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Premerger Notifications and Investigations

Ice Miller LLP represents and advises clients on the full range of antitrust issues, including mergers and acquisitions, marketing, distribution, pricing strategies and antitrust immunities and exemptions.

Ice Miller’s attorneys regularly represent private and public sector clients in litigation under state and federal antitrust laws. We also frequently counsel and advise clients on antitrust matters before the Department of Justice, the Federal Trade Commission and state regulators.

Antitrust Counseling and Compliance Programs

The Firm regularly counsels clients on the domestic and international antitrust implications of proposed business activities and agreements, including mergers and similar strategic transactions, joint ventures, exclusive dealing arrangements, pricing policies/agreements, supply agreements and marketing and distribution programs. The Firm also provides antitrust counsel to trade associations and to clients participating in trade associations on matters such as exchanges of information, benchmarking, standard setting and membership.

In addition, we 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.

Representative engagements include:

  • Advised clients in multiple industries on issues related to price discrimination and Robinson-Patman Act claims
  • Worked with manufacturing client to develop “clean team” protocols in connection with an acquisition of a competitor
  • Counseled clients on domestic and international joint ventures with actual and potential competitors
  • Advised retail and entertainment clients on exclusive supply agreements and uniform manufacturer pricing policies
  • Prepared numerous antitrust compliance programs for clients in industries such as manufacturing, agriculture, paving and food
  • Conducted antitrust training programs, including Sherman Act and Robinson-Patman Act issues, for clients in manufacturing and related industries
  • Provided antitrust counsel to trade association in connection with proposed legislative activities

Premerger Notifications and Investigations

Our team 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 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 non-public merger investigations. Our attorneys also advise clients on the international filing requirements for transactions that have implications outside of the United States.

Antitrust and Competition Litigation

Ice Miller’s lawyers also have handled significant antitrust litigation in both state and federal courts, in jurisdictions throughout the country, on behalf of a variety of clients including “Fortune 100” and closely-held companies. The Firm also has handled antitrust matters on behalf of a variety of state and local governmental entities.

Our team has handled a diverse array of private antitrust and competition-related litigation, including monopolization claims (including misuse of patents), horizontal restraints of trade (including price fixing, market allocation, and concerted refusals to deal), vertical restraints of trade (including distributor terminations and unlawful tying arrangements), discriminatory pricing and related claims under the Robinson-Patman Act, unfair competition claims (including advertising issues under the Lanham Act and violations of various state statutes) and franchise disputes.

Representative engagements include:

  • Represented ready-mix concrete company in class actions and federal and state civil and criminal investigations alleging price fixing
  • Represented mining companies in price fixing case against multiple explosives manufacturers
  • Represented municipal franchising authority in defending monopolization charges filed by unsuccessful cable television franchise applicant
  • Represented public hospital in defense of monopolization claims brought by physician-owned hospital
  • Represented municipal airport authority against monopolization and other claims brought by operator of private airport parking facility
  • Represented mining company in defense of monopolization charges brought by mineral lessors
  • Represented oil company in defense of price discrimination and price squeeze charges brought by multiple franchisees
  • Represented owner of local television network affiliates against monopolization and other charges filed by owner of former network affiliate
  • Represented auto racing league in various antitrust suits brought by competing racing leagues and participants
  • Represented manufacturers in various industries in litigation relating to distributor and dealer termination, exclusive contract arrangements and other distribution issues
  • Represented law firm in litigation relating to alleged horizontal market allocation agreement
  • Represented multiple franchisees in litigation against franchisor over imposition of tying arrangement
  • Represented web-based business in multiple unfair competition claims against competitors over improper use of client’s trademark and other proprietary information

Government Investigations

Ice Miller also represents clients in antitrust-related investigations pursued by federal and state governmental agencies. This includes the full range of investigations from reacting to FBI raids or responding to an initial demand for information/documents, to presenting company officials for depositions, and to 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.

Representative engagements include:

  • Represented ready-mix concrete company in federal and state civil and criminal investigations (and related class actions) alleging price fixing
  • Represented amnesty applicant in federal price fixing investigation of university bookstores
  • Represented supplier in construction/road-management industry in a federal price-fixing investigation
  • Represented scrap metal dealer in a federal price fixing investigation
  • Represented major durable goods manufacturer in a federal bid rigging investigation
  • Represented supplier of construction materials in a federal investigation of collusive pricing behavior
  • Represented major retailer in state deceptive advertising investigation
  • Represented hospital in responding to a non-target subpoena.
  • Represented automobile parts manufacturer in responding to a non-target subpoena


Name Position Phone Email
Anthony P. Aaron Partner 317-236-2484
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