The Legal 500

Arnold & Porter LLP remains firmly positioned as a top-tier firm in this practice area. Often described as a “one-stop-shop” in international matters, the practice has over 90 attorneys throughout the US and Europe representing major clients in the most significant matters. In Washington DC, merger highlights included advising Intel on the $7.6bn purchase of software provider McAfee. With a number of partners having worked previously within the Federal Trade Commission (FTC) or Department of Justice (DOJ), the firm is also strong in the government investigations arena, where clients include Intel and Monsanto. The New York and California offices are key parts of the firm’s antitrust litigation practice, often working with the Washington DC office to advise on multi-district litigation. Practice head William Baer is a highly praised attorney whose recent caseload includes defending General Electric against a series of class and individual actions regarding an alleged conspiracy between financial institutions to rig bidding processes for the purchase of financial products related to municipal bonds. Baer and his team won motions to dismiss two of the actions, which was especially significant given that more than 30 other defendants were denied motions to dismiss. In New York, Robert Mason is advising Visa USA and Visa International on a large class action and also favorably settled a parens patriae action which entailed the approval of new legislation. In Los Angeles, Ronald Redcay’s team has been acting for BP in a class action alleging a conspiracy to fix gasoline prices.

With solid roots in Washington DC, as well as a strong presence in London and Brussels, the ‘best in class’ antitrust and competition team at Cleary Gottlieb Steen & Hamilton LLP guides clients through some of the largest and most complex merger transactions. The practice has developed ‘meaningful contacts and professional relationships with the government agencies’, as well as a sound understanding of antitrust economics. The team is particularly strong in the hi-tech arena, often acting on behalf of private equity clients involved in hi-tech deals. Recent highlights include obtaining unanimous unconditional merger clearance from the FTC for Google to acquire AdMob and advising Nortel Networks on its Chapter 11 proceedings regarding all asset sales, some of which received unconditional clearance after an in-depth second request investigation. The litigation team has built a tremendous track record in winning dismissals of class action lawsuits for defendants including dismissal of two parallel lawsuits in state and federal courts in California alleging that the firm’s client Toho Tenax conspired with other carbon-fibre manufacturers to fix prices. The team won other victories for Citigroup, GlaxoSmithKline and Lafarge. George Cary, former deputy director of the FTC, is highly recommended. Mark Leddy, previously deputy assistant attorney general at the DOJ, remains very active on the case management side but has recently been made managing partner of the firm.

Gibson Dunn has considerable resources at its disposal with scores of lawyers providing advice on the full spectrum of antitrust matters, augmenting its flourishing US and EU civil litigation practice with advice on some impressive merger transactions. Recent work includes acting for Energizer on its acquisition of American Safety Razor, both leading suppliers of wet shaving razors and blades in the US, where the team obtained unconditional clearance from the FTC in an unusually short time period. The firm also represented Schlumberger Limited, the world’s largest oilfield services company, on its $11bn acquisition of Smith International for which it received unconditional clearances from antitrust authorities in the US (which included handling a second request from the DOJ), Canada, Russia, Colombia, Mexico and the EU. In the contentious space, achievements included helping longstanding client Intel to reach a proposed comprehensive settlement agreement with the FTC regarding alleged antitrust violations in connection with parts of its business activities and products. Daniel Swanson – co-chair of the antitrust practice group – represented AkzoNobel on a class action asserting price-fixing and cartel allegations. Cartel specialist Gary Spratling, based in San Francisco, acted for Martinair Holland NV in In Re Air Cargo Shipping Services Antitrust Litigation.

