Antitrust & Federal Regulatory

Antitrust issues are a major concern in many industries, whether you’re in a highly regulated industry or a highly competitive market. Federal and state antitrust enforcers are increasingly active, and private litigations, whether by competitors or consumer representatives, are a daily occurrence. Mintz Levin views your antitrust issues as business issues that need to be resolved efficiently and effectively. We can help you advance your business goals without running afoul of federal and state antitrust laws.

We offer comprehensive antitrust counseling services, including counseling on transactions and business practices, including acquisitions, divestitures, and joint ventures. We also provide antitrust advice on relations with competitors, suppliers, and customers as well as on licensing and distribution relationships. With offices on the US coasts and a network of local counsel in every state, Mintz Levin is well positioned to handle any antitrust litigation matter, including major government investigations and multistate class actions.  

We regularly advise clients on how to comply with state and federal antitrust laws, consumer protection laws, and other business regulations. We also help clients avoid litigation by successfully guiding them through the transaction review process before the Department of Justice (DOJ) and Federal Trade Commission (FTC).

Quick Facts

  • Nationwide practice representing clients in complex litigation, class action, and unfair / deceptive trade practice issues under both federal and state competition laws
  • Effectively challenged governmental decisions in court and in administrative proceedings
  • Obtained FTC clearance  for the largest competitive cable television merger ever approved by federal antitrust agencies
  • Industry focus on health care and telecommunications sectors
  • Attorneys who have held key positions in antitrust enforcement agencies

Areas of Focus

  • Antitrust counseling
  • Antitrust litigation
  • Bundling of services
  • Competitor collaborations
  • Consumer protection matters
  • Government investigations
  • Hart-Scott-Rodino merger approval process
  • Market allocation
  • Mergers and acquisitions
  • Monopolization
  • Unfair or deceptive practices matters

Rankings & Recognitions

  • Attorneys recognized by Chambers USA, Best Lawyers, and Super Lawyers
  • Nightingale’s Healthcare News: Practice Chair named “Outstanding Healthcare Antitrust Lawyer” for several years in a row
Case Study: CVS Caremark Corporation

We have been antitrust counsel to CVS — now CVS Caremark Corporation — since 1986. Our team has represented CVS in its transactions (including the combination of CVS and Caremark), in litigation, and in other matters before both state and federal antitrust authorities.

Case Study: Bright House Networks, LLC

We are lead counsel for the defendants in a purported nationwide antitrust class action. The suit alleges that the cable operator’s practice of leasing set-top boxes to customers who also purchase cable television services constitutes an illegal antitrust tie. (Parsons v. Bright House Networks, LLC, No. 09-0267 (S.D. Ala))

Case Study: Cox Communications, Inc.

We are lead counsel for the defendants in multidistrict litigation involving 20 separate antitrust class action suits that have been consolidated. The suits allege that the cable industry’s practice of leasing set-top boxes to customers who also purchase cable television services constitutes an illegal tying arrangement under the antitrust laws. (In re Cox Enterprises, Inc. Set-Top Cable Television Box Antitrust Litigation, MDL No. 2048 (W.D. Okla))

Representative Clients

  • Bright House Networks, LLC
  • Cable & Telecommunications Association for Marketing (CTAM)
  • Cox Communications, Inc.
  • C-SPAN
  • CVS Health Corporation
  • Partners HealthCare System, Inc.