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Covington has extensive experience representing companies that have become the focus of civil antitrust investigations by the Department of Justice, Federal Trade Commission, state attorneys general, and European Commission. One of our partners, John Graubert, served for the last nine years as Deputy General Counsel at the FTC before coming to Covington. The firm also has represented numerous third-parties to such investigations, including complainants. Drawing on that experience, we seek to bring practical judgment to achieve the most favorable possible outcomes for our clients.
Covington has assisted clients in responding to investigations in a wide-range of areas, including pricing practices, distribution issues, competitor collaborations, and issues arising in connection with high-technology industries and intellectual property. In addition, we have helped clients to minimize the burdens that broad government requests for documents, information, and witnesses can place on a company. We also have assisted clients in rulemakings before the FTC, and assisted them in obtaining modifications or terminations of longstanding antitrust consent decrees. And, we have secured numerous business review letters, advisor opinions, and informal rulings on behalf of our clients.
Representative Matters
- Represented a major US transportation company in an Antirust Division investigation into allegations of anticompetitive behavior in a commodities shipping market.
- Represented a leading internet real estate broker in the DOJ investigation of the National Association of Realtor's rules on internet access to multiple listing system (MLS) data, which ultimately led to a Sherman Act challenge by the US in September 2005.
- Represented a high-tech firm in a FTC investigation of potential standard setting abuses relating to computer hardware.
- Advised a substantial consumer products company with respect to a multi-state investigation involving resale price maintenance issues.
- Represented a leading electricity company in DOJ and multiple state attorney general investigations relating to allegations of monopolization or manipulation of wholesale and retail electricity markets.
- Represented a waste hauling business in connection with investigations of asset divestiture transactions by State Attorney General’s office.
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