Antitrust, Trade Regulation, Unfair Competition

Primary Contacts: B.J. Walker and Amanda Wofford

Rose Law Firm has a long history of guiding businesses and individuals through the complexities of federal and state antitrust, trade regulation, and business competition law. Now more than ever this expertise is indispensable to our clients, who seek Rose Law Firm’s assistance for education and compliance training, premerger counseling, transactional advice and structuring, and litigation. The Firm regularly works with clients facing unlawful acts by a competitor, former employee, or other party, or defending against claims of unlawful acts. Our strong experience includes matters involving:

Merger and acquisition analysis

Actual and attempted monopolization

Distribution issues and terminations

Price discrimination and horizontal, vertical, and predatory pricing claims

Trade secrets claims

Unfair competition and tortious interference claims

Breaches of fiduciary duties and duties of loyalty

Breaches of the duty of good faith and fair dealing

Customer and employee raiding

Covenants not to compete or solicit

Fraud and misrepresentation

Trade dress and product disparagement claims

Development and training in antitrust and competition law compliance

Clients for these services have come from a broad range of industries, including information technology, manufacturing, agriculture, construction, healthcare, and media.

Our clients appreciate our ability to address effectively the full range of their needs in the area of competition, from educating and training their employees on the do’s and don’ts of antitrust and competition law; to analyzing risks or effects of mergers and acquisitions; to guiding contract negotiations and drafting to avoid antitrust problems; to protecting them in the prosecution or defense of litigation of complex antitrust and business tort claims, whether for injunctive relief or monetary damages, in individual cases as well as class actions.

Among the variety of our antitrust work include:

  • Defense of numerous antitrust conspiracy class actions for international electronic manufacturers in both Arkansas and other states in the U. S., helping in such areas as discovery, depositions and related disputes with non-party corporations with whom the privacy counsel had conflicts. The testimony was important in opposing the Plaintiffs’ expert analysis.
  • Defense of antitrust conspiracy class action in the Northern District of Illinois for an international poultry producer. The matter is significant in that the Plaintiffs sought to limit information that companies in this industry may contribute to and receive from industry analytics organization, which could set a precedent in other industries as well.
  • Numerous successful prosecutions and defenses for publicly-held high-tech company of claims of breaches of covenants not-to-compete and misappropriation of trade secrets
  • Arkansas counsel for a variety of national manufacturing companies and financial institutions in Arkansas Deceptive Trade Practices Act and products liability class actions
  • Effective conflicts counsel for national and international manufacturing clients in defense of antitrust class actions
  • Defense of publicly-held company in individual and class-action Fair Credit Reporting Act and privacy claims, successfully resolved by summary judgment and negotiation
  • Lead counsel in defense of distributor termination litigation for two national beverage manufacturers
  • Training and counseling high-tech, manufacturing, and agricultural clients in privacy, antitrust, competition, and Foreign Corrupt Practices Act best practices

We understand and act on our clients’ strategic needs to address problems, attacks, and demands proactively; to avoid litigation where possible; to maintain good relationships with their customers, suppliers, and competitors; and to be prepared to go to trial when necessary.  Whether by negotiation, mediation, arbitration, or trial, in both offense and defense, our clients rely on us to handle their respective issues with competence, creativity, and efficiency, in partnership with them and with their particular business structure and goals at the forefront of our strategy.