COUNSELING

Balch & Bingham attorneys provide counseling to clients regarding a host of complex antitrust issues affecting all facets of their businesses. The firm's antitrust attorneys regularly advise regulated utilities and utility industry groups about antitrust issues raised in connection with bulk power and transmission transactions, the interplay between the antitrust laws and regulatory policy, marketing of both regulated and unregulated products and services, trade association participation and other situations that involve the interaction of competitors. Our attorneys routinely advise clients in the health care industry on a variety of issues involving the interplay of antitrust and healthcare regulation, including application of the FTC’s and DOJ’s Statements on Health Care Antitrust Enforcement.

Outside the utility and health care industries, our attorneys counsel clients regarding the antitrust aspects of product distribution and marketing, pricing decisions, business combinations, joint ventures, trade associations and industry group participation. Balch attorneys have actively represented businesses involved in acquisitions and joint ventures before the Antitrust Division of the Department of Justice and the Federal Trade Commission as part of the pre-merger review process required by the Hart-Scott-Rodino Antitrust Improvements Act. Our attorneys are likewise experienced in antitrust issues relating to Intellectual Property.

EDUCATION AND COMPLIANCE

Businesses may benefit greatly from establishing and maintaining effective antitrust compliance programs and effective antitrust compliance programs require businesses to educate and train their employees. In order to further our clients' efforts, we have assisted them in the development and implementation of antitrust compliance and audit programs. As part of this service, we also conduct antitrust training sessions at our clients' locations. Our training sessions are designed with the individual needs of our clients in mind and encourage active participation by our clients’ employees.

LITIGATION

We have experience in a broad range of antitrust litigation, including trial and appellate work in both state and federal courts. Our appellate practice includes appearances before federal circuit courts of appeal as well as lead roles in petitions for writs of certiorari to the United States Supreme Court and appearances as amicus curiae. Issues addressed in antitrust litigation include antitrust standing, antitrust injury, state action and petitioning immunity, filed rate doctrine, market definition, restraints of trade, conspiracies to monopolize, monopolization and attempted monopolization.