Training Antitrust Lawyers

The training process within the antitrust bar to develop a skillful antitrust lawyer is longer than for many other lawyers, largely because the size and the complexity of antitrust matters take time to work through. As a result, it takes many years for someone to develop into a capable antitrust lawyer. There are two principal training paths government enforcement agencies (the Federal Trade Commission and the Antitrust Division of the Department of Justice) and private practice law firms. Most positions with the government agencies are in Washington, D.C. Antitrust positions with law firms tend to concentrate in Washington, D.C., New York and approximately 10 to 15 other major cities. State antitrust enforcement agencies tend to seek already experienced antitrust lawyers and also tend to have very few antitrust positions even in the largest states.

In training new antitrust associates , a heavy emphasis is placed on teaching the basics of antitrust law and economics. We want them to learn the law thoroughly as a first step. There are some antitrust laws, like the Robinson-Patman Act, which address niches of antitrust law and can be arcane and difficult. The law is learned by research and study, working on the background antitrust analysis for client counseling or litigation projects. This continues for the first several years, along with the simultaneous development of litigation skills.

Antitrust is not a practice for lawyers who want to try a lot of cases. Associates who want trials right away and who crave lots of experience in court would be disappointed in antitrust, which in practice has a heavy litigation component without necessarily getting to trial. We have new lawyers do some smaller, general litigation cases for the trial experience, always emphasizing skills development. Associates work on teams , and they might often find themselves as number four or number five on a team for the first several of years, and then number three or number four on the team for the next several years after that. They build experience, and some do take responsibility more quickly than others.

We spend a lot of time on the mechanics of skill set development, setting up courses, teaching, writing, taking our associates through as much of the antitrust process as is possible. But I also tell the new lawyers to think about this as a long- term commitment to an area of practice. It is not something you do well as an adjunct to lots of general litigation or corporate work. Either you do it with full commitment, or you should leave it to others.