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Today’s global economy has had a dramatic impact on antitrust policy and practice. More antitrust cases than ever before have international aspects, whether because the parties involved come from countries other than the United States, because the conduct at issue in a particular matter is subject to enforcement by multiple antitrust authorities, or because criminal or civil discovery has a transnational dimension. Morgan Lewis’s antitrust lawyers have substantial experience anticipating and addressing the complex issues that arise in these situations.
We have developed substantial experience handling multi-jurisdictional and multi-national matters. We regularly represent non-U.S. companies facing U.S. government enforcement actions and private litigation, and have successfully obtained dismissals for clients based on a lack of subject matter or personal jurisdiction. Where such strategies are unsuccessful, we work closely with non-U.S. clients to develop discovery strategies that take into account the complexity of U.S. discovery for non-U.S. offices and executives. Our experience also allows us efficiently and effectively to represent clients seeking a U.S. forum for their disputes with non-U.S. entities.
Where a foreign client faces the possibility of U.S. Department of Justice (DOJ) criminal enforcement, where possible, we work closely with the client and the DOJ to resolve the matter as quickly and favorably as possible, taking into account the possibility of enforcement from other countries’ antitrust authorities. When early resolution is not desirable, we are experienced in defending such clients by using appropriate procedural, as well as substantive, defenses. We regularly serve as international coordinating counsel on such matters, advising clients on the development of a single comprehensive strategy that addresses all potential challenges, whether asserted by government authorities and/or private parties.
Our offices in Brussels, Frankfurt, London, Paris and Tokyo enable us to draw from a broad array of resources to represent international clients in the most efficient manner possible. We also work closely with other Morgan Lewis practices and develop our legal teams depending on the particular circumstances and needs of each client we represent.