Antitrust & Competition
Our antitrust practice includes regulatory, compliance, litigation, counseling, and defense against government investigations. We have extensive experience representing clients in connection with mergers and acquisitions before the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ). Our antitrust experience encompasses a broad range of industries, including financial services, pharmaceuticals, life sciences, health care, technology, publishing, entertainment, manufacturing, and freight forwarding. Our extensive work within key industry sectors allows us to quickly identify critical facts and issues that matter most to antitrust regulators and federal courts. We also monitor antitrust legislation, both federally and within key states. This work includes New York State’s recent proposals to impose limitations on unilateral firm conduct that exceed federal prohibitions. Our lawyers speak on antitrust panels sponsored by federal antitrust regulators, the ABA, and other bar associations. Such associations often help us more effectively advocate for our clients. Understanding that antitrust law can be used both defensively and offensively as needed, we seek to formulate practical commercial solutions for our clients.
Representative Engagements
- Amicus brief in the U.S. Supreme Court in support of Division I college athletes, NCAA v. Alston, Case Nos. 20-512, 20-520, 954 U.S. ___ (2021). The brief was cited by Justice Kavanaugh in his concurring opinion.
- Provide strategic antitrust counseling to international media conglomerate regarding acquisition of local media properties.
- Represent Cigna as a non-party in a case pending in federal court, Middle District of Florida.
- Representation of Benckiser N.V. before the Federal Trade Commission in connection with the company’s $3.5 billion merger with Reckitt & Coleman plc.
- Representation of JP Morgan before the Antitrust Division of the Department of Justice in connection with the review of the $5 billion merger of XM Satellite Radio Holdings and Sirius Satellite Radio.
- Represented Emerson Electric Co. before the NYS Attorney General's office in connection with a post-acquisition review of a company subsidiary.
- Representation of Framatome Connectors International in connection with its $1.85 billion acquisition of Berg Electronics Corp.
- Representation of Gibson Greetings, Inc. before the DOJ in connection with the company's $162 million acquisition of American Greetings Corporation.
- Representation of Bertelsmann SE & Co. KGaA in connection with the company's $1 billion acquisition of Random House, Inc.
- Representation of Comcast Corporation before the FTC in connection with Comcast and Tele-Communications, Inc.'s $1.42 billion acquisition of QVC, Inc.
- Representation of EMI Group PLC in connection with a proposed combination in the music industry.
- Representation of Primestar, Inc. before the DOJ in connection with the company's proposed acquisition of certain satellite assets from AmericanSky Broadcasting LLC, U.S. v. Primestar, Inc., et al., Case No. 1:98 CV 01193. D.D.C. (JLG).
- Representation of Reed International P.L.C. in connection with the company's $417 million acquisition of Official Airline Guides, Inc.
- Representation of Terra Networks, S.A. in connection with the company's $12.5 billion acquisition of Lycos, Inc.
- Representation of Pharmacia & Upjohn before the FTC in connection with the company's $23.3 billion merger with Monsanto.
- Representation of Zeneca in connection with the company's $35 billion merger with Astra AB.
- Representation of AstraZeneca PLC before the FTC in connection with the company's $12 billion combination with Novartis AG's agriculture chemical businesses. Representation included responding to a Second Request.
- Representation of Amersham International PLC in connection with the company's $1.94 billion merger with Nycomed Group PLC.
- Representation of Deutsche Post AG before the DOJ in connection with the company's $1.14 billion merger with Air Express International.