Antitrust and Trade Regulation

When the Sherman Antitrust Act of 1890 was enacted, Gray Plant Mooty had been inexistence for 24 years and was there to counsel clients on this “emerging” area of the law. More than a century later, competition laws continue to emerge and evolve —and our Antitrust & Trade Regulation team continues to counsel franchisors and manufacturers in this critical area of the law throughout the United States and internationally.

We help our clients avoid antitrust liability in a variety of ways, including conducting compliance reviews and employee training. First and foremost, we work with clients to ensure that they avoid collusion with competitors. Collusion is “go to jail” serious, so we tailor advise to protect our manufacturing and franchisor clients, while acknowledging their desire to participate in trade association activity, collaboration, and joint ventures when appropriate. We provide counseling and assistance with resale pricing controls (including MAP policies), exclusive dealing restrictions, pricing to dealers and franchisees, termination, and other issues that arise when dealing with distributors, dealers, franchisees and independent sales representatives.

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