Antitrust and Trade Regulation

Now more than ever business faces a complex web of federal and state antitrust, consumer protection and competition laws. For more than forty years, Stein, Mitchell & Muse (SM&M) has helped companies and trade associations navigate antitrust cases and trade regulation issues.

Our attorneys have represented clients in industries such as automobile parts manufacturing and distribution, professional golf, cable television, nuclear energy, home improvement sales, motor vehicle retail sales, grocery manufacturing retailing, land development and promotion, consumer credit and collections, health care and retail sales and distribution. We have unparalleled experience in investigating, advising, and litigating:

> Mergers and Acquisitions
> Joint Ventures
> Monopoly Practices
> Alleged Horizontal and Vertical Restraints
> Franchise Law
> Robinson-Patman Act
> Trade Association Laws
> Advertising
> Credit and Collection Practices
> Telemarketing Practices
> Financial Privacy

SM&M has handled hundreds of federal and state judicial and administrative matters, including the following:

  • Advising companies with respect to antitrust implications of acquisitions, and prepared and filed premerger notification forms with the Federal Trade Commission and Department of Justice.
  • Successfully defending a private antitrust suit alleging monopolization, predatory activity, and conspiracy against a television/radio/newspaper company in the District Court for North Dakota. Summary judgment for the defendant was upheld by the United States Court of Appeals for the Eighth Circuit. Midwest Radio Co. v. Forum Publishing Co., 942 F.2d 1294 (8th Cir. 1991).
  • Obtaining a $4.7 million judgment in a suit for wrongful termination of an automobile franchise.
  • Representing an association of automobile dealers charged by the FTC with unlawfully agreeing to reduce sales hours. In re Detroit Auto Dealers Association, 955 F.2d 457 (6th Cir. 1992).
  • Persuading the FTC in 1995 to close its high-profile five-year investigation of the PGA TOUR.
  • Successfully defending a complaint brought by the Federal Trade Commission challenging an acquisition in the automotive parts industry where the combined market share of the acquiring and acquired firms in a highly concentrated market was approximately 50 percent. In re Echlin Manufacturing Co., 105 F.T.C. 410 (1985).
  • Successfully defending a private antitrust suit against a major supermarket chain alleging a group boycott to block a prescription benefits plan for employees of the State of Maryland. Merck-Medco Managed Care, Inc. v. Rite Aid, et al., Civ. Act. No. L96-499 (D. Md) (summary judgment for defendant).
  • Defending Home Shopping Network, Inc. against FTC allegations of unsubstantiated advertising claims.
  • Defending numerous targets of FTC investigations which were closed without the issuance of complaints, including matters related to consumer advertising, advertising of leasing and credit terms, debt collection practices, and association rules.
  • Participating in rulemaking proceedings involving used cars, physical fitness centers, the FTC's Telemarketing Sales Rule, and holder-in-due-course provisions in consumer contracts.

For new cases involving antitrust and trade regulations matters, contact Glenn Mitchell, David Fierst, or Andrew Beato, or fill out our online contact form.

To see a list of all our practice areas, click here.