competitive strength

Antitrust & Competition Law

Dorsey helps businesses successfully manage antitrust risk while achieving strategic business goals.


Dorsey’s Antitrust and Competition Law practice combines broad experience in complex corporate transactions with a sophisticated litigation and counseling practice. More than 20 Dorsey lawyers provide creative and practical advice concerning all forms of competition law, including foreign, U.S. and state competition laws, across many industries.

We represent clients in a full range of antitrust litigation, including private class actions, criminal and administrative investigations, and government civil enforcement actions. We counsel clients in complex compliance and transactional matters, including joint purchasing activities, franchising, distribution planning, trade association activities, pricing practices, consumer protection, standards development, intellectual property issues, joint ventures, merger analysis, and Hart-Scott-Rodino Act issues and filings.

Global Perspective + -
Industry Experience + -


Merger Investigations, Pre-Merger Notification, and Non-Merger Investigations

  • We represented Robert Bosch GmbH in a $1 billion acquisition from SPX Corporation and related FTC investigation, Second Request and negotiated a consent order.
  • We represented RightNow Technologies Inc. in its $1.5 billion acquisition by Oracle and related DOJ investigation and Second Request. The investigation concluded without any conditions on the proposed acquisition.
  • We represented ADC Telecommunications in U.S., European, and Chinese merger control filings in its acquisition by Tyco Electronics. The parties obtained clearances in all jurisdictions where they were required to file.
  • We regularly represent clients in nonpublic U.S. merger-related investigations. For example, Dorsey has helped clients respond to informal information requests from the Federal Trade Commission or U.S. Department of Justice, resulting in closed investigations without extension of the waiting period or changes to the proposed transactions.

Dorsey lawyers have tried antitrust cases to jury verdict including two four-month jury trials. Dorsey lawyers also have extensive experience with antitrust class actions and resolving antitrust and competition disputes through different types of settlements. Representative litigation includes:

  • We represented a defendant in consolidated litigation involving two nationwide class actions and fifteen individual lawsuits brought by California and New York municipalities alleging bid rigging, price fixing, and other conspiratorial acts in the municipal bonds market in violation of Section 1 of the Sherman Act, and in the individual cases, violations of the California Cartwright Act and New York's Donnelly Act.
  • We represented Fair Isaac in an antitrust putative class action in the Western District of Pennsylvania alleging restraint of the availability of consumer loans and conspiracy to inflate and fix loan prices. Fair Isaac’s motion to dismiss all claims alleged in the complaint was granted.
  • We represented BabyBjorn AB in two consolidated antitrust cases alleging vertical resale price maintenance between Babies“R”Us and certain baby product manufacturers/distributors. One case was brought by two internet retailers, the other as a consumer class action.

Criminal Investigations

  • We represented an individual in an antitrust investigation into bid-rigging of government contracts involving the Department of Army, the Department of Defense, and the Department of Justice, resulting in the Antitrust Division’s declined prosecution.
  • We represented a corporate-officer defendant in a criminal investigation and prosecution involving the Packaged Ice Antitrust Litigation.

Antitrust/Advertising/Competition-Law Counseling (U.S. and Europe)

  • We have reviewed exclusivity agreements, rebates and pricing programs, loyalty and discount programs, distribution agreements, license agreements, and other contracts for antitrust considerations.
  • We have reviewed pricing policies for compliance with Robinson-Patman (price discrimination), resale price maintenance rules, and other antitrust laws.
  • We regularly advise on the scope and applicability of Articles 81 or 82 (the EC’s main competition provisions).

Joint Purchasing Antitrust Experience

  • We regularly advise purchasing, marketing, and supply cooperatives on antitrust compliance.
  • We have represented purchasing cooperatives in seeking or determining whether to seek business review letters from the U.S. Department of Justice.
  • We regularly advise agricultural marketing cooperatives on compliance with the Capper-Volstead Act (which provides an antitrust exemption for agricultural cooperatives).

Standards Development

  • We have advised standards development organizations and participants on compliance with antitrust and competition laws.
  • We represented a standards development organization in obtaining favorable Business Review Letters from the U.S. Department of Justice on updates to the organization’s patent policy.



Industries & Practices

Government Enforcement & Corporate Investigations
Patent Prosecution, Portfolio Strategy & Management
  • Franchise & Distribution Law
  • Government Enforcement & Corporate Investigations
  • Mergers & Acquisitions
  • Patent Prosecution, Portfolio Strategy & Management