Sorting the matter into the right category
Antitrust matters usually fall into a handful of types that call for different responses. Transactions may require a premerger notification under the Hart-Scott-Rodino Act and a waiting period before closing, depending on their size. Day-to-day conduct questions involve pricing, distribution, contacts with competitors, and hiring practices. Government inquiries range from voluntary requests to compulsory process. Sometimes the company is the one harmed, by a supplier's refusal to deal, a rival's exclusive arrangements, or a buying group that seems coordinated. Getting the category right first saves time and money, because the people, documents, and deadlines differ for each.
If your company is the one harmed
Businesses often come to us believing a larger player has treated them unfairly, and many of those situations are not antitrust violations. Hard bargaining, tough competition, and losing a customer to a better offer are generally lawful. Antitrust claims require harm to competition itself, not only to one competitor, and they tend to be costly to bring. Other routes may fit better, such as a contract claim, a business tort claim, or a complaint to the FTC, the Justice Department, or the New York Attorney General, which can open an inquiry without you filing a lawsuit. Bring the contracts, the correspondence showing what changed, and any data on prices, volumes, or lost accounts.
Getting a fast first read
For most antitrust matters, an early assessment can be done quickly if the facts are laid out plainly: who the parties are, what they sell, how the market is structured, and what happened. We then say whether there is a real antitrust question, what kind it is, and what the next step would cost in time and money. If a deadline is involved, such as a government return date or a merger timetable, that becomes the first priority. If the issue is better handled under contract or commercial law, we say so. You leave the first conversation knowing which kind of matter you have and who needs to be involved.
