The Biden Administration has made antitrust enforcement a priority.  The Department of Justice Antitrust Division and Federal Trade Commission are both actively and aggressively pursuing new matters, including on novel theories. In November 2022, the FTC issued a new Policy Statement that would expand the conduct that could be construed as a violation of Section 5 of the Federal Trade Commission Act.  State attorneys general and the plaintiffs’ bar are also aggressively searching for and filing new matters.  All companies should be focused on the risk of their personnel engaging in missteps or conduct that could be construed as raising antitrust issues.  The consequences of even being investigated for potential antitrust misconduct can be severe.

Moses Singer attorneys have considerable experience advising clients on compliance issues and strategies to minimize antitrust risk.  We work closely with clients to understand their industries and businesses and tailor their compliance programs to address the specific risks and dangers they face. In the antitrust litigation area, Moses Singer attorneys have experience defending both companies and individuals in government investigations and litigation, including substantial experience defending and defeating antitrust class actions.  Moses Singer attorneys have handled litigations involving the full range of alleged anticompetitive conduct, including price-fixing, bid-rigging, group boycotts, exclusive dealing, monopolization, tying, price discrimination, interlocking directorates and mergers.