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Crowell & Moring offers real-world, practical antitrust advice to retail industry clients regarding their pricing practices, distribution chains, and other business issues that can arise when managing relationships with customers, suppliers, licensors, licensees, and competitors.

Retail industry clients of all kinds—from international, national, and regional brick-and-mortar retailers to pure-play online e-commerce operators—regularly call on us for counseling and advice on a wide range of issues, including:

  • Pricing practices, strategies, and policies, including MAP or other resale pricing policies
  • Distribution issues and managing relationships with suppliers, customers, licensors, and licensees
  • Drafting, reviewing, and negotiating distributorship, sales representation, supply, and franchise agreements and programs
  • Participation in trade associations and other industry collaborations
  • Compliance policy and program implementation, counseling, and training
  • Representation in government investigations as well as government and private litigation
  • Domestic and cross-border collaborations, joint ventures, and M&A transactions

Clients regularly turn to our lawyers to provide customized advice, training, and representation in these areas to help them achieve their specific commercial goals while minimizing antitrust risk and maximizing compliance. Our attorneys have extensive experience working with national and international clients on domestic and cross-border pricing, distribution, and trade-relationship management matters, and combine in-depth sector knowledge with local experience and international best practices.

And when disputes arise, our clients look to our skilled and experienced lawyers for representation in antitrust and competition litigation, trade secrets litigation, and white-collar criminal defense in addition to general litigation.

Representative Engagements

  • Advising an online retailer in connection with a proposed FTC rulemaking.
  • Counseling a nationwide consumer products company with regard to an FTC antitrust investigation.
  • Defended an international retailer in consumer class action litigation alleging federal antitrust violations against all major retailers in the relevant industry.
  • Represented a retailer in defense of an industry-wide case alleging minimum resale price agreements among department stores and cosmetics manufacturers for prestige cosmetics and fragrances.
  • Provided antitrust counseling on a variety of distribution issues relevant to retailers, including distribution agreements, resale price maintenance and minimum advertised pricing, bundling and discounting, and price discrimination.
  • Advised retailers in connection with merger and acquisition reviews by government agencies.

View More

20 Miles Per Hour Divides NHTSA and CPSC Jurisdiction Over Micromobility Products (August 19, 2020). Author: Rebecca Baden Chaney.
Partisan Overtones Dominate Senate Confirmation Hearing for CPSC Chair Nominee Dr. Nancy Beck (June 17, 2020). Authors: Matthew Cohen and Byron R. Brown.
"Calls for Treaty on Marine Litter Continue During World Oceans Week," Environment & Natural Resources Law Alert (June 12, 2020). Contacts: Robert Holleyman, Clark Jennings, Ryan MacFarlane, Olivia Burzynska-Hernandez
Client Alert/Newsletter
Recalls in Review: Dresser Tip-Over (May 4, 2020). Authors: Carolyn W. Wagner and Cheryl A. Falvey.
Turning Fees into Funds: Maximizing Recovery in the MC/Visa Interchange Fee Litigation (March 9, 2020). Authors: Daniel A. Sasse, Deborah E. Arbabi, Charlene Sun and Christy Markos.
Recalls in Review: Stroller Recalls (February 28, 2020). Authors: Carolyn W. Wagner and Colleen Johnson.
CPSC Acting Chairman Adler: Renew Unilateral Safety Warnings and Civil Penalties (February 28, 2020). Authors: Matthew Cohen, Cheryl A. Falvey and Carolyn W. Wagner.
Voluntary Standards: Treat as “Voluntary” at Your Own Risk (February 25, 2020). Authors: Carolyn W. Wagner and Jessica D. Gilbert.
Clean Beauty…or Dirty Business? (February 19, 2020). Authors: Christopher A. Cole and Sari Schreiber.
Doing Business in China – Managing “Fapiaos” (February 4, 2020). Authors: Nicole Janigian Simonian, Jackson C. Pai, Evan Y. Chuck and Ye Zhou.

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, Brussels, and Shanghai.

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