Posternak Blankstein & Lund LLP is now Arent Fox. Read the press release

Antitrust & Competition Law

Trade associations and other nonprofits have unique antitrust and competition law needs. Frequently composed of competitors, trade associations need to be wary of communications between members that can be viewed as violations of antitrust laws.

An inopportune conversation between members at a meeting can lead to civil litigation and criminal charges. Trade groups also often receive subpoenas for documents and other information from civil plaintiffs and the government, in civil and criminal investigations and trials.

Services in this area include:

  • Helping clients respond to subpoenas by negotiating their scope with the requesting party
  • Answering document requests and interrogatories
  • Producing documents and other information
  • Defending depositions and defending clients at trial
  • Establishing trade groups, rules and bylaws

Clients include dozens of national trade associations in many industries, including health care and pharmaceutical distribution (the Healthcare Distribution Management Association, Visiting Nurses Association), automotive (the Motor and Equipment Manufacturers Association), biotechnology (the Biotechnology Industry Organization), retailing (the National Association of College Stores), food and beverage (National Soft Drink Association), construction (Associated General Contractors), agriculture (National Grain and Feed Association.) and consumer credit (National Foundation for Consumer Credit).