Antitrust & Competition

Antitrust Litigation Experience

Our team members have litigated antitrust cases both for and against the government. During our time in government services, we were trial counsel to the FTC in multiple merger challenges. We have also represented private parties in litigation in both private disputes and against federal and state antitrust enforcers. Our recent antitrust litigation experience includes:

• Advising a non-party witness in landmark FTC challenge to alleged health care “roll up” strategy.

Antitrust Merger Clearance Experience

Our team members have counseled clients in nationwide and global mergers to devise and implement strategies for merger clearance. We can guide clients through in-depth antitrust review on pending transactions. More importantly, we can develop a playbook to optimize a deal’s chances of early clearance without protracted review. We have obtained clearance on dozens of transactions in the healthcare, energy, retail, funeral and cemetery services industries, and many others. Our recent merger clearance experience includes:

• Advised health technology company in successful acquisition of bolt on technology firm; after review, the Federal Trade Commission closed its investigation without action.
• Represented health technology company as a non-party witness in the DOJ’s investigation and litigation challenge of the proposed acquisition of a health technology company by a healthcare services company’s subsidiary and successfully advocated to remove the client from the trial witness list and prevented all client documents from becoming public trial exhibits.
• Developed and lead the global merger clearance strategy for a transportation industry manufacturer in a strategic, multi-billion Euro transaction; by anticipating the likely questions, the client obtained clearance during initial review periods in all reviewing jurisdictions.