Antitrust

Wiley’s Antitrust attorneys bring together seasoned antitrust litigators, former senior government enforcers, and industry‑focused regulatory lawyers to help clients anticipate risk, respond to investigations, and navigate high‑stakes matters where business objectives, regulatory policy, and competition law intersect. Drawing on Wiley’s deep roots in Washington, DC, we provide practical, policy‑aware advocacy informed by a nuanced understanding of how antitrust enforcement actually works.

Antitrust compliance, enforcement, and litigation are mission‑critical issues across virtually every sector of the U.S. economy. Heightened scrutiny by the Federal Trade Commission (FTC), the U.S. Department of Justice (DOJ) Antitrust Division, state Attorneys General, and private litigants has increased both the legal and business stakes for companies operating in heavily regulated and fast‑moving markets.

What we do.

Our team advises clients at every stage of the competition‑law lifecycle – from proactive counseling through investigations, enforcement actions, and complex litigation.

Antitrust Investigations and Enforcement Defense

Working closely with Wiley’s White Collar Defense & Government Investigations team, we represent companies, trade associations, and individuals in civil and criminal antitrust investigations, including:

• DOJ Antitrust Division criminal and civil investigations
• FTC investigations and administrative proceedings
• State Attorney General investigations
• Congressional and procurement‑focused inquiries

Our lawyers regularly guide clients through subpoenas, search warrants, interviews, and parallel multi‑agency investigations, coordinating defense strategies that account for both legal exposure and regulatory consequences. We are particularly experienced in matters involving alleged price fixing, market allocation, bid‑rigging, and procurement collusion.

Antitrust Litigation

Wiley’s nationally recognized litigators and appellate practice defend and prosecute antitrust cases under the Sherman Act, Clayton Act, and FTC Act in federal and state courts. Our litigation experience includes:

• Civil antitrust class actions and competitor disputes
• Monopolization and exclusionary‑conduct claims
• Merger‑related litigation and follow‑on civil actions
• Requests for preliminary and permanent injunctive relief
• Amicus briefs in government and private antitrust enforcement

We routinely handle high-stakes matters, combining rigorous legal analysis with economic and industry insight to present clear, persuasive arguments to courts and regulators alike.

Antitrust Counseling and Compliance

We help clients structure day‑to‑day business practices to manage antitrust risk in a rapidly evolving enforcement landscape. Our counseling work includes guidance on:

• Competitor collaborations, joint ventures, and data‑sharing arrangements
• Distribution, pricing, and vertical‑restraint issues
• Trade association activities, membership rules, and information exchanges
• Participation in standard‑setting organizations
• Patent‑antitrust and IP‑competition issues
• Domestic and international mergers and acquisitions, including evolving DOJ/FTC merger guidelines
• Labor market and competition issues, including non-solicitation, no-poach, no-hire agreements and noncompete agreements

We also design and implement tailored antitrust compliance programs, conduct executive‑level and workforce training, and advise on leniency and self‑reporting considerations.

Antitrust Mergers and Acquisitions

Wiley advises clients on the antitrust aspects of mergers, acquisitions, divestitures, and joint ventures, with particular strength in transactions involving regulated industries and multi-agency review. We work with deal teams from the earliest stages of a transaction to assess antitrust risk, shape transaction structure, and develop strategies for securing timely government approval.

Our lawyers guide clients through all phases of the merger review process, including:

• Early antitrust risk assessment and transaction planning
• Hart-Scott-Rodino (HSR) analysis, filings, and strategic disclosures
• DOJ and FTC merger reviews, including clearance, timing, and agency coordination
• Second Requests, investigational responses, and advocacy before the agencies

Our approach integrates Wiley’s leading regulatory and industry practices, including government contracts, international trade, technology and telecommunications. This interdisciplinary approach allows us to address antitrust issues alongside transaction-critical regulatory approvals, particularly in complex, highly regulated deals.

We also advise clients on evolving DOJ and FTC merger enforcement priorities and guideline revisions, helping transaction teams anticipate heightened scrutiny, manage timing risk, and preserve deal flexibility in an increasingly demanding review environment.

Representative Experience

Wiley's recent antitrust experience includes:

• High‑Stakes Antitrust Litigation:
  • Defending broadcast companies against price-fixing allegations in connection with retransmission consent fee negotiations.
  • Defending companies in complex civil antitrust litigation in federal and state courts, including monopolization, bundling, and price‑fixing claims, with experience litigating preliminary injunctions, liability phases, and parallel civil‑criminal matters.

• Antitrust Investigations and Criminal Enforcement:
  • Representing companies and senior executives in criminal and civil investigations involving alleged price fixing, bid‑rigging, and market allocation, including matters arising from government contracting and procurement programs.
  • Advising companies that have received outreach or requests for information from government agencies, including the DOJ Antitrust Division and FTC.

• Mergers, Regulated Transactions, and Industry Oversight:
  • Advising clients on antitrust issues arising in mergers and acquisitions, healthcare and insurance transactions, and regulated‑industry consolidations, including responding to agency subpoenas, navigating merger investigations, and monitoring evolving DOJ/FTC merger guidelines.
  • Drafting and managing pre-merger HSR notifications for review by the FTC and DOJ
• Antitrust Counseling, Compliance, and Remediation:
  • Designing and implementing antitrust compliance programs; conducting executive and workforce training; advising on DOJ Antitrust Division leniency considerations; and guiding clients through remediation following investigations, including counseling on competitor collaborations, data‑sharing arrangements, tying analyses, and distribution restrictions.
• Trade Association Antitrust Governance:
  • Advising trade associations on antitrust compliance issues relating to meetings, membership activities, information exchange, and organizational governance, including the development of policies and practical guidance for association leadership and members.
• Competition Policy Advocacy:
  • Drafting advocacy to DOJ and FTC on proposed competition policy and enforcement approaches, and helping companies and trade associations advocate to DOJ and FTC for changes to competition policy.

Why we are different.

Deep Industry and Regulatory Integration

Wiley’s antitrust capabilities are distinguished by our seamless integration with the firm’s leading regulatory and industry practices, including Government Contracts; International Trade; Telecom, Media & Technology; Privacy, Cyber & Data Governance; Health Care; Food & Drug; and Environment & Product Regulation.

This blended approach allows us to address antitrust issues not in isolation, but in the full regulatory and commercial context in which our clients operate – often a decisive advantage in investigations and enforcement matters involving procurement, regulated markets, or emerging technologies.

Insight from Former Government Enforcers

Our antitrust team includes lawyers who have served in operational and leadership roles at the FTC and DOJ, bringing invaluable perspective on agency priorities, investigative processes, and enforcement discretion. That experience enhances our credibility with regulators and helps us position clients’ arguments in ways that resonate with government audiences.

An Interdisciplinary, Single‑Office Model

Wiley’s single‑office structure fosters daily collaboration among antitrust litigators, regulatory specialists, and industry experts. This model enables us to assemble lean, integrated teams that move quickly, communicate efficiently, and deliver cohesive strategies – especially critical when competition issues overlap with trade, procurement, telecommunications, or national security considerations.