The firm’s antitrust attorneys are dedicated to helping clients maintain their competitive edge, while guiding them through the full array of antitrust laws and regulations. To do so, our practice combines attorneys who have substantial experience in federal civil enforcement with trial lawyers who have litigated antitrust cases in state and federal courts across the country.

We are particularly well known for our work in the pharmaceutical, health care and high tech industries. Whatever the issue or industry, our goal is always to provide practical, knowledgeable and cost-effective antitrust services.

Much of the firm’s antitrust work arises from corporate transactions that require clearance from enforcement agencies. We understand that when a client pursues a merger, acquisition or joint venture, it wants the deal cleared by the government quickly and efficiently. Our antitrust attorneys guide companies through the Hart-Scott-Rodino premerger review process and coordinate filings around the world under foreign competition law.

We also handle other types of governmental investigations and enforcement actions, including responding to grand jury subpoenas, appearing with witnesses at investigative interviews, and defending clients at trial. Our antitrust attorneys draw upon their years of experience working with officials and staff at the Federal Trade Commission and the Justice Department’s Antitrust Division.

In connection with private antitrust litigation, Drinker Biddle attorneys have played a role in complex and high-profile cases, including representing defendants in large antitrust class actions, such as In re Baby Food Antitrust Litigation, In re Linerboard, In re Pharmacy Benefit Managers Antitrust Litigation, In re Oriented Strand Board, Dentsply Antitrust Litigation, In re Niaspan Antitrust Litigation, and In re Blood Reagents Antitrust Litigation.

To minimize the antitrust risk posed by the federal and state competition laws, we also focus on providing preventative counseling. A substantial portion of our counseling work is at the intersection of antitrust and intellectual property law, including standard setting, patent pools and IP licensing issues.


The firm’s antitrust practice covers the full range of counseling and litigation services that might arise from either government enforcement matters or private treble damage actions. Examples of our antitrust services include:

  • Guiding clients through the Hart-Scott-Rodino premerger review process.
  • Advising clients on compliance with “Second Requests” by the federal enforcement agencies.
  • Obtaining business review letters from the Department of Justice and staff Advisory Opinions from the Federal Trade Commission.
  • Defending companies in private treble damage actions in both state and federal courts.
  • Pursuing antitrust counterclaims in patent infringement litigation.
  • Advising corporate clients on “opt-out” rights in antitrust class actions.
  • Counseling in-house lawyers and business people on pricing and distribution issues.
  • Providing antitrust compliance training to business personnel.
  • Counseling physicians, hospitals and other healthcare providers on issues such as clinical and economic integration and use of the messenger model.
  • Drafting and reviewing provider and managed care contracts.
  • Advising healthcare providers on antitrust issues related to their medical staff, including advice on peer review, accreditation, and clinical privileges decisions.
  • Counseling patent holders and owners of other intellectual property on antitrust risks associated with various types of licensing transactions.

Selected as a Leading Law Firm for Commercial Litigation

Chambers USA - 2018

Highly Recommended

Benchmark Litigation - 2019