We understand the competition law complexities that are unique to specific business sectors such as healthcare (where we represent nearly 20 Arkansas hospitals and health systems). All our antitrust advice reflects a full knowledge of federal and state law, and a full understanding of your business goals. If there are compliance problems with your competitive strategies, we’ll help you solve them. If you are already fully compliant, we’ll encourage your good faith efforts and vigorously defend you against complaints from competitors or regulators.
Practice Area
Antitrust
We provide practical antitrust counsel tailored to your industry, your transactions, and your long-term business goals.
Areas of Focus
Antitrust Litigation
We have the resources to litigate any antitrust matter — whether the forum is a courtroom or a government agency hearing, whether the dispute involves defending you against alleged anticompetitive conduct or asserting your rights against the unfair conduct of others.
Healthcare Antitrust
Healthcare professionals face major challenges in properly structuring and carrying out the business combinations that are essential for competing effectively in today’s healthcare market. Hospitals and hospital systems throughout Arkansas rely on our excellent working relationships with state regulatory authorities and the Federal Trade Commission to secure approval for mergers and acquisitions. We understand all the applicable competition law standards and work to ensure that your hospital or medical center is properly positioned to avoid investigation or litigation of antitrust claims over the delivery of health care services.
Business Combinations
When antitrust concerns arise in the course of a merger, acquisition, divestiture, or joint venture, we are adept at guiding clients through the Hart-Scott-Rodino (HSR) review process at the Federal Trade Commission and U.S. Department of Justice. We will work with your company to develop an approval strategy. When necessary, we manage regulators’ second information requests efficiently and effectively and secure an appropriate consent decree.
Summary
- Compliance & Risk Prevention: We help clients structure transactions, contracts, and strategies to avoid antitrust problems before they arise.
- Healthcare Expertise: Nearly 20 Arkansas hospitals and health systems rely on us to navigate antitrust standards in mergers, acquisitions, and service delivery.
- Strong Litigation Record: Proven success defending and prosecuting antitrust claims in state and federal courts, including high-stakes, multi-million dollar cases.
- Regulatory Guidance: Experienced in working with the FTC and DOJ, managing HSR reviews, second requests, and consent decrees efficiently.
- Tailored Business Strategies: Our counsel is rooted in a deep understanding of your markets, competitors, pricing, and long-term business goals.
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Experience
Rhodes v. Kroger Co.
Price discrimination case.
Concord Boat Corp. v. Brunswick Corp., 207 F. 3d 1039 (8th Cir. 2000)
Defended to the conclusion and on appeal, a manufacturer of stern-drive boat motors in one of the largest antitrust cases ever litigated involving allegations of a trade association.
Razorback Shooting Supplies, Inc. v. J.C. Penney Co.
Defended a large national retailer in a complex antitrust case, resulting in the voluntary dismissal of the case by the plaintiff during trial.
Airways v. Federal Express.
Represented one of the world’s leading transportation and delivery companies in the defense of a multi-million dollar antitrust case in the United States District Court, resulting in a verdict in favor of our client on a counterclaim.
VPG (Ferti-Lome) v. Southern Farmers Association.
Defended a large agricultural cooperative in an antitrust case in the United States District Court for the Northern District of Texas; the trial ended with the plaintiff’s voluntary dismissal of its claim against our client.
Humana Hospitals v. Baptist Medical Systems.
Represented one of the largest health care systems in Arkansas in a healthcare antitrust case brought by a large national healthcare provider, resulting in judgment as a matter of law for our client.