Antitrust and Trade Regulation

The Antitrust and Trade Regulation Practice of the Fowler White Boggs Banker Litigation Department combines both office practice skills and litigation experience in a variety of substantive areas.

As a result of our substantive focus, the Antitrust and Trade Regulation Practice lawyers have extensive, substantial antitrust experience with consulting clients about the legalities and practicalities of product/service distribution arrangements. We regularly counsel clients about vertical price and nonprice distribution arrangements under the Sherman Act, the Clayton Act, the Robinson-Patman Act, and various state statutes, including the Florida Antitrust Act and the Florida Deceptive and Unfair Trade Practices Act. We also have defended clients against monopolization, attempted monopolization and tying claims, in both federal and state courts in Florida. The Antitrust and Trade Regulation Group has also represented clients dealing with antitrust investigations conducted by the Florida antitrust authorities, including those dealing with civil investigative demands for testimony and documentation.

The lawyers in this practice also regularly counsel clients about, and litigate claims involving, noncompetition and nonsolicitation agreements.

In addition to practicing in the foregoing areas, the Antitrust and Trade Regulation Practice lawyers are also experienced with counseling clients about, and litigating, franchising and other statute-governed distribution arrangements (e.g., the Federal Automobile Dealers' Day In Court Act, the Florida Motor Fuel Marketing Practices Act, various alcoholic beverage distribution statutes, and other state distributor-protection statutes). Such litigation frequently involves claims for tortious interference with advantageous business relationships, common-law unfair competition, libel and slander, trade disparagement, unfair competition, and other related claims, and we have broad experience with those claims.

The hallmark of our practice is our extensive experience with handling claims for preliminary injunctive relief in state and federal courts. We pride ourselves on our ability to focus on critical facts at very early stages of legal proceedings and prosecute or defend preliminary injunction proceedings expeditiously and efficiently.

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