Described by many as a ‘go-to firm for antitrust advice’ and ‘a powerhouse in antitrust’, Jones Day’s full-service antitrust practice demonstrates an ability to ‘balance the big picture with getting the immediate tasks executed’. Practice leader Phil Proger heads a team in Washington DC which includes Joe Sims and Kathy Fenton – both ‘excellent lawyers providing top-quality legal counsel’ – and Toby Singer, ‘who is second to none’ and ‘knows how to field a team’. Additionally, Fiona Schaeffer joined the New York office from Weil, Gotshal & Manges LLP in August 2010. The team’s recent merger mandates include its representation of American Airlines regarding its long-sought expansion of the oneworld alliance with British Airways and Iberia, which authorities concluded would benefit consumers on both sides of the Atlantic. Other work included acting for InnoLux Display on obtaining clearance for a $5.3bn three-way merger with Chi Mei Optoelectronics and TPO Displays, the largest technology-related transaction in Taiwan’s history. In litigation, the team obtained a significant ruling from the US Supreme Court in favor of client American Needle holding that NFL teams are not entitled to be treated as a single entity, thus exposing an agreement among NFL parties to scrutiny under antitrust laws. This ruling has potential wider implications for collaborative businesses in other industry sectors. Other litigation clients include Chevron and Apple.

Kirkland & Ellis LLP experienced significant expansion at the start of 2011 with the arrival of Tim Muris, Christine Wilson and Bilal Sayhed from O’Melveney & Myers LLP. The firm has a solid history of providing antitrust services on a global scale, operating through more than 150 of its own attorneys across its US and European offices, as well as an established network of local lawyers internationally. The practice continued to expand to support the volume of new work, promoting litigator David Horowitz to partner and bringing in HSR filings expert Jennifer Clarke-Smith from the FTC to join the Chicago office. The US practice has a strong track record in antitrust litigation where it continues to attract high-profile clients in cases often involving novel or esoteric points of law. For example, it is representing Chiquita Brands International before the European Commission in a case concerning similar issues to those considered in the US by the Stolt-Nielson judgment regarding the withdrawal of leniency and, additionally in this case, the imposition of a fine by way of a statement of objections. Work for Karen Walker in Washington DC included achieving a significant victory for Twentieth Century Fox in having dismissed a widely publicized antitrust lawsuit brought by DVD kiosk operator Redbox alleging a restraint-of-trade conspiracy between the client and its DVD distributors to boycott Redbox. Elsewhere, private equity clients have contributed to keeping the team busy with merger activity, and the group filed HSR notifications in approximately 9% of all transactions reported in the US in 2010. Highlights included securing HSR clearance for Metavante Corporation’s $2.9bn acquisition by Fidelity National.

The ‘exceptional’ Latham & Watkins LLP is praised for being ‘superior in terms of client service, industry knowledge, technical expertise, contacts with the regulators and practical advice’. Antitrust teams in Washington DC, New York and San Francisco (which attracts large hi-tech clients) are supplemented by colleagues globally, giving the group the resources and credentials to deal with every type of national or international antitrust and competition law challenge. Despite the down market, the practice invested in four internal partner promotions and two new lateral hires, including Niall Lynch joining the San Francisco office from the DOJ where he served as assistant chief of the Antitrust Division. A downturn in merger filings was balanced by an increase in work on several major international cartel investigations, including acting for Singapore Airlines regarding the air cargo cartel. San Francisco-based Daniel Wall, who has ‘great experience of technical companies and knows how a market works’, represented Live Nation on its $2.5bn merger with Ticketmaster; and Oracle on its $7.3bn acquisition of Sun Microsystems despite aggressive opposition from competitors including Microsoft and SAP. Litigation teams in San Francisco and Chicago won a complete defense judgment after a rare full trial on the merits for Ovation Pharmaceuticals (now part of Lundbeck) in antitrust lawsuits filed by the FTC challenging its acquisition of an exclusive license to manufacture and sell NeoProfen in the US. Other dismissals in class action lawsuits were obtained for Dentsply International and Time Warner Cable.

