Federal antitrust laws dictate the parameters within which companies and individuals engage in acceptable competition and business practices. As a result, these laws exert influence over virtually every entity involved in the production, distribution, sale, or purchase of goods and services. Ignorance or intentional disregard of the antitrust laws can have devastating consequences for companies and individuals, including jail time, criminal fines and restitution, and treble damages. Moreover, defending against antitrust allegations, whether initiated by governmental bodies or through private lawsuits, entails substantial expenses. In particular, criminal antitrust inquiries and prosecutions can inflict significant disruption on companies and their employees.

Yasir Elbiali has years of experience and a track record of success in helping companies navigate the federal antitrust laws so that they can eliminate or greatly reduce antitrust risk and pitfalls and achieve their strategic business goals. Prior to forming Elbiali Law, APC, Mr. Elbiali held a number of in-house positions with a particular focus on antitrust counseling and compliance, including:

  • Designated Antitrust subject matter expert during his tenure as Managing Senior Counsel of Panasonic Corporation of North America;
  • Associate General Counsel and Antitrust Director of Western Digital;
  • Global Antitrust Counsel for Saudi Aramco; and
  • Designated Antitrust subject matter expert during his tenure as Senior Counsel of Mitsubishi Electric & Electronics USA, Inc. 

As a result of his in-house Antitrust experience, Mr. Elbiali has participated as a speaker and faculty member at a number of Antitrust conferences over the years, including:

  • USC Global Competition Law Thought Leadership Conference
    • The Intersection of Antitrust Issues and Politics, Los Angeles, CA, June 2022
  • Antitrust West Coast (Informa Connect)
    • The Evolving Litigation Landscape of Mergers: What Are the Practical Implications, San Francisco, CA, May 2022 
  • Antitrust Institute 2011 (PLI)
    • Corporate Compliance and Ethics, San Francisco, CA, February 2011
  • Antitrust Institute 2010 (PLI)
    • Corporate Compliance and Ethics, San Francisco, CA, May 2010 
  • Antitrust 2010 (CLE International)
    • Marketing, Distribution and Pricing, Los Angeles, CA, March 2010

Our primary strategy for safeguarding our clients involves preempting antitrust issues through proactive counseling and adherence to compliance measures. We offer comprehensive guidance on the permissible and prohibited actions under antitrust laws, collaborating closely with clients to deliver customized antitrust training programs tailored to their unique requirements. Additionally, we assist in the development and implementation of antitrust compliance protocols aimed at mitigating the risk of antitrust violations. In the realm of antitrust, investing in preventive measures holds far greater value than reactive remedies, particularly considering that certain agreements—such as price fixing, bid rigging, and market allocation among competitors—are categorically unlawful.

At all times, our goal is to work with our clients to limit their antitrust risk and exposure through smart, effective, proactive antitrust counseling, so that our clients can prudently achieve their business objectives.

Mr. Elbiali advises companies (both large and small) and individuals on a wide variety of horizontal and vertical restraints that bring into play federal antitrust laws (primairly the Sherman and Clayton Acts), including the following:

  • Pricing – Pricing policies and decisions of all stripes, including analyzing the pros and cons of vertical pricing restraints, such as Resale Price Maintenance (RPM) agreements, Minimum Advertised Price (MAP) policies, Manufacturer Suggested Retail Price (MSRP) policies, and Colgate policies; drafting appropriate Colgate, RPM, MAP, and MSRP policies to fit our clients’ business strategies and goals; predatory pricing issues; and bids for government and private contracts.
  • Price Discrimination – Price discrimination under the Robinson-Patman Act, including seller and buyer-induced liability; related defenses to price discrimination claims; and bundling arrangements with customers and suppliers.
  • Distribution – dealing arrangements; dealer terminations; dealer relations; structuring distribution systems; and dual distributor issues.
  • Purchasing –purchasing agreements with customers or suppliers; and bundling/tying issues.
  • Monopoly and Attempt to Monopolize – Analyzing monopolization and attempted monopolization issues in highly concentrated markets.
  • Non-Solicitation and Non-Compete Agreements Involving Labor Markets–Non-solicitation and non-compete agreements between competitors and between employers and their employees, and analyzing ancillary restraints of trade imposed by contracts.
  • Competitor Collaborations – Joint venture and co-operative ventures, and dual distribution issues arising between competitors and customers.
  • Trade Associations – Trade associations and what members can and cannot do regarding trade association activities.

Contact Elbiali Law, APC Today

For more information, contact Elbiali Law, APC today. Whatever your reason for needing our assistance, we are ready to help. Contact us today, and let’s begin working together.