REPRESENTATIVE EXPERIENCE
Antitrust, Competition, and Trade Regulation
Antitrust Litigation
Defended a global energy trading company and its US subsidiary in a series of 25 federal class actions and a civil action by the California Attorney General involving allegations of market manipulation and violations of the antitrust and unfair competition laws stemming from trading activity in the California gasoline spot market.
Defended a Japanese auto parts manufacturer and its US subsidiary in a nationwide antitrust class action brought by various purchasers alleging a global price-fixing cartel in the sale of automotive parts.
Defended a Japanese electronic components manufacturer and its US subsidiary in a nationwide multidistrict antitrust class action brought by direct and indirect purchasers alleging a global price-fixing cartel. These actions followed a criminal antitrust investigation conducted by the Department of Justice Antitrust Division.
Defended a global generic pharmaceutical manufacturer headquartered in Australia in a nationwide multidistrict antitrust class action brought by various purchasers alleging an industry-wide cartel involving price-fixing, customer allocation agreements, and conspiracies.
Defended a global agricultural equipment manufacturer in multidistrict antitrust, consumer fraud, and RICO class actions involving lawnmower horsepower.
Defended a Canadian containerboard manufacturer in an antitrust class action brought by direct purchasers alleging a price-fixing conspiracy to raise the price of containerboard products.
Defended a US railway component manufacturer in a nationwide antitrust class action brought by employees alleging anticompetitive “no-poach”/“no-hire” agreements in railway employee labor markets.
Advised different clients on multimillion-dollar antitrust follow-on litigation strategies in relation to several high-profile cases, including the Trucks Cartel, the Sugar Cartel, the Flour Cartel, etc.
Cartel Investigations and Government Enforcement
Represented a US-based food processor and distributor in a grand jury investigation and prosecution conducted by the Department of Justice Antitrust Division regarding alleged bid-rigging and price-fixing in the sale of poultry products. We achieved a full dismissal of the indictment for our client.
Represented an investment management company in a grand jury subpoena from the Department of Justice Antitrust Division concerning alleged no-poach agreements.
Represented a Japanese electronic capacitor manufacturer in a criminal antitrust investigation conducted by the Department of Justice Antitrust Division. The representation included coordination with investigations conducted in numerous other countries, as well as representation of both the parent and its US subsidiary in numerous follow-on class actions and opt-out litigations.
Represented a global generic pharmaceutical manufacturer in response to grand jury and investigatory subpoenas from the Department of Justice Antitrust Division and state attorneys general concerning alleged price-fixing and customer allocation in the generic drugs market.
Represented a large Japanese manufacturer of resistors and other passive electronic components and its US subsidiary in a criminal antitrust investigation conducted by the Department of Justice Antitrust Division concerning alleged price-fixing and bid-rigging. The investigation was resolved without enforcement action against the company.
Represented a US-based company that produces and distributes ice in a criminal antitrust investigation conducted by the Department of Justice Antitrust Division and a civil antitrust investigation conducted by the Illinois Attorney General concerning alleged price-fixing among sellers of ice. We persuaded the Antitrust Division to decline prosecution of both the company and its employees, and resolved the civil investigation conducted by the Illinois Attorney General.
Represented a global manufacturer of automotive parts and its US subsidiary in a criminal antitrust investigation conducted by the Department of Justice Antitrust Division. Representation included participation in the coordination of the company’s response to investigations in numerous other jurisdictions.
Represented a global fashion brand on a grand jury subpoena from the Department of Justice Antitrust Division and the European Commission’s investigation concerning alleged price coordination.
Represented an individual in response to a grand jury subpoena from the Department of Justice Antitrust Division concerning anticompetitive “no-poach” agreements in the health care industry.
Represented the former senior vice president of sales for a packaged seafood manufacturer in a criminal antitrust investigation conducted by the Department of Justice Antitrust Division concerning price-fixing.
Represented the president of a transportation and entertainment industry company in a criminal antitrust investigation conducted by the Department of Justice Antitrust Division concerning alleged price-fixing and market allocation. The investigation was resolved without enforcement action against the company or its president.
Represented the president of an oil and gas exploration company located in Oklahoma City in an investigation conducted by the Department of Justice Antitrust Division concerning alleged price-fixing, bid-rigging, and market allocation. The investigation was resolved without enforcement action against our client.
Represented a senior executive from a Japanese automotive parts manufacturer in an investigation conducted by the Department of Justice Antitrust Division concerning alleged price-fixing, bid-rigging, and market allocation in the sale of plastic components.
Represented a senior executive from an automotive parts electronics manufacturer in an investigation conducted by the Department of Justice Antitrust Division concerning alleged price-fixing, bid-rigging, and market allocation. The investigation was resolved without enforcement action against our client.
