Members of our Antitrust Practice regularly counsel clients in a host of sectors on important antitrust issues related to proposed transactions, including merger analysis, joint venture formation and pre-merger filing obligations and compliance. In addition, we frequently represent our clients before the DOJ, FTC and state attorneys general to resolve antitrust investigations or secure regulatory approval of proposed acquisitions. Likewise, when our clients are faced with antitrust-related investigations by non-U.S. enforcement agencies, we provide skilled and coordinated representation. Examples of our work in this area include the following:
- Successfully represented Graphic Packaging, the largest U.S. manufacturer of paperboard and folding cartons, in a major federal merger investigation and in negotiating a consent order allowing the proposed transaction to be consummated in a timely manner and providing for divesture of only two manufacturing facilities.
- Representation of Movie Gallery before the FTC in connection with Movie Gallery’s successful bid to acquire Hollywood Video and in defense against Blockbuster Video’s takeover attempt of Hollywood Video.
- Represented Renal Care Group, a leading dialysis provider, in merger with its competitor Fresenius, successfully negotiating consent decree with FTC, allowing the client to complete the acquisition.
- Primary outside U.S. antitrust counsel for one of the largest chemical manufacturers in the world. Recently represented the company in an FTC Second Request investigation and secured termination of the investigation after only limited production of documents and two depositions; we also coordinated clearances from EC and Canadian Competition Bureau.
- Representation of Vulcan Materials Company in multibillion-dollar acquisition and divestiture of rock quarries.
- Representation of Checkfree in DOJ investigation into merger, allowing client to complete merger.
- Resolved favorably a DOJ investigation into Sabre Holdings Corporation’s multibillion-dollar outsourcing, asset acquisition and marketing transaction with Electronic Data Systems, with no material effect on value to either party.
- Successfully represented a major German pharmaceutical company in a contested merger case before the FTC that threatened to force divestiture of its leading product.
- Resolved favorably a DOJ investigation into the acquisition by Southwire Company, the second largest wire manufacturer in the country, of the third largest player in the industry.
- Successfully resolved an FTC investigation of Borden, Inc. regarding its proposed sale of its condiment business to Heinz Foods (without changes to the transaction or divestiture of assets).
- Advised major wireless telecommunications company regarding antitrust issues related to competitor acquisition.
- Advise multiple health care provider clients regarding structuring of transactions to provide the clinical and financial integration needed to engage in joint managed care contracting.
- Advised multiple hospital and other provider clients on antitrust issues related to potential acquisitions, including due diligence, market analysis, transaction structure, government clearance and integration planning.
- Represented Mohawk Industries Inc., the world’s largest floor covering manufacturer in numerous acquisitions in the floor covering industry.
- Advised a wide variety of clients based outside the United States on antitrust issues and obligations related to U.S. transactions, including AO Foundation (Switzerland), Baerlocher GmbH (Germany), Bertelsmann AG (Germany), Boral Limited (Australia), a subsidiary of Furukawa Electric Co. (Japan), Getinge AB (Sweden), IMERYS SA (France), a subsidiary of Kyocera Corporation (Japan), Mann + Hummel Group (Germany) and Robert Bosch GmbH (Germany).
- Coordinated M&A-related analysis and approvals across multiple jurisdictions, including the European Union and Canada. Recent examples of clients for whom we assisted with Canadian Competition Act and/or Investment Canada Act obligations include Felix Schoeller Technical Papers, Inc., IMERYS, Langenscheidt KG (publisher of Berlitz, Insight and Hammond guidebooks and maps) and Sabre Holdings Corporation.
- Represented agricultural cooperative before DOJ and convinced the Department not to challenge the cooperative’s acquisition of a competitor.
- Assist clients based outside the United States in submitting notifications to and receiving clearances from the United States government’s Committee on Foreign Investment in the United States, including major mobile device manufacturer in its acquisition of a navigation technology company.