Antitrust & Competition

At Bass, Berry & Sims, our Antitrust & Competition Practice Group provides sophisticated counsel based on technical experience, industry knowledge and deep-rooted relationships with antitrust agencies. We routinely advise clients on all aspects of antitrust law including merger clearance, high-stakes litigation, complex government enforcement actions, criminal investigations, and day-to-day counseling. Led by a seasoned antitrust enforcer with extensive experience at both the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC), our team delivers strategic solutions on a wide range of antitrust issues.

Areas of Focus

Merger Clearance

Our team is experienced in guiding both public and private companies through the merger clearance process using a multi-disciplinary approach. Clients are confronted by a variety of antitrust issues throughout the life cycle of a deal, and our antitrust team works seamlessly with transactional lawyers to provide guidance on antitrust issues at all stages of the transaction. We help clients navigate the antitrust risks associated with all types of transactions including mergers, acquisitions and joint ventures, guiding those transactions through review by federal and international antitrust agencies. Our team has represented a wide range of clients, including Fortune 500 companies, private equity firms, and international firms, in transactions worth more than in recent years.

Litigation

We provide targeted guidance on antitrust litigation brought by both private plaintiffs as well as government enforcement agencies. Our comprehensive investigations and litigation team, combined with our e-discovery technology capabilities, allows us to provide efficient and cost-effective investigation and litigation services nationwide.

Antitrust Counseling

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. Through our counseling practice, we keep clients up to date on the rapidly changing antitrust landscape—helping clients to reduce their antitrust risk and thereby reducing the potential for costly litigation or investigations.

What Sets Us Apart

• Leader in Field: Practice chair Michael Dashefsky’s leadership brings unparalleled insight into antitrust enforcement worldwide, gained from managing landmark investigations and litigation at the highest levels of government and industry. Mike provides a 360-degree view to our practice. His experience includes securing approvals for multi-billion-dollar transactions and advising on critical issues impacting global businesses.
• Experience in Highly Regulated Industries: With deep knowledge in highly regulated industries, including financial services and healthcare, we offer tailored solutions addressing the unique challenges faced by clients in these sectors. Our firm has one of the five largest healthcare practices in the country, positioning us as a go-to antitrust practice in this industry.
• Global Reach, Local Knowledge: Through our affiliation with Lex Mundi, one of the world’s foremost networks of independent law firms, we offer seamless support for clients navigating complex cross-border antitrust matters with access to local counsel and resources in more than 125 countries.
• Legal Innovators: Bass, Berry & Sims leads in legal innovation, shaping the antitrust landscape through pioneering approaches and thought leadership. We are dedicated to advancing our clients’ business goals with strategic, cost-effective solutions and proactive advocacy on both domestic and international fronts.

Experience

• Tractor Supply Company Acquires Orscheln Farm and Home for $320 Million
  We represented Tractor Supply Company (Nasdaq: TSCO), the largest rural lifestyle retailer in the United States, in their agreement to...
• Antitrust Team Successfully Defends CargoSprint Against Competitor’s Allegations
  Members of the firm's antitrust team are defending CargoSprint LLC against an antitrust lawsuit brought by CargoSprint's competitor, PayCargo LLC,...
• Hibbett, Inc. Acquired by JD Sports Fashion for $1.1B
  We represented Hibbett, Inc. (Nasdaq:HIBB), an athletic-inspired fashion retailer, in its acquisition by JD Sports Fashion plc (LSE:JD), a leading...
• POINT Biopharma Announces Strategic Collaboration and License Agreement for Radiopharmaceutical Treatments
  We served as lead counsel to POINT Biopharma Global Inc. (NASDAQ: PNT), a biotechnology company that develops next-generation radioligand therapies...
• Williams Sausage Company Sold to Tyson Foods
  We represented Williams Sausage Company, a producer of fresh and fully cooked sausage, bacon, and sandwiches for retail and food...
• Tivity Health Sold to Stone Point Capital for $2 Billion
  We represented Tivity Health Inc. (Nasdaq: TVTY), a leading provider of healthy life-changing solutions, in their sale to Stone Point...
• Addus HomeCare Completes Four Acquisitions, Public Stock Offering
  We represented Addus HomeCare Corporation (NASDAQ: ADUS) in four strategic acquisitions in 2019, including the acquisition of Hospice Partners of...
• Serco Inc. Acquires Alion’s Naval Systems Business, a Leading Provider to the U.S. Navy and Internationally
  We represented Serco Inc. in its acquisition of Alion Science & Technology Corporation's Naval Systems Business Unit, including its Canadian...
• Avella Specialty Pharmacy Sold to OptumRx
  We provided healthcare regulatory and antitrust counsel to Avella Specialty Pharmacy (owned by Riordan, Lewis & Haden) in its sale...
• Pharmacy Benefit Management Acquisition
  We served as lead healthcare regulatory counsel, as well as provided antitrust, employee benefits and tax support, for a leading...
• CBS and NBC Successfully Defend Against College Athletes’ Class Action
  We represented CBS Broadcasting, Inc. and NBCUniversal, Inc. in an antitrust class action lawsuit filed in the United States District...
• Brookdale Senior Living Inc. and HCP, Inc. Acquire Private Pay Senior Housing Portfolio
  We represented Brookdale Senior Living Inc. in its portfolio acquisition with HCP, Inc. of 35 private pay senior housing communities...
• Antitrust Investigation Involving Major Auto Manufacturer
  We are currently serving as counsel for a major auto manufacturer in a complex auto parts antitrust investigation.
• Implementation of an Antitrust Compliance Program
  We designed and are implementing an antitrust compliance program and related training for a leading distributor of automotive replacement parts...
• WellCare Health Plans Acquires Windsor Health Group
  We served as lead transactional and regulatory counsel to WellCare Health Plans, Inc. in its acquisition of Windsor Health Group,...

Professionals