O’Melveny & Myers LLP has been busy across the antitrust space and bolstered its practice with two new partners, Tom McCoy and Jonathan Sallet, recently joining the Washington DC office. Sallet’s background includes having served as chief policy counsel at MCI Telecommunications, while McCoy spent 16 years at Advanced Micro Devices (AMD). The practice enhanced its profile by representing AMD and its executives during the FTC investigation of Intel, which resulted in one of the largest settlements achieved in antitrust litigation by a single plaintiff. The highly recommended Richard Parker, who co-chairs the practice, advised Apple during a DOJ investigation relating to agreements between companies not to hire away each other’s skilled workers, in which a favorable consent decree was reached for Apple with the DOJ. The team has a strong relationship with Samsung, for which it is acting in the optical disk drive cases, one of the largest multi-district litigation actions of recent times, and in the cathode ray tube cases. In addition to its strong client base on the technology side, the team has also worked on significant matters for clients such as Delta Airlines, several CIGNA companies and Asiana Airlines, which the team advised on the Foreign Trade Antitrust Improvements Act. The team has also acted on several large-scale mergers for multinationals in a range of other industries including beverages, pharmaceuticals and oil and gas. The firm suffered the significant loss of the highly regarded former FTC chairman Tim Muris along with Christine Wilson and Bilal Sayyed to Kirkland & Ellis LLP.

Paul, Weiss, Rifkind, Wharton & Garrison LLP’s compact antitrust team is recommended for its ‘excellent response times’ and ‘strong industry knowledge’, and has built a solid reputation based on quality rather than quantity of work. Practice co-head Joseph Simons, a former chief antitrust enforcer at the FTC, has a ‘great knowledge of the law combined with very good contacts at the relevant agencies’, and regularly advises the government and economists on merger review issues. Simons’ recent work includes representing Agrium during its hostile bid for CF Industries Holdings, which was the subject of a lengthy investigation prior to conditional approval, and The Lightstone Group in connection with the $2.3bn disposal of its portfolio company, Prime Outlets Acquisition Company, to Simon Property Group. Other work for the team included coordinating the EU and Canadian investigations for Hewitt Associates on its $4.5bn acquisition by Aon Corporation, where the transaction was closed without a second request. Kenneth Gallo, managing partner in Washington DC, is a highly recommended litigator who recently acted for American International Group (AIG) to secure Third Circuit affirmation of a District Court’s dismissal of an antitrust and RICO class action alleging an industry-wide market allocation conspiracy regarding commercial and employee benefits insurance. Other clients include MasterCard, News Corporation and The Nielson Company. Moses Silverman co-heads the practice and leads the New York team.

Simpson Thacher & Bartlett LLP attracts top-notch clients in a wide range of industries encompassing the full range of antitrust matters from complex multi-jurisdictional mergers to high-stakes litigation and government investigations. The firm’s New York headquarters is increasingly buoyed by an expanding Washington DC presence, with both teams underpinned by a strong presence in London. Recent highlights include successfully representing AdMob in connection with its $750m sale to Google and advising Wyeth regarding its approximately $68bn sale to Pfizer in a cash-and-stock transaction that became one of the largest pharmaceuticals mergers in history. In litigation, the team has notched up several victories for the Fidelity family of title insurance companies and their parent, Fidelity National Financial, in 15 class actions pending in federal courts in 12 states, alleging price-fixing of title insurance rates. The firm is also separately defending KKR and The Blackstone Group in a class action alleging a conspiracy to rig bids, restrict the supply of private equity financing, fix the prices for target companies at artificially low levels and divide up a market for private equity services in leveraged buyouts. The hugely respected Kevin Arquit, a former director of the Bureau of Competition at the FTC, is extremely well known in this practice area and has a history of representing high-profile clients in boundary-defining merger and antitrust litigation.

