Professionals >

Contacts >

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

FTC Updates – October 2021 (October 19, 2021). Authors: Cheryl A. Falvey and Tiffany Aguiar.
FTC Updates – September 2021 (October 11, 2021). Authors: Cheryl A. Falvey and Tiffany Aguiar.
"State Attorney's General Update: Trends and Areas of Interest for Consumer Products Retailers," Retail Industry Leaders Association Consumer Products Committee Virtual Meeting (October 5 - 6, 2021). Speakers: Toni Michelle Jackson and Michael Yaghi.
"CPSC Recall Trends, Communications and Recall Effectiveness," Retail Industry Leaders Association Consumer Products Committee Virtual Meeting (October 5 - 6, 2021). Speakers: Cheryl A. Falvey and Carolyn W. Wagner
"Anticorruption/ FCPA," Retail Industry Leaders Association Consumer Products Committee Virtual Meeting (October 5 - 6, 2021). Speakers: Derek A. Hahn and Tiffany Wynn
"Chemicals & Hazmat Transportation," Retail Industry Leaders Association Consumer Products Committee Virtual Meeting (October 5 - 6, 2021). Speakers: Jennifer A. Giblin and Warren Lehrenbaum
Commercial Lease Disputes During the Ongoing Pandemic: The Second Wave (September 15, 2021). Authors: Gregory D. Call, Tracy E. Reichmuth and Sigourney R. Haylock.
Recalls in Review: Recall Trends in 2021 (July 30, 2021). Authors: Carolyn W. Wagner, Colleen Johnson and Aryeh Mellman.
ESG from a European Perspective (June 8, 2021). Authors: Judith Bussé and Blanche Devos.
AG Alliance Highlights New Trends in Organized Retail Crime (May 24, 2021). Authors: Michael Yaghi and Carissa Wilson.

To view more News & Events for this area, please go to our desktop site.

Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

View Desktop Site | Mobile Sitemap |

Contact | Subscribe | Terms of Use | Privacy Statement | Alumni

© Crowell & Moring LLP 2021
Attorney advertising - prior results do not guarantee a similar outcome.