Antitrust + Competition

Whether facing a government investigation or seeking government approval for a complicated transaction, companies consistently turn to Goodwin’s experienced and accomplished Antitrust & Competition Practice. With a roster of former government officials, business counselors, and seasoned trial lawyers, our Antitrust & Competition practice works collaboratively with the firm’s business law, intellectual property, SEC, and white collar defense attorneys. Through this unique collaboration, we are well-armed to advance our client’s interests at the United States Federal Trade Commission, the Antitrust Division of the Department of Justice, state attorneys general, and competition law enforcers abroad. We have tried competition cases to juries, judges, and arbitrators throughout the country, on behalf of plaintiffs and defendants. Our experience runs deep, as does our success.

Counseling & Acquisitions

Goodwin’s Antitrust and Competition lawyers have advised clients – from the largest Fortune 500 companies to emerging growth companies – on more than 2,500 transactions before U.S. and international antitrust agencies. We have successfully defended hundreds of matters through the second request process or other intensive government investigations. Each transaction poses unique challenges, and we understand our clients’ business in such a way that we can quickly and efficiently explain the procompetitive benefits of any transaction to antitrust and competition enforcers. Our success is measured by one key motivation: keeping our clients out of the news and securing clearance.

Our team also handles the complete array of non-transactional antitrust and competition matters, including civil non-merger disputes (monopolization, attempted monopolization, and dominant firm behavior), as well as criminal matters. We further provide counseling on pricing policies and distribution practices, supplier and customer relations, advertising and marketing practices, joint ventures and related competitor collaborations, and interlocking directorates.

Litigation & Enforcement

Pharmaceutical and life science companies seek Goodwin to address all of their most important competition-related issues. Our antitrust lawyers are deeply immersed in the legal issues at the forefront of antitrust enforcement, with particular experience in issues involving the interaction of antitrust with IP laws and FDA regulations. We have litigated cases and advised clients in this area on matters involving licensing, sham litigation, settlement of IP litigation, reverse payments and patent hold-up with standard setting organizations, among others.

We represent clients in private antitrust litigation, government investigations, and licensing disputes with competitors, among other matters. We have provided counseling on strategic business transactions, patent litigation settlements, citizen petitions, potential antitrust claims in relations to the misuse of Risk Evaluation and Mitigation Strategy (REMS) policies to delay generic entry, and other topics.

We have deep expertise and experience with the competition issues presented by life cycle management practices, sham litigation, the reverse payment doctrine, licensing, and related issues including:

  • Advising pharmaceutical clients on settling patent litigation between brand and generic companies
  • Complying with regulatory requirements for submission of materials to the federal government, including under the Medicare Modernization Act (MMA)
  • Defending investigations by the Federal Trade Commissions and state attorneys general, including into alleged “reverse payment” agreements
  • Defending public enforcement actions and private class-action lawsuits challenging alleged “reverse payment” agreements
  • Advising on and litigating issues concerning “product hopping,”
  • Litigating disputes among competitors involving patent and product licenses
Related Practices

Intellectual Property

Intellectual property assets represent significant value for businesses in the United States. For some clients, these assets represent an entire career or a body of research; for others, they're a 100-year-old trademark, or a newly acquired license. Whether it’s structuring transactions or resolving high-stakes property disputes, we understand the unique needs of each client, and anticipate how those needs will change over time. With superior experience– from scientists who’ve worked in the field, to litigators with International Trade Commission and federal court experience – we’re privileged to represent national and international companies in a broad cross-section of industries.
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Financial Restructuring

Workouts. Reorganization. Liquidation.

From troubled companies and international insolvencies to failed start-ups, we work with debtors, creditors and committees in high profile and middle-market restructurings.

Goodwin has one of the largest and most active practices in the country defending securities class action, shareholder derivative, and other shareholder litigation, SEC investigations and enforcement proceedings, and related litigation and regulatory matters. At any given time, we are handling matters all across the country as well as for internationally based clients. We are currently defending clients in some of the most prominent cases in the country arising out of the subprime mortgage crisis.

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Mergers + Acquisitions

Goodwin lawyers have deep experience guiding clients through both public and private mergers and acquisitions transactions of all types including leveraged buyouts, tender offers, spinoffs, divestitures and go-privates (both in the U.S. and abroad). Our lawyers bring a distinctive combination of regulatory and transactional expertise, characterized by a high degree of tax and financial sophistication, and a commercial negotiating style that is essential for success. We blend technical know-how and specific industry experience to get deals done quickly and efficiently. We draw on a firm-wide network of specialists in tax, intellectual property, real estate and executive compensation to help clients find practical, innovative solutions to their problems. 
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Related Practices
Intellectual Property
Intellectual property assets represent significant value for businesses in the United States. For some clients, these assets represent an entire career or a body of research; for others, they're a 100-year-old trademark, or a newly acquired license. Whether it’s structuring transactions or resolving high-stakes property disputes, we understand the unique needs of each client, and anticipate how those needs will change over time. With superior experience– from scientists who’ve worked in the field, to litigators with International Trade Commission and federal court experience – we’re privileged to represent national and international companies in a broad cross-section of industries.
Read More
Financial Restructuring

Workouts. Reorganization. Liquidation.

From troubled companies and international insolvencies to failed start-ups, we work with debtors, creditors and committees in high profile and middle-market restructurings.

Goodwin has one of the largest and most active practices in the country defending securities class action, shareholder derivative, and other shareholder litigation, SEC investigations and enforcement proceedings, and related litigation and regulatory matters. At any given time, we are handling matters all across the country as well as for internationally based clients. We are currently defending clients in some of the most prominent cases in the country arising out of the subprime mortgage crisis.

Read More
Mergers + Acquisitions
Goodwin lawyers have deep experience guiding clients through both public and private mergers and acquisitions transactions of all types including leveraged buyouts, tender offers, spinoffs, divestitures and go-privates (both in the U.S. and abroad). Our lawyers bring a distinctive combination of regulatory and transactional expertise, characterized by a high degree of tax and financial sophistication, and a commercial negotiating style that is essential for success. We blend technical know-how and specific industry experience to get deals done quickly and efficiently. We draw on a firm-wide network of specialists in tax, intellectual property, real estate and executive compensation to help clients find practical, innovative solutions to their problems. 
Read More

Viewpoints

Contacts

View Bio

Christopher T. Holding

Co-Chair, Antitrust & Competition
Partner
View Bio

Andrea Murino

Co-Chair, Antitrust & Competition
Partner
Meet the Team

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