Skadden, Arps, Slate, Meagher & Flom LLP’s broad practice encompasses global M&A, government enforcement and criminal investigations, as well as trial and appellate litigation. The firm’s US offices are augmented by a growing international offering, notably a strong Asian presence and a growing team in Brussels. In New York, Neal Stoll handled all global filings for BlackRock regarding its $20bn acquisition of Barclays Global Investors from Barclays Bank plc including securing early termination from the FTC as well as unconditional phase I clearance from the European Commission. In Washington DC, Benjamin Crisman and John Lyons represented Merck KGaA on its $7.2bn acquisition of Millipore Corporation, a transaction for which the Washington DC and Brussels offices secured multiple clearances around the world. On the litigation front, Steven Sunshine, who joined the Washington DC office from Cadwalader, Wickersham & Taft LLP, is acting for Watson Pharmaceuticals on several matters including high-profile antitrust lawsuits brought by the FTC regarding “reverse payments” settlements. Sunshine is also defending the company’s CEO, Paul Bisaro, in a case that marks the first time a federal court has ordered discovery against the FTC for the purpose of ensuring that its enforcement of a subpoena during the course of an investigation would not amount to abuse of process. The firm’s dedicated sports law practice handles antitrust mandates for sports clients.

Covington & Burling LLP has continued to expand during testing times and has accumulated a senior team with extensive government experience. In March 2011, the firm added a four-partner antitrust litigation team to its Washington DC office after John Nields, Alan Wiseman, Andrew Lazerow and Jason Raofield joined from the disbanded Howrey LLP. The antitrust and consumer law practice group is co-chaired by Tom Barnett, a former assistant attorney general of the Antitrust Division of the DOJ, and Deborah Garza, who is a former acting assistant attorney general of the same. Additionally, Jim O'Connell is a former deputy assistant attorney general and James Garland is a deputy chief of staff and counselor to the AG. As well as teams in Washington DC, San Francisco and New York, the firm can leverage the 11-strong competition team in its Brussels office and a network of local law firms in foreign jurisdictions to deal with international matters. The team’s broad practice spreads evenly across mergers, advisory work – particularly on joint ventures or other collaborations in life sciences, oil and gas, and telecoms – as well as class action litigation and cartel investigations. Its talents attract A-list clients such as Disney, Expedia, ExxonMobil, Merck & Co and Samsung. Recent highlights include advising Expedia on its participation in Fairsearch.org – a coalition of travel companies seeking to educate the DOJ and others about the potential harm to competition from Google’s proposed acquisition of ITA. It also advised Dartmouth-Hitchcock Medical Center on the FTC’s investigation into its proposed affiliation with Catholic Hospital Center of Manchester, New Hampshire, and advised Pepco Holdings on regulatory approvals for the $1.7bn sale of Pepco’s Connectiv Energy merchant generation business to Calpine.

Cravath, Swaine & Moore LLP’s New York-centered antitrust practice handles litigation, advisory work and investigations, and its traditional strength in litigation has been supplemented by a substantial increase in merger-related work. The firm has experience of working in most industry sectors but has a particularly strong focus in cable, media, pharmaceuticals, healthcare, airlines, consumer products, high-tech hardware and software, and financial services. Recent work includes defeating a motion by plaintiffs seeking a preliminary injunction to block United Airlines’ merger with Continental Airlines, after which the group advised United Airlines on the $3bn merger to create the world’s largest airline. The group also acted for Burlington Northern Santa Fe (BNSF) in connection with its $44bn acquisition by Berkshire Hathaway. Additionally, the group’s trusted litigators are representing American Express in several pending class actions and in a civil antitrust lawsuit brought by the DOJ and seven state attorneys general and engineered several victories for Bristol-Myers Squibb including the dismissal of a complaint by a secondary wholesaler alleging exclusionary practices. The firm is also assisting longstanding client Qualcomm in connection with competition proceedings in Japan and Korea, as well as with a new European antitrust investigation.

