Ice Miller represents clients in antitrust investigations pursued by federal and state governmental agencies.
We have advised and defended clients through all phases of these investigations, from reacting to FBI raids or responding to an initial demand for information/documents, to presenting company officials for depositions and ultimately negotiating successful resolutions. Our attorneys also have advised clients on issues related to pursuing amnesty from prosecution under the Department of Justice Antitrust Division’s corporate leniency program and clients who are not targets of an investigation but have received a subpoena from a governmental agency.
Our team has substantial experience in federal criminal and civil antitrust investigations, including price fixing and bid rigging allegations brought by the Department of Justice and Federal Trade Commission. Our attorneys also have represented clients before the Indiana, Ohio and Florida Attorneys General in connection with investigations into price fixing, bid rigging and deceptive advertising allegations.
We also work with clients to develop antitrust compliance programs tailored to the client’s specific needs. These programs are designed to help clients prevent and detect antitrust violations, avoid protracted litigation, and decrease any applicable penalties under the Federal Sentencing Guidelines. Comprehensive antitrust compliance programs typically include developing a written antitrust policy and educating key personnel so that clients can effectively recognize and assess antitrust risks.
Our team also advises clients with respect to potential antitrust challenges arising from proposed mergers, asset purchase agreements and joint ventures. This includes counseling clients on the antitrust risks associated with potential transactions, helping clients minimize that risk, filing requisite premerger notifications with appropriate governmental agencies and representing clients in resulting agency investigations.
Our attorneys have worked with clients in numerous industries (including gaming, health care, agricultural, food, manufacturing, chemical manufacturing, banking and energy) on transactions ranging from $4 million to more than $2 billion. The Ice Miller team has significant experience with the Hart-Scott-Rodino (HSR) notification filing requirements and process and with resulting investigations by the Department of Justice and Federal Trade Commission. Our attorneys have submitted dozens of HSR filings and advised clients in responding to informal post-filing inquiries, Second Requests and other non-public merger investigations.