Antitrust Counseling and Investigations
- Served as lead U.S. antitrust counsel to leading corporations and trade associations in a variety of industries, including automotive, financial services, chemicals, consumer products, building products, health insurance, fiber optics, medical devices, hospitals, retail, industrial equipment and sports.
- Advised industry coalitions and trade associations on antitrust compliance in connection with regulatory, lobbying, information sharing and standard setting initiatives.
- Represented clients in connection with multiple mergers and joint ventures investigated by the DOJ and FTC, including those in the banking, chemical, distribution, packaging, health insurance, hospital, dialysis clinic, pharmaceutical, construction and medical product sectors. Recent notable deals include:
- Represented the first state-owned Chinese company approved by the FTC to buy assets required to be divested as part of a challenged merger (as part of the $11.8 billion acquisition by NXP Semiconductor of Freescale Semiconductor).
- Represented Boral Limited, a leading global building materials supplier, in obtaining unconditional HSR Act clearance for its $2.6 billion acquisition of Headwaters Inc., and a joint venture that made it the largest brick manufacturer in North America.
- Counseled First Cash Inc. in obtaining regulatory clearance, without conditions, for its $2.4 billion merger with Cash America Inc., which created the largest operator of retail pawn stores in the U.S.
- Represented multiple leading retailers and apparel manufacturers on antitrust compliance and state consumer protection matters.
- Regularly counsel leading U.S. and global companies on antitrust issues, including Hart-Scott-Rodino Act pre-merger requirements and filings, compliance policies and training, compliance reviews, dawn raid protocols, competitor collaborations, exemptions, group purchasing, pricing and distribution practices, interlocking directorates and government investigations.
- Represented individuals in criminal antitrust investigations by the DOJ Antitrust Division, including an airline executive in the air cargo cartel investigation and a real estate investor in the foreclosure auction bid-rigging investigation.
- Advised one of the largest health care companies in the U.S. on antitrust and public policy issues, including legislative proposals and participation in antitrust agency hearings.
- Represented an international auto parts manufacturer in a multidistrict class action litigation matter alleging price-fixing activity among manufacturers of oil, air and fuel filters.
- Served as special discovery counsel in a rare litigated challenge by the DOJ Antitrust Division to a consummated merger.
- Represented an insulation manufacturer in a class action lawsuit alleging improper coordination of pricing activity.
- Represented leading pharmaceutical and wireless equipment manufacturers in intellectual property litigation matters involving monopolization claims.
- Filed amicus briefs in federal appeals courts on behalf of industry associations in multiple antitrust matters, including three state hospital associations in a physician privileges case, state legislators in a proceeding concerning insurance antitrust exemption and a national health care trade association in an exclusive dealing case.
- Represented academic institutions in antitrust lawsuits involving accreditation, physician privileges and medical resident stipends.
- Represented parties involved in antitrust litigation concerning sporting activities, including the allocation of event dates and membership decisions.