Whether facing scrutiny over a paradigm-shifting merger or acquisition or challenged to defend itself in an antitrust investigation or litigation, a company cannot go it alone. Commanding the law and understanding the economics of business and antitrust call for expertise, judgment, and ingenuity, all borne from experience. Every day, clients call on O’Melveny’s widely respected Antitrust and Competition Practice to help them with these and other challenges:
- Executing transactions, including joint ventures and patent pools, that often require advocacy before the Department of Justice and the Federal Trade Commission, the European Commission, China’s State Administration for Market Regulation, and other federal and international antitrust agencies.
- Defending them in federal and state court, the EU, and before other investigative bodies.
- Representing them in cartel and abuse-of-dominance investigations in the EU and China.
O’Melveny has earned our clients’ loyalty. The firm’s credibility with courts and agencies is unmatched, and it has successfully handled the highest-profile, most challenging cases—even those thought to be “unwinnable”—under tight deadlines and facing skilled opposition.
O’Melveny has guided countless transactions through regulatory review. Our strong relationships with the DOJ, FTC, SAMR, and EC facilitate effective communication throughout the process and help us anticipate regulators’ concerns. We have the expertise to negotiate favorable settlements, remedies, and commitments to advance our clients’ interests. With extensive technical knowledge, deep understanding of procedures, and long-term relationships with regulators and their mindset, we help steer clients through the premerger notification process and mitigate any review so that transactions move swiftly to closing.
Antitrust Counseling & Compliance
O’Melveny offers unmatched expertise on the nuances of antitrust law, including the Hart-Scott-Rodino Antitrust Improvement Acts, the Clayton Act, the Sherman Act, Articles 101 and 102 TFEU, other European competition laws, and China’s Anti-Monopoly Law. We design compliance programs and help our clients implement them, with a view toward minimizing risk across their operations.
We guide clients from beginning to end, from agency query to resolution, and through appeal when necessary. We have represented clients before the EC, SAMR, and in the US, in some of the highest-profile cases of the decade.
Our litigators are famous for taking on—with great success—matters of first impression. Our trial skills are unmatched, but we do not rely solely on talent in the courtroom. We work closely with renowned economists and consultants to give every client the best defense. Through sophisticated strategy and tireless trial preparation, our firm has repeatedly defeated class-certification motions in antitrust cases around the country, and is one of the only firms that has defeated the Department of Justice in an antitrust trial (and we have done that twice). O’Melveny’s reputation as a formidable adversary often deters antitrust agencies from even bringing a complaint. And early and favorable resolution is in every client’s best interest.