Antitrust & Trade Practices
Bass, Berry & Sims’ Antitrust Practice Group provides sophisticated, efficient, business-oriented, client-focused advice and advocacy related to compliance with and enforcement of antitrust laws. We understand and help clients navigate the antitrust risks associated with mergers, acquisitions, and formation of joint ventures, and guide those transactions through review by federal antitrust agencies. Clients depend on us to analyze the antitrust risks of proposed transactions and find solutions for avoiding or minimizing those risks.
In addition, we guide clients on complying with antitrust laws in day-to-day business activities such as contracting, distribution, pricing, and involvement in trade associations, as well as designing and implementing effective antitrust compliance programs.
We have a special focus on the healthcare industry. With our base in Nashville, the nation’s healthcare capital, we have connections throughout the many aspects of this industry sector. As the uncertainties of change and consolidation continue to affect the industry, healthcare clients depend on our team’s antitrust experience as they navigate this difficult environment. In addition to healthcare, our team serves clients in a wide range of industries from automotive to chemicals, from financial services to food services and retail to manufacturing.
We strive to help our clients prevent the expense and disruption of lawsuits and investigations, but if unavoidable, we critically evaluate the risks and rewards of possible litigation outcomes and vigorously advocate on behalf of our client’s interests with the goal of attaining a beneficial resolution as expeditiously as possible. Our attorneys are recognized leaders in the field, are regularly listed in Best Lawyers in America®, and serve in leadership positions in antitrust sections of the American Bar Association, the American Health Law Association and Lex Mundi Global Network.
Our approach to client-based solutions is multi-disciplinary. Clients are confronted by a host of antitrust issues throughout the life cycle of a deal, and the antitrust team works seamlessly with the transactional lawyers to provide guidance on antitrust issues relevant to their proposed transaction structures. Our robust investigations and litigation team, combined with our e-discovery technology capabilities, allows us to provide efficient and cost-effective investigation and litigation services throughout the U.S. As more commerce occurs across international borders, we have ready access to local counsel and resources in more than 100 countries, through our networks and in association with Lex Mundi, one of the world’s leading associations of independent law firms.
Experience
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Representation of Tivity Health Inc. (Nasdaq: TVTY), a leading provider of healthy life-changing solutions, in its sale to Stone Point Capital, an investment firm based in Greenwich, Connecticut, with over $40 billion of assets under management. Tivity Health stockholders received $32.50 in cash per share, representing a total transaction value of $2.0 billion. Tivity Health’s common stock ceased trading and will no longer be listed on Nasdaq.
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Representing CargoSprint LLC in defending against an antitrust lawsuit brought by CargoSprint’s competitor, PayCargo LLC
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Represented Addus HomeCare Corporation (Nasdaq: ADUS) in four strategic acquisitions and in its underwritten public offering of 2.3 million shares of common stock in 2019.
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Represented Serco Inc. in its definitive Asset Purchase Agreement to acquire Alion Science & Technology Corporation’s Naval Systems Business Unit, including its Canadian business and a small number of related contract operations, for $225 million. The acquisition, subject to regulatory approvals, is expected to close in the second half of 2019. Serco Inc., a provider of professional, technology, and management services, will strengthen its presence in naval support with this acquisition, and will become a stronger integrated maritime solutions provider for the U.S Navy and other customers.
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Represented a leading provider of 340B Drug Pricing Program services in its acquisition by a prescription benefit management subsidiary of a leading pharmacy healthcare provider
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Represented CBS Broadcasting, Inc. and NBCUniversal, Inc. in an antitrust class action lawsuit filed on behalf of current and former college athletes, resulting in the federal court granting our clients’ motion to dismiss
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Represented Brookdale Senior Living Inc. (NYSE: BKD) in its portfolio acquisition with HCP, Inc. of a 35 private pay senior housing communities for $847 million
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Currently serving as counsel for a major auto manufacturer in a complex auto parts antitrust investigation
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Designed and helped implement an antitrust compliance program and related training for a leading distributor of automotive replacement parts and accessories
Professionals
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
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Chambers USA
"Top-notch firm with an outstanding reputation for its wide-ranging civil litigation expertise. Well equipped to handle disputes in highly regulated industries, with notable strengths in financial services and healthcare cases. Demonstrates wider strengths in corporate disputes, including securities class and derivative actions, IP claims and privacy disputes. Also active in bankruptcy-related litigation. 'Bass, Berry & Sims has the depth of resources and a professional team capable of handling the most complex legal matters.' 'I am impressed with every aspect of the team that services our case. The depth of the research, writing and oral argument is very impressive. I have worked with firms around the country and would put this group at the top.' 'The firm is highly responsive, results-oriented, and anticipates the needs of clients. The team has handled a number of complex matters on behalf of our organization and we have extreme confidence in their legal acumen.'"
From Chambers USA 2022
Benchmark Litigation
Bass, Berry & Sims named "Tennessee Firm of the Year" in 2022 by Benchmark Litigation