Bass, Berry & Sims | Practices | Antitrust and Trade Practices

Practices Matters Attorneys Newsletters	Antitrust and Trade Practices Our Antitrust and Trade Practices Group offers a full range of services, including counseling, litigation, Hart-Scott-Rodino compliance, internal investigations and designing and implementing compliance programs. Our clients represent a variety of industries, some of which are telecommunications, financial services, healthcare, dairy, manufacturing and distribution, chemical, natural gas, copper tubing, wireless, petroleum, pharmaceutical, tobacco, entertainment, beauty products, vitamins, insurance and crushed stone. Bass, Berry & Sims recently sponsored a roundtable discussion on “Minimizing Antitrust Risk: Perspectives on Compliance Programs.” Among the participants was Dale Grimes, a Member of the firm and leader of the Antitrust and Trade Practices Group. Click here to read a transcript of the session. Litigation Lawsuits and investigations are not always avoidable despite the best counsel and efforts of the client. Whether the matter is a two-party dispute or a complex multi-district action, our experience and expertise developed though litigating a variety of antitrust and trade practice matters allows us to vigorously prosecute or defend our clients' interests. We have represented both public and private companies in mediations, arbitration and state and federal courts. We understand the stress that a lawsuit or investigation brings to any business. Accordingly, our goal is to achieve a resolution beneficial to the client as expeditiously as possible, while minimizing expense and disruption to the client's operations. Below is a representative list of antitrust and trade practices matters that we have litigated. Defense of tobacco company in federal price discrimination action resulting in jury verdict for client. Defense, through jury trial, of federal court monopolization class action claims against major telecommunications company. Defense, through jury trial and appeals, of appliance manufacturer against allegations of anticompetitive distribution practices. Defense of pharmaceutical manufacturers in class actions under state antitrust and consumer protection laws. Defense of local exchange telephone companies in federal and state antitrust and consumer protection class actions. Conducted internal investigation regarding antitrust matters. Defense of waste management company in class action alleging monopolization and attempted monopolization under state antitrust and consumer protection laws resulting in summary judgment for client that was upheld on appeal. Defense of dairy industry participant in class actions alleging monopsonization and price collusion. Defense of state attorney general antitrust investigation of price fixing and group boycott among health care providers. Representation of hospitals in staff privileges litigation under antitrust law. Representation of various clients in attempted monopolization litigation including physician group, crushed stone seller, and process patentee. Representation of clients in the automotive paint, flat glass, synthetic textile fiber, travel, healthcare, wholesale drug distribution, workers' compensation insurance, beauty product, wireless, natural gas, copper tubing, investment reporting, chemical, financial services and recording industries in federal and state antitrust and consumer fraud cases, may of which were class actions. Representation of airport shuttle operator on claim of market division in violation of antitrust law. Successful representation of client in business combination through second request from Federal Trade Commission. Counseling We provide counsel to assist our clients in maintaining their business operations in compliance with antitrust and trade practice laws. As counselors, we view ourselves as our clients' partners, seeking to add value to their businesses by helping to prevent the expense and disruption of lawsuits and investigations. Lawyers within this group learn the client's business and industry to ensure that counseling is comprehensive and effective. Our attorneys regularly work with federal and state antitrust enforcement agencies and are familiar with these agencies' enforcement policies and guidelines. Our knowledge of our clients' business operations and familiarity with state and federal agencies' enforcement polices and guidelines enables us to design practical compliance programs that serve as the starting point to ensure that our clients understand their obligations under the antitrust and trade practice laws. We provide our guidance with the distinct understanding that preventing antitrust and trade practice lawsuits and government investigations is a priority for our clients. We also counsel and assist our clients with the development and implementation of antitrust compliance programs. An effective antitrust compliance program will both detect actual antitrust violations at an early stage and deter potential antitrust violations. We believe that it is important to understand each client's business so that we can design an antitrust compliance program that meets each client's unique antitrust risk profile. In addition, an effective antitrust compliance program includes antitrust training for appropriate company personnel, and we regularly conduct such training for clients. We also counsel our clients on compliance with the pre-merger notification requirements of the Hart-Scott-Rodino Act. If a client entering into a merger, acquisition, or other significant transaction is required by the Hart-Scott-Rodino Act to notify the Federal Trade Commission and the Antitrust Division of the Department of Justice of the contemplated transaction, our group is at our client's side through the entire process, spearheadiong the compilation and filing of the information required for compliance with the Hart-Scott-Rodino Act to interfacing as needed with the FTC and the DOJ on behalf of our client. < back

Antitrust and Trade Practices

Our Antitrust and Trade Practices Group offers a full range of services, including counseling, litigation, Hart-Scott-Rodino compliance, internal investigations and designing and implementing compliance programs. Our clients represent a variety of industries, some of which are telecommunications, financial services, healthcare, dairy, manufacturing and distribution, chemical, natural gas, copper tubing, wireless, petroleum, pharmaceutical, tobacco, entertainment, beauty products, vitamins, insurance and crushed stone.