Davis Polk & Wardwell LLP provides ‘very responsive, strategic, wise, effective and efficient’ service through its litigation department, which has broad experience in the field of antitrust and works closely with the firm’s M&A practice group. While the firm refrains from advising directly on non-US antitrust matters, offices in Washington DC, New York and California work with a network of firms worldwide to provide support on complex, cross-border transactions. The firm earns some big-ticket mandates for high-profile clients and recent work includes advising Comcast regarding its $37bn agreement with GE to form the NBC Universal joint venture. Michael Sohn, who joined the Washington DC office from Arnold & Porter LLP in 2010, focuses on the antitrust aspects of mergers, but also handles government and private antitrust litigation and investigations; he is ‘very client focused’, provides ‘workable answers and solutions’ and ‘takes a very balanced approach’. In merger-related litigation, the team was chosen by Panasonic, SanDisk and Toshiba to defend their joint venture against antitrust claims filed by Samsung in a case dealing with critical but rarely litigated antitrust aspects of intellectual property and standard setting. Other work included defending LG Electronics in more than 30 nationwide class actions with claims exceeding $1bn; and acting for large companies and leading multinational conglomerates in various DOJ investigations.

Hogan & Hartson’s merger with Lovells in May 2010 to form Hogan Lovells US LLP created a significantly enhanced antitrust and competition law practice on a number of levels including overall size, sophistication, scope, global capability, client base and industry exposure. The enlarged practice now covers mergers, investigations and litigation. Post merger, the team continues to attract leading antitrust experts including Robert Robertson, a former FTC chief litigator, who joined the Washington DC office in 2010. The highly regarded Janet McDavid in Washington DC heads the team, which continues to act for IBM on a number of matters; it recently secured summary judgment in an antitrust case brought against the client by T3 Technologies. The group also successfully navigated IBM through the DOJ’s investigation of hiring practices at technology companies, with IBM one of the few companies not charged with antitrust violations by the DOJ. Recent merger clearance work includes representing AdMob during its $750m acquisition by Google, which was unanimously cleared despite numerous reports of an imminent challenge, and advising Black & Decker on its $4.5bn merger with The Stanley Works, which was cleared without a second request. The firm is also advising Air Canada and Home City Ice in cartel and related litigation matters.

Shearman & Sterling LLP offers a ‘world-class service’ and has an impressive track record in large-scale mergers, cartel investigations and cross-border litigation. The antitrust practice is consistently praised for putting together ‘appropriately sized, first-rank teams’, and being ‘frequently able to deliver better results when compared to firms with lower rates and less focused efforts’. New York-based Kenneth Prince applies ‘the highest level of experience and judgment to the most sophisticated legal issues’, and advised Cadbury on the US aspects of its $19.4bn acquisition by Kraft; he was also part of a team that represented new client Psychiatric Solutions before the FTC and state regulators regarding its auction and subsequent $3.1bn acquisition by Universal Health Services. Other new clients include Sybase, which the team has been advising on its $5.8bn sale to SAP, and which involves obtaining clearance from the DOJ, the European Commission and other national competition authorities. The practice has been involved in many significant DOJ cases in recent years and has ‘tremendous insight as to how the regulatory bodies work and on the individuals who work there’. It is representing Cargolux in parallel investigations into the alleged air cargo cartel by the DOJ, the European Commission and other regulators. The group is representing Barclays in one of the largest antitrust class actions in the US brought by a group purporting to represent merchants throughout the US alleging, among other things, a conspiracy to fix interchange fees.

