Government antitrust investigations, whether criminal or civil, can present high stakes for companies and their employees. Prosecuting international and domestic cartels remains a top priority for the U.S. Department of Justice’s Antitrust Division. The Federal Trade Commission (FTC) frequently conducts civil investigations of suspected anticompetitive conduct in the health care and pharmaceutical fields. Both federal antitrust enforcement agencies devote significant resources to civil antitrust investigations in high technology sectors. In the meantime, state attorneys general remain keen to investigate practices that affect their jurisdictions, including vertical restraints such as resale price maintenance.

Ropes & Gray antitrust lawyers have a proven track record in successfully handling the sensitive issues that government antitrust investigations raise. Our antitrust lawyers include former Assistant U.S. Attorneys who represent both companies and their executives in criminal antitrust investigations, including in international cartel investigations.  We have achieved notable non-prosecution and immunity agreements and, when necessary to do business with the government, favorable terms for our clients. We also conduct internal investigations for our clients when suspected anticompetitive activity occurs, and assist our clients in formulating corrective measures.

Experienced lawyers in our Boston, New York, San Francisco, and Washington, D.C. offices, including veterans of the Antitrust Division and FTC, routinely handle civil antitrust investigations conducted by government enforcers across a broad range of industries, including in the health care, medical device, pharmaceutical, computer, and telecommunications sectors. We also represent parties who seek the assistance of government antitrust enforcers in investigating suspected anticompetitive conduct by their business partners and rivals, as well as third parties contacted by government investigators for their market views and information. Our knowledge of the government antitrust agencies, their leadership, and their career staff helps us achieve results for our clients.

Representative Civil and Criminal Antitrust Investigation Matters:

• We have obtained immunity for numerous clients in connection with the Antitrust Division’s amnesty program, including (among others) in the auction and construction businesses.
   
• We achieved a non-prosecution agreement for a vendor of Internet services in connection with a criminal investigation of an alleged bid-rigging and market-allocation scheme.
   
• We have represented clients, including those in financial services, defense contracting, food processing, and educational services, in connection with antitrust investigations that concluded with no action taken against our clients.
   
• We have represented certain companies in connection with a criminal investigation by the Antitrust Division into suspected price fixing in international transportation markets.
   
• We have represented executives accused of criminal antitrust violations in the municipal bond and automotive industries.
   
• We have represented health care providers in connection with allegations of improper information exchange, including wage information, in government investigations and class action antitrust cases.
   
• We have represented health care providers, health care insurers, and HMOs in connection with investigations of suspected anticompetitive conduct.
   
• We have represented a major foreign electronics manufacturer in connection with class action antitrust cases arising out of a criminal investigation.
   
• We have represented pharmaceutical, medical device, private equity, financial services, telecommunications, and health care clients in responding to civil investigative demands and in antitrust investigations brought by the federal antitrust enforcement agencies and state attorneys general.
   
• We have represented a major retailer in successfully causing its rival to change its business practices following a government antitrust investigation.
   
• We have successfully obtained Business Review Letters from the Antitrust Division in the health care industry.

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