Antitrust and Unfair Competition > Antitrust Agency Investigations

Federal and state antitrust agencies have wide jurisdiction to investigate a company’s conduct if the agencies believe that conduct may be adversely affecting the competition. An investigation by the U.S. Department of Justice (DOJ) Antitrust Division, the Federal Trade Commission (FTC) or one of the state attorneys general can be a complicated undertaking that could result in a court order with a lasting impact on a company, an industry, or both. In addition to Akin Gump Strauss Hauer & Feld LLP’s experience guiding companies through agency investigations of mergers and acquisitions, we represent clients who are subjects or third-party witnesses in other civil antitrust investigations by state and federal antitrust agencies.

Engaging lawyers with a thorough understanding of such investigations is a critical first step in understanding the available options in an investigation and securing the best possible outcome. We have deep experience with the DOJ and the FTC, including through personal experience—several of our attorneys have served in those agencies. We also have first-hand experience with the most active state antitrust authorities. We draw upon this broad knowledge to help our clients develop strategies regarding agency investigations, including:

  • helping clients develop a plan to respond efficiently to agency document requests
  • preparing clients to respond effectively to requests for testimony from the agencies
  • engaging expert economists when appropriate
  • providing recommendations on obtaining the best possible outcome, ranging from negotiating an end to the investigation to litigating the matter in court.