Bass, Berry & Sims recently sponsored a roundtable discussion on “Minimizing Antitrust Risk: Perspectives on Compliance Programs.” Among the participants was Dale Grimes, a Member of the firm and leader of the Antitrust and Trade Practices Group. Click here to read a transcript of the session.

Litigation

Lawsuits and investigations are not always avoidable despite the best counsel and efforts of the client. Whether the matter is a two-party dispute or a complex multi-district action, our experience and expertise developed though litigating a variety of antitrust and trade practice matters allows us to vigorously prosecute or defend our clients' interests. We have represented both public and private companies in mediations, arbitration and state and federal courts. We understand the stress that a lawsuit or investigation brings to any business. Accordingly, our goal is to achieve a resolution beneficial to the client as expeditiously as possible, while minimizing expense and disruption to the client's operations.

Below is a representative list of antitrust and trade practices matters that we have litigated.

Defense of tobacco company in federal price discrimination action resulting in jury verdict for client.
Defense, through jury trial, of federal court monopolization class action claims against major telecommunications company.
Defense, through jury trial and appeals, of appliance manufacturer against allegations of anticompetitive distribution practices.
Defense of pharmaceutical manufacturers in class actions under state antitrust and consumer protection laws.
Defense of local exchange telephone companies in federal and state antitrust and consumer protection class actions.
Conducted internal investigation regarding antitrust matters.
Defense of waste management company in class action alleging monopolization and attempted monopolization under state antitrust and consumer protection laws resulting in summary judgment for client that was upheld on appeal.
Defense of dairy industry participant in class actions alleging monopsonization and price collusion.
Defense of state attorney general antitrust investigation of price fixing and group boycott among health care providers.
Representation of hospitals in staff privileges litigation under antitrust law.
Representation of various clients in attempted monopolization litigation including physician group, crushed stone seller, and process patentee.
Representation of clients in the automotive paint, flat glass, synthetic textile fiber, travel, healthcare, wholesale drug distribution, workers' compensation insurance, beauty product, wireless, natural gas, copper tubing, investment reporting, chemical, financial services and recording industries in federal and state antitrust and consumer fraud cases, may of which were class actions.
Representation of airport shuttle operator on claim of market division in violation of antitrust law.
Successful representation of client in business combination through second request from Federal Trade Commission.

Counseling

We provide counsel to assist our clients in maintaining their business operations in compliance with antitrust and trade practice laws. As counselors, we view ourselves as our clients' partners, seeking to add value to their businesses by helping to prevent the expense and disruption of lawsuits and investigations. Lawyers within this group learn the client's business and industry to ensure that counseling is comprehensive and effective. Our attorneys regularly work with federal and state antitrust enforcement agencies and are familiar with these agencies' enforcement policies and guidelines. Our knowledge of our clients' business operations and familiarity with state and federal agencies' enforcement polices and guidelines enables us to design practical compliance programs that serve as the starting point to ensure that our clients understand their obligations under the antitrust and trade practice laws. We provide our guidance with the distinct understanding that preventing antitrust and trade practice lawsuits and government investigations is a priority for our clients.

We also counsel and assist our clients with the development and implementation of antitrust compliance programs. An effective antitrust compliance program will both detect actual antitrust violations at an early stage and deter potential antitrust violations. We believe that it is important to understand each client's business so that we can design an antitrust compliance program that meets each client's unique antitrust risk profile. In addition, an effective antitrust compliance program includes antitrust training for appropriate company personnel, and we regularly conduct such training for clients.

We also counsel our clients on compliance with the pre-merger notification requirements of the Hart-Scott-Rodino Act. If a client entering into a merger, acquisition, or other significant transaction is required by the Hart-Scott-Rodino Act to notify the Federal Trade Commission and the Antitrust Division of the Department of Justice of the contemplated transaction, our group is at our client's side through the entire process, spearheadiong the compilation and filing of the information required for compliance with the Hart-Scott-Rodino Act to interfacing as needed with the FTC and the DOJ on behalf of our client.

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