dcsimg Antitrust and Trade Regulation

Antitrust and Trade Regulation

Businesses should be able to use all available tools and strategies to compete. At McGuireWoods LLP, we look for creative, practical ways for clients to compete effectively with maximum flexibility and acceptable risk. We serve clients as business counselors, trial lawyers, and agency professionals throughout the world in virtually every significant area of antitrust and competition law, including:

  • Antitrust Audits and Compliance Programs
  • Antitrust Counseling
  • Antitrust Litigation and Government Investigations
  • Class Action Litigation
  • Debarment Proceedings
  • Grand Jury Investigations & Criminal Prosecutions
  • International Cartel Investigations
  • Mergers and Acquisitions
  • Private Treble Damage Litigation
  • State Aid within the EU

CONTACTS

Howard Feller Partner T: +1 804 775 4393
James H. Walsh Partner T: +1 804 775 4356
Amy B. Manning Partner T: +1 312 750 8904
Results 1-20 of 54
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

McGuireWoods defends price fixing MDL class action

Defense of polyurethane foam manufacturer in multidistrict (MDL) and class action antitrust litigation stemming from allegations of price-fixing and market allocation. Multinational litigation involving the competition laws of the U.S., Canada and multiple European countries, as well as the EC.
Representative Matter

Helped chemical company client secure a $45 million antitrust litigation win

Representation of plaintiff, a chemical company, in antitrust litigation that concluded in a $45 million settlement. In July 2010, the plaintiff filed an antitrust action against a competing chemical company relating to its sales in Iraq and Indonesia of tetraethyl lead (TEL), an octane-boosting fuel additive used in connection with the production of gasoline for motor vehicles.
Representative Matter

Obtained total dismissal of claims against health care plan

Representation of a health care plan that was sued by The American Chiropractic Association, the Virginia Chiropractic Association and several chiropractors. The plaintiffs alleged a conspiracy in violation of the federal and state antitrust laws, attempted monopolization, a RICO violation, tortious interference, a common law conspiracy, breach of contract, and violation of state law. Obtained a total dismissal of all of the plaintiffs' claims through a summary judgment motion, which subsequently was affirmed by the Fourth Circuit.
Representative Matter

Defeated summary judgment in a civil antitrust lawsuit alleging illegal tying, bundling, and exclusive dealing

Representation of an ambulatory surgery center in civil litigation in which it alleged the defendant hospital used anticompetitive tying and bundling to secure an exclusive contract from the area's largest employer self-funded health plan.  The case settled after the antitrust claims survived the defendant hospital's motion for summary judgment.
Representative Matter

Defended client in criminal price fixing investigation by the DOJ and follow-on civil litigation.

Representation of a domestic ocean container shipping company in a criminal investigation by the Antitrust Division of the U.S. Department of Justice of price-fixing of ocean transportation rates  and defense of related treble-damage actions brought by customers seeking to recover damages as a result of the alleged conspiracy.
Representative Matter

Guided clients through the global merger control regime maze

Counsel on various transactions subject to the EU Merger Regulation, including phase one and two clearances subject to remedies. Sectors include construction machinery, agricultural machinery, process machinery, transport, healthcare, electronic equipment and chemicals. Counsel on various transactions reviewed under the UK merger control and public interest rules, including phase one and two clearances subject to remedies. Sectors include process machinery, transport, chemicals, defence and retail. Counsel on a large number of multi-jurisdictional merger control matters on a worldwide basis, including obtaining clearances subject to remedies.
Representative Matter

Defended client against price fixing MDL class actions and criminal investigation

Representation of a large maker of towels, tissues, napkins, and other paper products in over 40 civil class action antitrust suits alleging price fixing in the commercial tissue products market.  Our client was one of eight defendants.  The federal "direct purchaser" suits were consolidated into an MDL proceeding in Florida.  There also were related state indirect purchaser suits filed in California, Tennessee, Wisconsin and Minnesota.
Case Study

Houston office receives favorable ruling from 5th Circuit clearing BP Traders of propane antitrust plot

McGuireWoods recently received a favorable ruling from the 5th Circuit affirming the dismissal of a criminal case accusing four ex-BP Products North America Inc. commodities traders of conspiring to manipulate the U.S. propane market. This case was only the second attempted criminal prosecution for manipulation in the long history of the Commodities Exchange Act.

