ANTITRUST

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          Baker & Miller PLLC (“the Firm”) was founded to focus on antitrust and international business issues.  As the Firm has grown, our practice areas have expanded somewhat, but antitrust issues remain paramount.  In fact, as the Global Competition Review 100  reported recently, “Baker & Miller is the only US-led firm where competition accounts for more that 70 percent of the practice.”  The Firm’s attorneys have written and spoken extensively about cartels, intellectual property antitrust, distribution, joint ventures, mergers, antitrust in regulated industries and antitrust exemptions.  The Firm acts consistently as both defenders and challengers of transactions and business practices.  Furthermore, Baker & Miller is often retained to guide other law firms through the antitrust process.

 

While Baker & Miller has handled competition law and policy matters of virtually every type, it has tremendous experience in the following areas:

•                     Mergers and Joint Ventures     

 

•                     Cartel Enforcement/Litigation                                  

•                     Theory Development/Litigation

•                     Counseling

 

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MERGERS AND JOINT VENTURES

Founding partners Donald Baker and W. Todd Miller are recognized experts in both international merger control and antitrust analysis of joint venture establishment and operation.  Over the past  ten years, the Firm has acted for numerous companies proposing or opposing transactions, both in the U.S. and abroad.  In addition, Mr. Baker has authored a well-known book on international mergers (now in its third edition) that greatly clarified the antitrust analysis of joint ventures.  

 

Very recent matters include:

Coming soon

 

 

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CARTEL ENFORCEMENT AND LITIGATION

Among other matters, Baker & Miller is currently and centrally involved in the Vitamins Antitrust Litigation, the largest cartel matter in history, as the lead U.S. counsel for one of the foreign companies involved.  This effort not only requires the management of over 50 class action cases in various federal and state courts, it also requires defense against investigations by the U.S. Department of Justice and cartel enforcers around the world. 

 

The Firm has also been actively engaged for corporations and individuals in several grand jury investigations.  Our grand jury work for corporations often requires us to assist and guide traditional corporate counsel through the grand jury process as well as to manage the increasingly important international aspects of cartel enforcement.

 

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THEORY DEVELOPMENT AND LITIGATION

 

Coming soon

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COUNSELING

We pride ourselves on providing comprehensive, but to the point, practical legal advice.  Our substantial expertise in all areas of antitrust and our non-leveraged approach to the practice of law makes us well-suited for day-to-day or intermittent counseling projects.  Unless specifically requested by the client, we do not prepare lengthy legal memoranda. 

 

Our counseling activities have traditionally covered such areas as:

<                   Pricing (Robinson-Patman, Sherman Act issues)

<                   Intellectual Property (licensing, enforcement)

<                   Strategic Alliances (creation and operation of formal or informal joint ventures)

<                   International (risks of antitrust-oriented enforcement outside the U.S. )

<                   Distribution (price and non-price restraints for both suppliers and distributors)

<                     Exemptions and Immunities (including application of antitrust to regulated sectors)