended numerous Sherman Act Section 1 and 2 challenges to dealer agreements, as well as claims that distribution arrangements violate state laws.
We also have defended clients facing enforcement agency allegations involving packaging and labeling, trade regulations, resale customs regulations, intellectual property concerns, dealer termination, and refusal to deal issues. And when our clients have been impacted by anticompetitive conduct from competing manufacturers or distributors, we have advised regarding available remedies, including bringing legal action.
In addition, many states have enacted “franchise protection acts” that broadly define “franchisors” to arguably include a wide spectrum of distribution/dealer relationships that most distributors would never consider to be “franchise” in nature. We represent distributors and “traditional” franchisors in dealer termination matters and other claims brought by dealers, franchisees, or competing franchisors.
Publications
HSR filers: Close at your own risk as FTC is overwhelmed by "tidal wave of merger filings"
You just received a grand jury subpoena. Now what?
Federal agencies announce expedited antitrust procedures for COVID-19 public health efforts
Out with the old, in with the NAPSC: FTC announces changes to HSR Revenue Reporting
TCLE
Blog Posts
Has consolidation made egg and poultry industry ripe for the plucking?
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Counsel
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Dallas
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John is a commercial litigator who focuses on provider-side health care matters and all types of insurance coverage and indemnity litigation and counseling. John is a commercial litigator who focuses on provider-side health care mat... |
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Senior Counsel
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Washington, D.C.
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Jonathan's practice is focused on regulatory and litigation issues that affect domestic and international maritime and shipping matters, as well as international trade re... Jonathan's practice is focused on regulatory and litigation issues that aff... |
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Associate
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Dallas
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Alfred represents clients in all phases of state and federal litigation and helps develop litigation strategies to resolve disputes in a timely and effective manner. Alfred represents clients in all phases of state and federal litigation and... |
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Associate
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St. Louis
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Libby assists clients with a wide variety of business litigation matters. Libby assists clients with a wide variety of business litigation matters. |
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Counsel
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Washington, D.C.
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Christine advocates for clients in disputes against the federal government — in fraud investigations, challenging federal regulations, and administrative proceedings — an... Christine advocates for clients in disputes against the federal government ... |
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Partner
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St. Louis
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Matt serves as co-chair of our insurance practice group, guiding policyholders, insurers and insurance professionals on everything from policy placement through the litig... Matt serves as co-chair of our insurance practice group, guiding policyhold... |
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Partner
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Washington, D.C.
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Warren focuses on federal regulation of business, both domestic and international, and represents several of the nation's largest transportation and energy interests befo... Warren focuses on federal regulation of business, both domestic and interna... |
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Partner
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St. Louis
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Nathan is committed to helping his clients protect some of their most valuable assets whether it be through intellectual property counseling or in litigation. Nathan is committed to helping his clients protect some of their most valua... |
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Associate
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St. Louis
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Tom represents clients in complex commercial litigation including class actions, contract disputes, business torts, financial service matters, and antitrust issues. Tom represents clients in complex commercial litigation including class act... |
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Partner
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St. Louis
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Ron has advised middle market clients on privately negotiated acquisitions and dispositions of all kinds of businesses for over 35 years. Ron has advised middle market clients on privately negotiated acquisitions ... |
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Partner
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St. Louis
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Ed is a veteran litigator and head of the Firm's Antitrust Practice Group. Ed is a veteran litigator and head of the Firm's Antitrust Practice Group. |
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Partner
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St. Louis
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Dave represents and advises a host of major corporations in class action defense, complex business disputes, and state and local tax (SALT) controversy. Dave represents and advises a host of major corporations in class action de... |
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Partner
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St. Louis
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Alan represents clients in all aspects of intellectual property litigation, with a strong emphasis on patent litigation at both the trial and appellate court levels, and ... Alan represents clients in all aspects of intellectual property litigation,... |
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Partner
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St. Louis
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Greg counsels entrepreneurs, investment advisors and major institutional investors on a wide range of securities offerings and transactions while providing comprehensive ... Greg counsels entrepreneurs, investment advisors and major institutional in... |
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Partner
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St. Louis
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Sharon develops and executes highly effective class action defense strategies for major companies across a variety of sectors, including transportation, telecommunication... Sharon develops and executes highly effective class action defense strategi... |
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Partner
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Dallas
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Mackenzie is an experienced trial attorney who represents health care entities and other businesses and directors in high-stakes litigation matters. Mackenzie is an experienced trial attorney who represents health care entit... |
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Partner
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Dallas
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Nicole is a highly experienced trial lawyer who represents clients in matters involving antitrust, advertising, fraud investigations and litigation, RICO and class action... Nicole is a highly experienced trial lawyer who represents clients in matte... |
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