ANTITRUST

Related Services

Appellate

The firm's antitrust appellate experience is extensive. Our attorneys have represented clients before various state and federal appellate courts, as well as at the U.S. Supreme Court. They also have clerked for Supreme Court and federal circuit court judges. Our antitrust team has participated in many significant antitrust appeals, including:

  • Confederated Tribes of Siletz Indians of Oregon v. Weyerhaeuser Co. (U.S. Supreme Court, 2005) (as amicus)
  • Eastman Kodak Co. v. Image Technical Services, Inc. (U.S. Supreme Court, 1992)
  • Person v. Google (U.S. Court of Appeals for the Ninth Circuit, 2009)
  • Heerwagen v. Clear Channel (U.S. Court of Appeals for the Second Circuit, 2006)
  • United States v. Visa USA (U.S. Court of Appeals for the Second Circuit, 2003) (as amicus)
  • PepsiCo v. The Coca-Cola Company (U.S. Court of Appeals for the Second Circuit, 2002)
  • Harmar v. The Coca-Cola Company (Texas Supreme Court, 2006)

In addition to having a strong antitrust-centric appellate practice, Wilson Sonsini Goodrich & Rosati has deep appellate practice experience. Two of our New York partners have run the appellate division for the U.S. Attorney's Office for the Southern District of New York, and have argued countless appeals on behalf of the United States government at all levels of the judiciary.

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Intellectual Property

Antitrust law and intellectual property rights often find themselves at odds with one another. Whereas intellectual property rights provide owners with a degree of protection from competition, antitrust laws protect and promote competition. That's why, in order to successfully manage intellectual property assets, businesses require a close relationship with attorneys familiar with the antitrust laws. At Wilson Sonsini Goodrich & Rosati, we partner with our technology and growth business clients to leverage their intellectual property assets in the most effective way possible. We help them create and implement successful new business models, develop and execute strategic intellectual property litigation, structure and negotiate technology transactions, and we consult on long-term intellectual property strategies—all while navigating the antitrust laws.

Sometimes, however, the clash between intellectual property and antitrust can lead to litigation. Wilson Sonsini Goodrich & Rosati has a team of intellectual property litigators with deep technology and business expertise and a proven record of success. Our intellectual property litigators and antitrust attorneys work hand in hand when our clients either are the subject of antitrust claims or are seeking to use the antitrust laws to protect themselves against an unlawful exploitation of intellectual property laws.

For more about our intellectual property practice, click here.

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Life Sciences

Organizations in the life sciences industry increasingly are finding themselves in need of antitrust advice. Wilson Sonsini Goodrich & Rosati has developed a broad expertise in the field of life sciences. The firm's life sciences practice includes representation of more than 500 companies in biotechnology, biopharmaceuticals, drug discovery technology, genomics, medical devices, diagnostics, and healthcare services.

Our clients in these industries are turning to mergers and acquisitions as a strategic goal to grow and position themselves in competitive markets, and these transactions sometimes result in substantial consolidation. Our antitrust practice works with our life sciences attorneys to navigate the complex regulatory environment so that our clients' transactions are cleared by the FTC without delay. Additionally, we work with life sciences clients to represent their interests before the FTC when other companies engage in transactions that might threaten the competitiveness of their markets. Our life sciences and antitrust attorneys understand the nuances of our clients' businesses, as well as the intricate regulatory schema imposed by other federal agencies (such as the PTO and FDA) that often is a critical aspect of any investigation brought by the FTC.

Moreover, our life sciences clients also frequently engage in sophisticated licensing, joint venture, patent pooling, and standard-setting activities. Working with our life sciences attorneys, our antitrust team helps establish proper protocol and procedures to ensure that these business strategies do not infringe upon or violate any national or international antitrust laws.

For more about our life sciences practice, click here.

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Mergers & Acquisitions

The firm has a premier mergers and acquisitions practice that advises on the full range of M&A transactions involving domestic and foreign technology and growth business enterprises at all stages of development. We have unparalleled experience counseling business enterprises in a variety of negotiated and contested transactions, including mergers, asset purchases, spin-offs, exchange offers, tender offers, proxy contests, going-private transactions, and leveraged buy-outs. We advise clients in a diverse array of industries, including software, hardware, financial institutions, life sciences, media and entertainment, and retail.

In the area of M&A, the antitrust team at Wilson Sonsini Goodrich & Rosati has been called upon to defend many complex transactions before the FTC and DOJ, and has an unparalleled record of success. As examples, our attorneys represented Hewlett-Packard in connection with its acquisition of Compaq, The McClatchy Company in connection with its acquisition of Knight Ridder, Pixar in connection with its sale to The Walt Disney Company, and Ameritrade in connection with its acquisition of TD Waterhouse.

For more about our mergers and acquisitions practice, click here.

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Technology Transactions

Wilson Sonsini Goodrich & Rosati has more attorneys dedicated to technology transactions than any other firm in the world. Our attorneys negotiate hundreds of successful business and strategic collaborations that place our clients in optimal positions to succeed in today's complex global markets. Oftentimes, these transactions involve complex antitrust issues, requiring our technology transactions attorneys to work closely with our antitrust practice. Together, these attorney teams work to navigate these many rules, while they also maintain focus on—within the bounds of permissible conduct—clients' business objectives. They handle joint ventures, outsourcing deals, co-development arrangements, manufacturing and distribution agreements, standard-setting activities, and IP collaborations, such as patent pools and cross-licenses of technology.

For more about our technology transactions practice, click here.

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White Collar Crime and Internal Investigations

Our attorneys represent individuals and corporations that are either under investigation for or charged with violating federal and state criminal law. We have successfully defended clients in a wide range of cases, including those involving securities fraud, price-fixing, tax evasion, and insider trading, and frequently are called upon to represent companies and individuals in connection with inquiries and investigations by federal and state prosecutors and the Securities and Exchange Commission. Additionally, we assist boards of directors in the investigation of allegations of misconduct, whether in connection with pending litigation or prior to the commencement of any adversarial processes.

Our white collar crime and internal investigations practice has a solid grounding in the laws and rules associated with antitrust, and often counsels clients on antitrust compliance. Should a DOJ investigation commence, our attorneys are prepared to represent clients and, where appropriate, to exploit the DOJ's leniency procedures, which are complex, yet essential, in multiparty criminal investigations.

For more about our white collar crime and internal investigations practice, click here.

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