Vault Law Resource Center

Antitrust

Overview

Antitrust attorneys help companies navigate competition issues created by organic growth or acquisition under national and international laws and regulations. Antitrust attorneys straddle the line between litigation and corporate attorneys. They may advise about possible antitrust regulatory issues in an acquisition or other transaction and also represent companies in litigation, especially against the Department of Justice, Federal Trade Commission, or similar foreign government agencies. The stakes in antitrust cases can be very high “bet the company” litigation and involve complicated, sophisticated issues that can turn on minute details. Antitrust lawyers tend to be smart, methodical, and cerebral. Antitrust practitioners work across industries, and each engagement requires the attorneys to understand the products or services at issue, how they are made, how they are sold, how firms compete, and how they collaborate. It is common for antitrust attorneys in the U.S. to spend at least part of their careers working for the Department of Justice or FTC.

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Practice Area Q&A’s

Because experience in antitrust issues is so highly sought out in the current market, the skills gained in antitrust prove valuable for a variety of career paths and provide opportunities to work across sectors.

— Anna Rathbun , Latham & Watkins LLP

People often don’t know whether to categorize antitrust as litigation or corporate law, but antitrust is the closest you can get to a hybrid between the two areas. … I find the hybrid nature of antitrust especially exciting because, unlike most lawyers, I’m not pigeon-holed into one type of legal work.

— Scott Sher , Paul, Weiss, Rifkind, Wharton & Garrison LLP

[Antitrust] is a ‘destination’ practice that is strategically critical to the firm. It is a vibrant, stand-alone, global practice that often works closely with the M&A team. Companies appreciate the value in providing resources to an antitrust defense, as many of these matters are bet-the-company cases, since the issues often boil down to whether the company is becoming too powerful in the marketplace.

— Brian Byrne , Cleary Gottlieb Steen & Hamilton LLP

I find antitrust cases to be dynamic and intellectually rigorous. We constantly need to keep abreast of the law and enforcement priorities of the various governmental agencies that may impact our clients’ businesses.

— Sheila R. Adams James , Davis Polk & Wardwell LLP

When clients are seeking antitrust advice, they want clear and practical counseling to help guide their business decisions. Being able to distill complex legal and economic theories into advice that speaks to executives is key.

— Courtney Dyer , O’Melveny & Myers LLP

Clients often turn to outside antitrust lawyers to help their employees understand best practices when it comes to compliance. An antitrust litigator should be prepared to practice in a courtroom, a boardroom, and a conference room.

— J. Frank Hogue , White & Case LLP

And the stakes are high because of the direct effects on consumers: Real people either suffer or benefit from the outcomes arising from antitrust enforcement, decisions, and changes.

— Noah Joshua Phillips , Cravath, Swaine & Moore LLP

This is a great time to be in antitrust as we’re all figuring out the current landscape together. Joining an antitrust practice when there is a lot of change means there will be no shortage of opportunities to do novel, engaging work.

— Kristin Sanford , Weil, Gotshal & Manges LLP