Concorrência e Regulatório

We regularly advise a diverse range of clients, from major multinational corporations to privately held companies and trade associations, on issues arising from antitrust and competition regulation (including consumer protection and advertising matters), acquisition of companies in the US defense and homeland security industries by non-US entities, international trade regulation (including export control matters) and other forms of economic regulation (including government contracting issues). We offer know-how in the widely varied regulatory regimes of North America, Europe (including Central and Eastern Europe), Latin America and Asia.

Our greatest concentrations of resources are in Washington DC and Brussels, Belgium. From these two international regulatory centers, we provide antitrust and trade regulation counseling on business operations worldwide. Our lawyers are recognized experts in the field and pride themselves on responsiveness and client-driven problem-solving. When necessary, we have highly talented and experienced antitrust trial lawyers. Our trial teams have litigated a complete range of antitrust matters – from monopolization cases to dealer terminations to preliminary injunction matters.

Many of our antitrust, competition, trade regulatory lawyers can bring to bear direct experience with these practice areas, having spent portions of their careers with the US Federal Trade Commission (FTC), the Department of Justice, the International Trade Commission or the European Commission. The breadth and expertise of the Squire Sanders antitrust and trade team allow us to achieve our clients' objectives in an expedited and cost-effective manner.

The group prides itself on its counseling ability – so that clients can avoid costly litigation through preventive counseling. Our clients routinely rely on our advice in a wide variety of contexts including the formulation and implementation of distribution programs, the structuring of licensing arrangements, the sharing of competitively sensitive information, participation in standards setting associations, and in the planning of complex business combinations that raise competitive issues. As with all the group's activities, our counseling efforts are often international in scope.

Áreas de atuação

• Acesso ao Mercado e Organização Mundial de Comércio
• Comércio Exterior e Controle de Exportação
• Contratos Governamentais
• Cumprimento ao FCPA ("Foreign Corruption Practices Act")
• Direito Regulatório Americano
• International Trade Remedies and Enforcement
• Litígio Antitruste e Investigações do Governamentais
• Regras de não competição nas Fusões e Aquisições e outras formas de transações

Representative Experience

• Advising Advanced Testing Technologies, Inc., a US-based producer of automatic testing equipment for advanced commercial and military aircraft, in negotiating and drafting contracts and in obtaining US State Department approvals for the export of defense articles and defense services in support of NATO and Middle East programs involving automatic test equipment and direct manning personnel for the F-15, AWACS and other aircraft.
• Representing a world leader in engineering and manufacturing in its acquisition of a privately held leader in the development of information assurance technologies that enable secure networks for military, intelligence and law enforcement customers.
• Representing the publicly traded owner-operator of a nationally prominent group of seasonal amusement parks in its US$1.24 billion acquisition of a group of five large amusement parks. The purchase agreement was reached through intensive negotiations and an auction process that included more than 40 bidders. We also represented the client in a US$2 billion bridge financing for the cash transaction that closed simultaneously with the acquisition and in the subsequent US$2 billion permanent financing.
• Defending a Taiwan-based airline in a US criminal antitrust investigation and related civil cases.
• Representing defense contractor Advanced Testing Technologies, Inc. in government investigations into possible export violations.
• Advised major US-based power company on trade barriers and regulatory issues in Kazakhstan. We developed a case before US agencies, and advised our client on a strategy to solve their problems.
• Serving as counsel to the purchaser, a publicly traded, Japan-based global printing and printing products company, in its US$650 million acquisition of the stock of one of the leading worldwide producers of photomasks, used in the manufacture of semiconductors; the company operates the industry's most expansive global photomask production network, spanning China, France, Germany, Japan, Korea, Singapore, Taiwan and the United States.
• Advising a large Germany-based defense contractor on CFIUS and defense security service approvals for acquisition of a cleared US contractor and participation in other government programs.
• Advising a major US-based producer of fuel additives in its purchase of an entire metalworking product line from a private company based in Pennsylvania. We represented our client in a merger investigation before the Federal Trade Commission.
• Representing a major insurance provider in Japan’s postal privatization. We worked to ensure that postal regulations were pro-competitive and enabled foreign investors to compete against the newly formed Japan Postal companies.