Antitrust and Unfair Competition > Unfair Competition and Consumer Protection

Akin Gump Strauss Hauer & Feld LLP has extensive experience handling consumer protection matters involving antitrust, marketing and promotions. Our experience and knowledge span the gamut of regulatory and compliance matters, government investigations and litigation, policy and legislation, and private lawsuits.

We have a long, successful history of resolving client matters before the Federal Trade Commission (FTC). We closely track the FTC’s policy and enforcement actions and are well known and respected by the Commission and its staff. We handle all areas of concern to the FTC’s Bureau of Consumer Protection (BCP), including investigations and enforcement actions under Section 5 of the FTC Act and other consumer protection-focused statutes. When our clients are the subject of an FTC inquiry, our practitioners are adept at handling the necessary factual investigation, advocating before relevant decision-makers and, when necessary, negotiating consent decrees or defending the enforcement complaints, if filed. We represent client interests in rulemaking procedures, policy studies and reports, industrywide investigations and legislative activity. Our FTC-focused lawyers frequently collaborate with our Congress-focused public law and policy advisors in these matters.

We advise on a range of BCP issues, such as behavioral advertising and shopper data tracking policy regulation; rebate and pricing practices in the retailing industry; deceptive health advertising, including health benefit claims on food products; financial regulation and credit reporting; and privacy, both related to data breach investigations and recent legislative activity. We defend companies under investigation by the FTC in the areas of advertising and marketing practices, privacy, service industry practices, telemarketing and credit practices. Our clients include numerous supermarket retailers, their suppliers and other related industry partners.

Akin Gump is frequently engaged and involved with state attorneys general, who can be aggressive in their pursuit of consumer protection matters. When state attorneys general investigate our clients in parallel or separate investigations, we develop strategies to minimize regulatory or prosecutorial overlap and coordinate defense of separate investigations. As a result, we have a track record of successful litigation against state attorneys general.

We have a strong and creative bench of trial lawyers who try cases in private consumer protection actions based on state consumer protection statutes, the Lanham Act or common-law causes of action. We also prosecute cases for corporate plaintiffs to vigorously protect trademarks, commercial relationships, reputation or goodwill. Our litigators efficiently handle discovery, including the ever-burgeoning issues related to electronic discovery. We are skilled—and consistently successful—at handling complicated procedural issues, included class certification. We have a proven track record of successful motions practice that can cut short expensive and time-consuming litigation or narrow a case and force plaintiffs into settlement.