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Our practice, including former state and federal prosecutors and senior litigators, is positioned to guide you through the distinct complexities of competition-related legal matters of all types. We're the partner you count on to litigate or avoid antitrust disputes.

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Avoiding and Litigating Antitrust Disputes 

Antitrust lawsuits and investigations have the potential to result in steep civil and criminal penalties. Seasoned counsel will help navigate this complex, high-stakes landscape and potentially avoid litigation.

When facing competition-related legal challenges, access to a deep bench of antitrust expertise is essential.

In addition to counseling clients, we have experience litigating:

  • Price fixing and bid rigging
  • Territorial and market allocation
  • Exclusive dealing
  • Tying arrangements
  • Merger challenges
  • Trade associations
  • Joint ventures
  • Government petitioning

Why Choose Us

Our team includes senior litigators, former state and federal prosecutors, and the former lead counsel for the Wisconsin State Attorneys General Antitrust Enforcement division. We have the sophistication and sensitivity to assist clients facing the most serious of penalties under antitrust law.

Whether your matter calls for a specialist in complex litigation and class action lawsuits, sophisticated merger and acquisition advice, or the development of an antitrust compliance program, we can help.

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Counseling, Compliance and Internal Investigations

We help clients minimize antitrust risk through practical business counseling. Our attorneys routinely counsel clients on a full range of antitrust issues, including:

  • Production, distribution and marketing programs
  • Resale price maintenance and minimum advertised price programs
  • Price discrimination
  • Exclusive dealing
  • Joint ventures and other competitor collaborations
  • Non-compete and non-solicitation agreements
  • Intellectual property
  • Insurance
  • Health care contracting and consolidation
  • Antitrust exemptions and immunities, including government petitioning, state action, the McCarran-Ferguson Act and others

We assist our clients in developing and implementing carefully designed compliance programs that minimize the risk of exposure under antitrust laws and help prevent costly government investigations and litigation altogether. We provide counsel on programs ranging from formal compliance programs and full on-site audits of existing practices to less formal presentations designed to train key management and marketing personnel.

Company management can only make good decisions on important issues by knowing the facts, such as whether to report wrongdoing to the government, whether to discipline the employees involved and what remedial action may be appropriate in response. We know how to conduct a confidential, effective and efficient investigation to obtain credible results without unnecessarily disrupting your business.

Our goal is to help our clients avoid or minimize the risk of adverse consequences under antitrust laws while meeting their legitimate business needs in innovative ways.

Government Investigations

Our antitrust attorneys, in close consultation with our government & white collar investigations practice, represent both individual and corporate clients in civil and criminal investigations by federal and state enforcers. We have the sophistication and sensitivity to assist clients facing the most serious of penalties under antitrust law.

Whether representing subjects of investigation, third-party witnesses, or complainants, we have the depth to provide counsel through the investigation and any ensuing prosecution and litigation. We also coordinate with local counsel when representing clients in multi-jurisdictional investigations, as needed, to ensure that our clients’ interests are adequately protected both in the U.S. and abroad.

Mergers and Acquisitions

Godfrey & Kahn has substantial experience advising companies in a broad range of industries on the antitrust implications of proposed mergers, acquisitions, divestitures and joint ventures.

Our antitrust practice advises on structuring deals to reduce antitrust risk. We also frequently advise on merger transactions involving multi-jurisdictional merger control issues, including merger filings and the defense of transactions in jurisdictions throughout the world. We help clients identify jurisdictions where merger filings are necessary and effectively navigate the merger clearance process, in coordination with local counsel abroad. We have the experience to handle second requests, negotiate remedies, and defend transactions in litigation and administrative proceedings.

National State Attorneys General Practice

Our antitrust practice is led by a former state prosecutor who was the top Wisconsin antitrust enforcer for 20 years and chaired the National Association of Attorneys General's (NAAG) Multistate Antitrust Task Force for more than three years. We leverage this specialized experience to advise a broad range of clients throughout the country in litigation and investigations involving state attorneys general. Understanding the ways in which state attorneys general conduct multistate merger investigations and litigations requires a comprehensive knowledge of how state enforcers work with each other and with the federal antitrust agencies.

We help clients and their national counsel navigate state antitrust and consumer protection enforcement.

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Our attorneys write on a variety of topics and provide engaging educational opportunities through free webinars and seminars enabling you to stay up-to-date with the most current developments, trends, and legal issues affecting your business.

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From Complex Litigation to Class Action Cases

Our antitrust practice defends clients in antitrust matters related to price fixing, bid rigging, territorial and market allocation, exclusive dealing, and tying arrangements. Our experience includes defense of:

  • A major beer manufacturer against claims of exclusionary and coordinated conduct to harm smaller rival.
  • An energy company in class action involving allegations of price fixing in natural gas markets.
  • A dental insurer in antitrust class action challenging territorial restrictions in trademark licensing agreements.

We also advise clients in antitrust matters, such as a health insurer in a monopolization action against a dominant competitor concerning use of most-favored nations clauses. In addition, our attorneys served as chief trial counsel for the Idaho Attorney General in the Federal Trade Commission and State of Idaho v. St. Luke’s Health Systems, a seminal case involving the interplay between antitrust law and the changes mandated by the Affordable Care Act.

We’re Honored to be Honored

We are honored by awards that reflect our vision for our work. Work-product awards like Best Law Firms and top tier rankings by Chambers USA and Benchmark Litigation help us attract and keep quality talent who are often recognized as Best Lawyers. Our people help us attract clients and build a team-oriented culture that's led to Top Workplace awards year after year.

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