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Practice Overview

Antitrust Litigation, Regulatory Clearance and Advisory

Antitrust is, and has always been, one of Cravath’s core practice areas. The fact that so many of Cravath’s litigators are experienced in antitrust matters means that Cravath brings an unparalleled “depth of bench” to our practice. Our antitrust practice covers three broad areas: litigation, advisory and investigatory (which includes transactional and non‑transactional investigations and regulatory clearance).

Cravath ranked as a first‑tier firm for antitrust law and antitrust litigation in the U.S. News & World Report‑Best Lawyers “Best Law Firms” survey from 2011 through 2019 and was named one of Law360’s Competition Practice Groups of the Year in 2016. Cravath has also been recognized as one of the leading antitrust firms in the nation for over a decade by Chambers USA: America’s Leading Lawyers for Business, Chambers Global: The World’s Leading Lawyers for Business and The Legal 500 United States, as well as by Benchmark Litigation since the publication’s inception in 2008. From 2010 through 2018, GCR 100: A Guide to the World’s Leading Competition Law and Economics Practices ranked Cravath as an “elite” U.S. firm for competition law, the highest tier awarded by that publication. From 2013 through 2016 and in 2018, Cravath received the Gold Award for “Best USA Competition & Commercial Law Firm” at the International Legal Alliance Summit & Awards (ILASA).

The antitrust litigation matters we handle cover the entire spectrum from managing consumer class actions spread across the country to handling suits by a single plaintiff in a single jurisdiction. The Firm has acted as defense counsel in numerous lawsuits involving claims arising under Sections 1 and 2 of the Sherman Act, including matters alleging price fixing, tying, refusals to deal, monopolization and attempted monopolization. We have also, on occasion, acted on behalf of antitrust plaintiffs.

Cravath has an active antitrust advisory practice. Advisory work can present some of the most complicated, unusual and high‑stakes antitrust issues for a client. There is a need to balance a client’s request for analytically correct antitrust advice with an understanding of business realities. We approach the providing of antitrust advice not just as giving the “answer” to whether particular conduct carries risk or penalties, but also as asking us to assist the client in finding the right and workable business solution. Cravath advises clients in a variety of industries, including cable, media, pharmaceuticals, consumer products, technology, telecommunications, transportation, manufacturing and financial services.

In addition to antitrust litigation and advisory work, Cravath handles antitrust‑related governmental investigations. The most straightforward investigations are connected with transactions. We have an active antitrust merger practice in which we provide advice and representation regarding all aspects of obtaining regulatory clearance. Apart from merger‑related work, we also handle a variety of public and non‑public investigations by the U.S. Department of Justice and Federal Trade Commission. These investigations can relate to allegations of price fixing, coordination in output, monopolization or possibly industry‑wide conspiracy allegations.

Whatever type of antitrust matter we are handling, we bring tremendous depth and experience along with our national reputation for top‑quality legal work and credibility.