Represented a senior executive from an investment bank in Dallas in an investigation conducted by the Department of Justice Antitrust Division concerning alleged bid-rigging in municipal bond sales. Although the prosecutors in Dallas recommended a multi-count indictment, we persuaded the senior decision-makers in the Antitrust Division in Washington, D.C. to decline prosecution.
Represented the president of a major electronics and lighting company located in Amsterdam in an investigation conducted by the Department of Justice Antitrust Division concerning alleged price-fixing and bid-rigging in the TV monitor market. The government was persuaded to decline prosecution against our client although charges were brought against the corporation.
Mergers and Acquisitions
Advised a specialty pharmacy management company in its US$1.37 billion sale to an owner of retail pharmacy chains and pharmaceutical manufacturing, wholesale, and distribution companies, which required a premerger notification in the United States.
Represented a leader in engineered materials and optoelectronic components in its US$6.3 billion acquisition of one of the world’s leading providers of lasers, laser-based technologies, and laser-based system solutions, which involved competition approvals in the United States, Germany, China, and South Korea.
Represented a leader in engineered materials and optoelectronic components in its US$3.2 billion acquisition of a leading optical communications developer, which involved obtaining competition approvals in the United States, China, Germany, Mexico, and Romania.
Represented an Asia-based global leader in developing NAND flash controllers for solid-state storage devices in its US$3.8 billion divestiture to a California-headquartered leading provider of radio frequency, analog, digital, and mixed-signal integrated circuits.
Represented a global security services provider in its US$3.2 billion acquisition of a peer, which involved approval in the United States, European Union, and Canada and FDI filings in several countries.
Represented a global conglomerate company in its US$700 million acquisition of a semiconductor high-purity process chemicals business, which involved competition approvals in the United States, Germany, Ireland, Israel, Taiwan, and Singapore and FDI filings in several countries.
Represented a consortium providing equipment, technology, and specialized services in its acquisition of a leading global asset management company targeting infrastructure assets in the maritime and energy sectors in an all-cash transaction for an enterprise value of approximately US$10.9 billion, which involved competition filings in the United States, Australia, Chile, China (SAMR), Brazil (CADE), the European Commission, Taiwan, and Turkey.
Represented a developer of cancer detection tools and therapies in a global leader in DNA sequencing and array-based technologies’ US$8 billion acquisition of a health care company focused on life-saving early detection of multiple cancers.
Represented a global leader in digital reality solutions in its US$2.75 billion acquisition of the enterprise asset management business of a leading global provider of SaaS-based asset management solutions and its affiliates.
Advised a global leader in cloud communications and telecommunications for mobile customer engagement in its US$1.9 billion acquisition of a leading cloud-based email delivery platform, US$1.14 billion acquisition of one of the largest independent voice communications providers in the United States, and US$1.1 billion acquisition of an SMS marketing technology company.
Strategic Vertical Competition Law
Advised major iconic brands, including in the luxury, lifestyle, home goods, and electronics sectors, on EU selective distribution and vertical competition law matters.
Represented two professional associations for promoting and protecting the fashion industry—whose members account for more than €300 billion sales in Europe—before the European institutions in connection with the European Commission’s e-commerce sector inquiry and review of the EU vertical rules and critical legislative texts on a variety of areas, including sustainability.
Advised a golf club manufacturer on its challenge to the UK Competition and Markets Authority’s finding of infringement in relation to the client's online sales policy before the Competition Appeal Tribunal and Court of Appeal, and in respect of its EU selective distribution terms.
Internal Investigations
Represented a US wireless carrier in pre-merger antitrust compliance.
Advised a ferry company on the expansion and concretization of the existing antitrust-related compliance system, including mock dawn raid training.
Advised a manufacturer of compressor valves on the setup of a compliance management system.
Advised a manufacturer of high-precision machine components on the setup of a compliance management system.
Advised a leading manufacturer of acoustic and thermal insulation for vehicles on the setup of a compliance management system.
Advised a global beauty and health care company in a large internal investigation pertaining to compliance matters.
Advised an international online retailer and marketplace provider in an internal investigation pertaining to antitrust compliance matters.
Represented an international online company in an investigation of an antitrust authority.
Advised an international chemicals manufacturer in an internal investigation pertaining to antitrust compliance matters.
Advised an international IT solutions provider in an internal investigation pertaining to several compliance issues.
Advised a leading international technology and service company in an internal investigation pertaining to several compliance issues.
FDI
Represented a US aerospace/aviation company in its US$440 million acquisition of the Aircraft Wheels and Brakes Division of a US global aerospace component supplier. This required clearance from both an EU and UK FDI perspective.
Advised a multinational software company on the FDI aspects of its multimillion-dollar transaction.
Conducted a multijurisdictional risk assessment for the multimillion-dollar purchase of an oil and gas pipe maintenance company, including liaising with various local counsel to determine a global risk assessment.
Made UK NSI Act filings for various transactions, considering the scope of the target’s activities and advocating accordingly in drafting. All transactions filed to date have received full clearance from the UK government.
