Antitrust Investigations

In addition to our representation of clients in merger investigations, Vinson & Elkins has a long track record of representing companies and individuals in antitrust and unfair competition investigations by government agencies. In the U.S., the Sherman Act is a civil and criminal statute so our clients face potential criminal and civil liability. Our team has years of experience defending clients in criminal and civil investigations.

There are five types of non-merger antitrust and unfair competition investigations that our clients may face:

• Criminal Grand Jury Investigations: In the United States, the most serious investigations are criminal grand jury investigations conducted by the DOJ’s Antitrust Division involving price fixing, bid rigging, and market allocation.
• FTC/DOJ Civil Investigations: The Federal Trade Commission and DOJ investigate competitor collaborations and monopolization matters. The FTC also investigates conduct that could be considered unfair methods of competition, such as false advertising and data security breaches.
• Worldwide Agency Antitrust Investigations: More than 120 countries have antitrust enforcement regimes. These authorities investigate cartel and abuse of dominance conduct as well as other forms of unfair conduct.
• Congressional Investigations: The U.S. Congress with antitrust committees in both the House and Senate routinely investigate antitrust conduct.
• State Attorneys General Investigations: In our federal system, states investigate and enforce their own antitrust and unfair competition laws, sometimes in addition to or in conjunction with federal investigations.

We represent our clients in all of these types of investigations and have achieved successful results for our clients in many different investigations. We provide below more details on our capabilities and experience.

Grand Jury Cartel Investigations: One of our strengths is representing companies and individuals ensnared in criminal grand jury investigations of price fixing, bid rigging, and market allocation. We have represented corporate and individual clients in almost every major criminal antitrust investigation over the last two decades. Partnering with our Government Investigations and White Collar practice, our Antitrust team includes experienced former DOJ prosecutors and seasoned defense lawyers who effectively defend companies and individuals summoned before grand juries or indicted for alleged antitrust offenses. We have represented clients in such diverse industries as transportation, financial services, computer products, steel, chemicals, energy services, real estate, consumer products, and food and beverages.

We are one of the leading firms representing companies involved in multi-jurisdiction cartel investigations. Our representations have included both domestic and foreign companies as well as individuals in connection with alleged international conspiracies. We have deep experience navigating the complexity of defending multiple simultaneous investigations of cartel conduct.

In addition to Fortune 100 companies, we also represent individuals in antitrust investigations. Individuals face potential jail sentences (up to 10 years) and fines. Our lawyers have represented senior executives and other key employees in many investigations. We work with individuals to develop the best strategies to defend them; the ultimate goal is to try to convince the enforcement authorities not to prosecute our client.

Recently, the U.S. government has formed a multi-agency Procurement Collusion Strike Force to focus on enforcement against potential bid rigging in public procurement, which is considered cartel conduct. The Strike Force has been busy: at least two dozen of DOJ’s open grand jury investigations reportedly involve public procurement. Partnering with our Government Contracts practice group and with deep knowledge of the contracting process, our experienced team is well-positioned to effectively defend companies and individuals in these investigations.

Civil DOJ/FTC Investigations: Vinson & Elkins lawyers have represented clients in multiple civil investigations by the DOJ and FTC. Our experience runs the gamut: from representing clients in civil investigations involving joint ventures, teaming agreements and other competitor collaborations, to monopoly investigations, to cases involving consumer protection issues and data privacy before the FTC.

Our team includes lawyers who were former senior enforcement officials at the FTC and DOJ. We have worked on some of the largest civil investigations conducted by the agencies. With our strong team, we can develop strategies for companies under investigation by the U.S. antitrust agencies.

Worldwide Agency Investigations: We regularly advise and represent Fortune 100 clients in jurisdictions outside of the United States. Our lawyers have experience in many jurisdictions and travel the world to defend our clients. We have appeared in front of competition agencies in Europe (including the European Commission), Australia, Brazil, Japan, South Korea, Taiwan, the United Kingdom, China, and Canada.

We have defended clients in investigations of abuse of dominance, particularly on technology issues. In these investigations, our representation often includes coordinating a global strategy for numerous investigations to achieve successful results for our clients around the globe.

We are particularly experienced at representing companies and individuals in multi-jurisdiction cartel investigations. The impact of cartel conduct is not usually confined to the borders of the United States and impacts jurisdictions throughout the world. We have an experienced team of lawyers who can navigate the complexities of a company facing multiple investigations in multiple jurisdictions.

Congressional Investigations: Congress is increasingly focused on antitrust issues. Working with our Government Investigations lawyers, we are well positioned to represent clients in front of Congress and in Congressional investigations. Our lawyers in our Washington office have worked for Congressional committees and members of Congress and know the ins and outs of Congressional investigations. With our experience, we are well positioned to represent our clients in antitrust and unfair competition investigations conducted by House and Senate committees.

State Antitrust and Unfair Competition Investigations: In our federal system, states also have vigorous antitrust enforcement agencies. Our clients regularly face antitrust and unfair competition conducted by state attorneys general and other state agencies. We have represented in clients in multiple state investigations involving all aspects of antitrust law with a particular emphasis on the energy sector. With our roots in Texas, we have vast experience in representing clients in front of Texas agencies. But our experience goes well beyond Texas with our lawyers regularly representing clients in front of agencies of other states, in particular California and Florida, which have been very active in their enforcement.