Representative Matter

Vigorously defending clients if litigation emerges from cartel investigations or key competition laws

Counsel in relation to European Commission and UK Office of Fair Trading cartel investigations, including dealing with leniency and the EU settlement procedure. Sectors include insurance, general manufacturing, electronic equipment and transport.
Representative Matter

Ferry services company

Representation of a ferry services company in state aid proceedings before the EU Commission. The client is an alleged beneficiary of illegal and incompatible aid granted by the Sardinia region in Italy. The allegation is that the client has been overcompensated for ferry services between Sardinia and small islands around it. The risk is that the client will be ordered to repay the aid (plus interest).
Representative Matter

Company in the construction industry

Successfully defended a company in the construction industry in a criminal antitrust investigation conducted by the U.S. Department of Justice in Dallas. The firm persuaded the DOJ to close the grand jury investigation without bringing any charges against our client.
Representative Matter

Leading US ocean shipping and integrated logistics company

Obtained dismissal of class action claims against two shipping companies in multidistrict litigation alleging our clients colluded to increase fuel surcharges and allocate customers on containerized cargo shipments to Hawaii and Guam.
Representative Matter

Major carrier of liquid chemicals

Represented a chemical tanker company in a class arbitration in which the U.S. Supreme Court ruled in favor of our client on whether it is consistent with the Federal Arbitration Act (FAA) to impose class arbitration where an arbitration clause is silent on class treatment.
Representative Matter

Defended client in criminal investigation and civil cases alleging global collusion

Representation of a carrier of liquid chemicals in parcel tanker vessels in international cartel investigation and related treble damage actions alleging price fixing and bid rigging.
Representative Matter

Consumer electronics retailer

Defeated motion to certify a putative class of independent music retailers asserting price discrimination claims under the Robinson-Patman Act as well as below-cost pricing claims under California law.  
Representative Matter

Specialty retailer of consumer electronics

Represented a specialty retailer of consumer electronics in this class action antitrust litigation in federal court in Maine. The plaintiffs alleged that the music distributors imposed an unlawful MAP program on retailers.
Representative Matter

Airline

Acted on an appeal to the European General Court by an airline in relation to alleged aid granted to it by an EU government.
Representative Matter

Chinese manufacturer and seller of fasteners

Representation of Chinese manufacturer and seller of fasteners in appeal against the judgement of the General Court of the European Union concerning definitive anti-dumping measures on imports of carbon steel fasteners from China.
Representative Matter

Client

Regularly counsel clients regarding Medicare and Medicaid Anti-Kickback issues, Medicare coverage and payment issues, and HIPAA issues raised by the storage, receipt or transmission of patient health information.
Representative Matter

Corporation

Represented a corporation that failed to make required HSR notifications and resolved the issue without any civil penalty or fine.
Results 1-20 of 54
Results 1-25 of 35
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Tammy L Adkins Tammy L. Adkins
Counsel
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 5727
F: +1 312 920 6193
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Vassilis Akritidis
Partner
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 53
F: +32 2 629 42 22
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Yongqing Bao
Associate
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 24
F: +32 2 629 42 22
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Michael Bolos Michael F. Bolos
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8883
F: +1 312 920 6156
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Kristen M Calleja Kristen M. Calleja
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1374
F: +1 804 698 2264
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Pol Cools Pol Cools
Associate
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 16
F: +32 2 629 42 22
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Joshua D Davey Joshua D. Davey
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2167
F: +1 704 805 5019
vCard
Michael F Easley Jr. Michael F. Easley Jr.
Associate
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 755 6696
F: +1 919 755 6583
vCard
Jason D Evans Jason D. Evans
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2050
F: +1 704 444 8774
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Howard Feller Howard Feller
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4393
F: +1 804 698 2051
vCard
Matthew D Fender Matthew D. Fender
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1076
F: +1 804 698 2209
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Samantha C. Gordon
Attorney
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 2769
F: +1 312 920 6182
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Matthew Hall Matthew Hall
Partner
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 34
F: +32 2 629 42 22
vCard
Jeremiah A Jenkins Jeremiah A. Jenkins
Attorney
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2258
F: +1 704 444 8724
vCard
J. Brent Justus J. Brent Justus
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1018
F: +1 804 698 2026
vCard
Henry L Kitchin Jr. Henry L. Kitchin Jr.
Partner
300 North Third Street
Suite 320
Wilmington, NC 28401-4099

