Antitrust & Unfair Competition

Antitrust and unfair competition legal issues have become much more prevalent in both the private and public sectors. Commonly disputed issues include marketing and distribution restraints, licensing restrictions, pricing or price discrimination issues, joint ventures, business acquisitions or mergers, defending against government investigations and managing the impact of rulings by governmental or standards-setting bodies. These  matters most frequently arise when clients encounter troublesome commercial practices, when they are confronted with potential government investigations of their activities, or in seeking to initiate government prosecution of the objectionable practices of other participants in the marketplace.

Our attorneys are familiar with all of these scenarios, each of which can potentially threaten the continued success of even the best-run business, and  therefore demands close attention from management. Paley Rothman, which created this new practice group in response to increasing inquiries from clients, offers experienced, sophisticated, yet practical advice for both smaller and larger firms. Our objective is always the same--to help clients accomplish their business objectives to the greatest extent possible, while minimizing risk and expense.

Antitrust law refers to federal laws that prohibit anticompetitive trade practices such as price-fixing and bid-rigging as well as monopolies and mergers & acquisitions of businesses that may limit competition. At the federal level, these laws are enforced both by the Federal Trade Commission (FTC) & the Department of Justice's Antitrust Division, and by lawsuits between private parties. Maryland and many other states have also enacted laws closely modeled after the federal legislation, and most have created offices within the state Attorney General’s office to address similar issues at state or local levels.

Our free enterprise economy depends upon competition to deliver goods and services at competitive prices, and to stimulate innovation. If insufficient competition in a relevant market is a problem, antitrust law may provide a remedy.

Unfair competition, by contrast, usually addresses excessive competition; it normally refers to situations in which one firm competing against others in the marketplace is using tactics thought to be objectionable. The name refers to a combination of both federal and state laws and common-law (non-statutory) doctrines. Because they address the impact of commercial practices on only the affected parties, rather than upon an overall market, unfair competition and related legal doctrines are often more applicable to regional or local concerns.

Counseling. We can assess whether a client's proposed course of action may present risks, and if so, how to eliminate or minimize potential legal exposure. Our attorneys can examine injurious business practices of our clients' competitors, customers or suppliers, determine whether antitrust or unfair competition legal doctrines offer a remedy, and if so, help develop a practical strategy to achieve it.

Transactions. One of our partners developed the rules governing pre-merger filings at the FTC, and has analyzed hundreds of actual and proposed transactions. We can review proposed acquisitions, joint ventures or other transactions for potential competition pitfalls, and develop strategies for avoiding them. If necessary, we can navigate the potentially complex Hart-Scott-Rodino filings at both the FTC and the Antitrust Division.

Litigation. When litigation proves unavoidable, our attorneys have successfully defended clients against governmental investigations, and have prosecuted private antitrust and unfair competition suits both locally and--in consultation with local counsel--elsewhere in the country. The firm is uniquely qualified to develop Maryland-based approaches to regional and local antitrust and unfair competition business and legal problems.