Antitrust & Competition Law

Clear Guidance When Steering Through Complex Regulations.

Antitrust and competition issues are a critical element of today's business, especially given the prevalence of cross-border components in almost every transaction or business practice and the vigilance of antitrust regulators around the world. Whether it is an innovative and cutting-edge merger, a governmental investigation into allegedly anti-competitive behaviour or high stake antitrust litigation, Milbank's transatlantic Antitrust & Competition Group represents clients on the entire spectrum of antitrust and competition matters, helping them navigate through the complex regulations regarding antitrust and competition.

Merger Control

We represent clients in all aspects of merger control procedures before the US Federal Trade Commission, the US Department of Justice, the European Commission, the UK Competition and Markets Authority and the German Federal Cartel Office. Our Competition lawyers regularly coordinate merger filings globally and maintain close relationships with a network of leading local antitrust experts around the world. We have broad experience in applying merger control regulations to complex private equity and hedge fund structures, as well as in the strategic planning and subsequent implementation of acquisitions by companies that are already market leaders in their respective areas.

Antitrust Investigations

We also have particular expertise in the representation of clients (both companies and individuals) in cartel and dominance investigations before the European Commission, the UK Competition and Markets Authority and the German Federal Cartel Office (including US, UK and German sectoral regulators) and providing strategic advice on antitrust investigations around the world. We vigorously defend our clients’ interests, guide them through settlement negotiations and make leniency applications. We also regularly represent clients in abuse of dominant positions complaints, as well as in market investigations undertaken by regulatory bodies throughout the EU.

Antitrust Litigation

We have extensive experience in representing our clients in antitrust litigation before US, European, UK and German courts, including antitrust damages cases and refusal-to-supply cases, challenging merger control decisions as well as antitrust challenges regarding the validity of agreements.

Antitrust Advice with Agreements

Preempting antitrust concerns is always preferable to having them arise later as complicated issues. Our Competition lawyers offer our clients comprehensive compliance know-how to avoid investigations, fines, unnecessary risks and significant penalties, and to ensure that our clients can make use of the opportunities they have within the ambit of the antitrust laws around the globe. We regularly advise clients on a wide variety of agreements, including joint venture, collaboration, specialization and R&D, joint selling and subcontracting between competitors and other commercialization agreements. We also provide advice on setting up or changing distribution systems.