Antitrust Mergers & Acquisitions | Private Antitrust Litigation | Cartels & Government Investigations | Antitrust Compliance & Counseling

Antitrust Compliance & Counseling

Antitrust risk frequently arises when businesses engage in common practices such as licensing, joint ventures, intellectual property rights, pricing and discounting, and interactions with the government. Shearman & Sterling’s Antitrust Group works closely with our clients to help them reduce antitrust risk when engaged in such practices by developing and implementing antitrust compliance and training programs, and by providing them with real-time antitrust counseling to help them manage both their operations and their antitrust risk. Our global footprint and extensive experience allow us to help our clients reduce antitrust risk while minimizing cost and disruption to their business operations.

Antitrust Compliance. Virtually every business today should have in place an antitrust compliance program that is tailored to address the particular risks that it faces. Our antitrust group has extensive experience in fashioning such programs, working with our clients to implement them, and providing their personnel with the training necessary to be alert to those risks, and to know how to avoid them.

Joint Ventures. Our clients often choose to collaborate, share costs, and engage in know-how transfers with others in their industries. We regularly assist clients in forming multibillion dollar joint ventures to develop new products and businesses.

Licensing and Distribution. We routinely help clients structure their licensing and distribution agreements to comply with US and EU antitrust laws and advise them on the legality of existing arrangements.

Intellectual Property. Our clients are often at the forefront of innovation and we are ready to meet the legal challenges they face at the intersection of antitrust and intellectual property law. The firm’s Antitrust and Intellectual Property Groups work seamlessly together to ensure that every aspect of our clients’ IP and antitrust challenges are successfully and efficiently resolved.

Pricing and Discounting. Various common pricing practices, such as volume and loyalty discounts and providing different prices to different customers, can raise antitrust risks. We frequently help our clients fashion pricing policies that provide them with maximum flexibility while staying within the bounds of the antitrust laws.

State Aid. Our clients frequently interact with the governments of the countries where they do business in the EU. Sometimes their interactions may constitute the receipt of State aid and thus make them subject to Article 107 TFEU. Part of our practice is advising clients on the consequences of their interactions. We also help clients organize their businesses so that their relationships with Member State governments are consistent with European Union law. We also have significant experience successfully litigating controversies so that benefits received by our clients are not treated as illegal State aid.

Public Procurement. We routinely advise both government and private sector clients on the application and interpretation of the EU public procurement rules. We have market leading experience on the procurement implications of complex public private partnerships—particularly in the energy and transport sectors.