T: +1 910 254 3822
F: +1 910 254 3900
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Robert W Loftin Robert W. Loftin
Senior Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4715
F: +1 804 698 2177
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Casey Lucier Casey Erin Lucier
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 7695
F: +1 804 698 2153
vCard
Bethany Gayle Lukitsch Bethany Gayle Lukitsch
Senior Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4711
F: +1 804 698 2261
vCard
Amy B Manning Amy B. Manning
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8904
F: +1 312 558 4386
vCard
Bill Mayberry Bill Mayberry
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2024
F: +1 704 444 8751
vCard
Yves Melin Yves Melin
Partner
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 26
F: +32 2 629 42 22
vCard
Tracy Evans Moyer Tracy Evans Moyer
Counsel
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8276
F: +1 310 956 3176
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Providence Napoleon Providence E. Napoleon
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1284
F: +1 804 698 2127
vCard
H. Wayne Phears H. Wayne Phears
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5718
F: +1 404 443 5770
vCard
Results 1-20 of 31
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Speaking Engagement

Europe v. U.S. Food, Drug, Device & Tobacco Regulation & Policy

Emerging Issues and Comparative Analysis

Friday, November 14, 2014
Brussels
Belgium
Speaking Engagement

Safeguarding the Right to Data Protection in the EU

The role of the national and European courts

Thursday, October 30, 2014
Paris
France
Speaking Engagement

Antitrust Regulation in Russia

Private litigations

October 13, 2014
Brussels
Belgium
Speaking Engagement

Post-Annual Leadership Training

Developments in Civil Litigation in the EU

August 14, 2014
Speaking Engagement

Summer Course on EU and WTO Trade Law

In the Spotlight: The EU, US and China – Overview of Chinese subsidy schemes countervailed by the EU

July 7-10, 2014
Trier
Federal Repu
Speaking Engagement

European Institute for Asian Studies Training Programme

Strengthening knowledge and understanding of trade remedy measures and the EU’s competition policy and related issues

June 24, 2014
Brussels
Belgium
Speaking Engagement

Global E-commerce Summit 2014 Pre-Conference: e-Regulations & e-Privacy

June 16-18, 2014
Barcelona
Spain
Speaking Engagement

4th EPDP 2014: European Data Protection Days

May 12-13, 2014
Berlin
Federal Repu
Speaking Engagement

IT Security - How Exposed are we to the Cyber Threat?

A seminar for Professional Service Providers

April 24, 2014
Brussels
Belgium
Speaking Engagement

Annual Conference on Data Protection in the EU 2014

April 7 - 8, 2014
Brussels
Belgium
Event

8 Key Trends in Healthcare False Claims and Antitrust Litigation

March 12, 2014
Complimentary Teleconference
Event

Community Hospital Transactions and Affiliations

Antitrust Implications of Hospital Transactions – Maximizing Chances of Success and Minimizing Antitrust Risks

December 11, 2013
Complimentary Webinar Series
Speaking Engagement

Essentials for Doing Business in Europe

October 30, 2013
Cary, NC
Speaking Engagement

American Bar Association, Section of Antitrust Law Webinar

International Committee Town Hall Meeting

October 25, 2013
Speaking Engagement

ERA Annual Conference on EU Trade Law 2013

October 1, 2013
Brussels
Belgium
Speaking Engagement

PLI Antitrust Institute 2013: Developments and Hot Topics

Dealing with Enforcement Issues and Opportunities

June 11, 2013
Chicago, IL
Results 1-20 of 31
Results 1-20 of 186
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Article

Arrêt "Google Spain"

l'étendue du droit à l'oubli

Journal de droit européen
October 2014
Paul Van den Bulck, n° 211, p289-290
Article

Courts vs. Arbitrators

Who Decides the Availability of Class Procedures in Arbitration?

Business Torts & RICO News
Fall 2014
Sarah A. Zielinski, American Bar Association, Section of Antitrust Law, Business Torts & Civil RICO Committee
Legal Alert

October Antitrust Bulletin

October 7, 2014
Legal Alert

September Antitrust Bulletin

September 16, 2014
Legal Alert

August Antitrust Bulletin

August 19, 2014
Legal Alert

July Antitrust Bulletin

July 18, 2014
Article

Protective Orders in Trade Defence Investigations

Global Trade and Customs Journal
June 2014
Legal Alert

June Antitrust Bulletin

June 19, 2014
Article

To Whom Are You Announcing? EU Authorities Focus on Price Signaling

"Hot Topics" in International Law
May 2014
Matthew Hall, American Bar Association, Section of International Law, International Antitrust Law Committee
Results 1-20 of 186