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Antitrust & Trade Regulation

No matter the size of the company, antitrust laws are a critical concern. With the constant evolution of technology and growth of global markets has come an increase in competition in virtually every industry. In tandem, the volume and complexity of the laws that govern that competition have grown and evolved as well.

Success in the marketplace carries with it the concerns of antitrust and trade regulation laws, investigations, and litigation. Porter Wright attorneys counsel clients before these issues arise and defend client’s interests if they find themselves confronted with investigations and lawsuits. Our aggressive representation is complimented by longstanding and solid working relationships with federal antitrust enforcement agencies, particularly the Antitrust Division of the Department of Justice and the Federal Trade Commission, as well as state agencies.

In addition to handling complex private treble damage antitrust cases, including class actions, our attorneys have extensive complex commercial litigation experience. We counsel clients so that they can avoid litigation and effectively represent their interests when litigation is unavoidable.

We have substantial experience in advising agricultural firms and cooperatives on the applicability and reach of the Capper-Volstead Act antitrust exemption. Indeed, our focus in this area was recently noted in U.S. News/Best Lawyers 'Best Law Firms,' "Porter Wright Morris & Arthur is probably the best firm in the nation for understanding and handling Capper Volstead antitrust actions. Their knowledge in this area is unsurpassed and they are extremely good to work with." This comment appears on the U.S. News/ Best Lawyers 'Best Law Firms' website at bestlawfirms.usnews.com.

By structuring innovative and antitrust-compliant business models cooperatives can expand value-added marketing opportunities and increase returns to their members. Our attorneys have represented cooperatives in various government investigations conducted by the Antitrust Division of the Department of Justice and the Federal Trade Commission and have defended them in major, multidistrict antitrust litigation in federal courts. Our efficient representation of cooperative clients extends to federal court challenges under the Administrative Procedures Act to various rulemaking proceedings instituted by the Department of Agriculture.

Porter Wright attorneys also represent the interests of large, individual producers. From assisting producers to comply with a myriad of federal regulations involving payment limitations, commodity loan and disaster relief programs, and investigations of alleged fraudulent “schemes and devices” by the USDA Inspector General, to representing individual growers and ranchers in administrative hearings and procedures conducted by the Department of Agriculture.