Weil, Gotshal & Manges LLP’s team is regularly praised for giving ‘professional, frank and honest’ advice. The group has high-caliber attorneys in both its New York and Washington DC offices in the merger, litigation and criminal and cartel fields. Global co-head of the practice Helene Jaffe, who is highly recommended, takes the lead on a variety of issues for major companies such as GlaxoSmithKline, General Electric and General Motors. Ann Malester, whose clients include Panasonic, Abbott Laboratories and Procter & Gamble, is ‘superb at what she does’ and ‘combines her years of experience at the FTC and her in-depth understanding of the law to give very high quality advice’. Rising star Adam Hemlock, who is appreciated as someone with whom clients ‘can exchange opinions and thoughts very frankly’, specializes in cartel work and notably also has extensive experience representing Japanese clients in antitrust matters. Malester and Hemlock represented Panasonic on its $9bn acquisition of Sanyo in the US, EU and various foreign jurisdictions, which required only limited divestitures relative to the size and complexity of the transaction. Jaffe’s practice co-head Steven Newborn, previously director of litigation at the FTC’s Bureau of Competition, advised ExxonMobil on its $41bn acquisition of XTO, one of the largest energy mergers in recent years, which was cleared with no undertakings. Recent litigation highlights include acting for MovieTickets.com in reaching a favorable settlement following a consumer class action brought against MovieTickets.com and Webloyalty.com based on the latter’s allegedly deceptive advertisements for its membership-based discount programs. The group has provided cartel advice to clients including ExxonMobil, Panasonic, Pirelli, Vantec and Prym.

White & Case LLP’s global antitrust practice provides an ‘excellent’ service which is ‘extremely responsive in time-sensitive matters’ and able to offer advice on the full range of competition issues. In addition to matters in the US and EU, the team is particularly well positioned to deal with an increasing workflow emerging from South Africa and Brazil through its offices in Johannesburg and São Paulo. The truly global scope of the practice was demonstrated by its ongoing representation of Toshiba in two major antitrust multi-district class actions and related global cartel investigations being carried out in the US, Canada, and countries across Latin America, the EU and Asia. The group has also developed a reputation for vigorously litigating against government authorities and private parties; its exemplary trial record includes recent victories against the DOJ, FTC and European Commission. For example, Mark Gidley acted on a precedent-setting Supreme Court decision in favor of client Stolt-Nielson, in which the Washington DC team secured a complete victory when the Court denied recourse to class arbitration of antitrust claims in cases where the arbitration agreement is indisputably silent on the subject. Another notable first for Gidley included representing Par Pharmaceutical and Paddock Laboratories in an antitrust challenge filed by the FTC regarding “reverse payments”, which was the first time the FTC lost such a case on a motion to dismiss. In merger clearance work, George Paul and colleagues in Washington DC has been acting for Grupo Bimbo on its $959m acquisition of Sara Lee’s North American fresh bakery business in a transaction, which will create the largest bread company in North America.

Dechert LLP, whose attorneys display ‘a positive attitude’ and ‘value their clients’, has built its antitrust practice on four main pillars of work: mergers, class actions, and civil and criminal cartels. The firm regularly acts on global transactions, putting together teams from the US with those from its strong EU practice and drawing on a network of local firms where necessary. A recent addition to this ‘intellectually strong but street savvy’ team is Mike Cowie, who joined the Washington DC office from Howrey LLP and is a former FTC attorney; he brings with him litigation skills and agency connections. Joseph Tate in Philadelphia – ‘always accessible, and always deeply committed to getting to the right result’ – acted for FMC Corporation in a watershed ruling involving a series of direct and indirect purchaser class and opt-out actions alleging an unlawful price-fixing conspiracy. Based in Washington DC, Paul Denis is ‘in the highest category you can put him in’ for his ability to ‘analyze problems; and for being strategic, commercial and very responsive’. His recent highlights include securing an extremely favorable settlement for Whole Foods Market in an unprecedented procedural action by the FTC seeking to unwind the client’s acquisition of Wild Oats Markets; and securing FTC clearance for Monster Worldwide’s acquisition of HotJobs from Yahoo! after a full investigation and second requests. Stephen Stack and George Gordon – ‘a great combination’ – aggressively litigated an antitrust counterclaim in a trade secret case for INEOS, ultimately resulting in a very favorable settlement.

Mayer Brown’s has a ‘first rate’ antitrust practice, underpinned by an eminent Supreme Court and appellate practice; Chicago-based Stephen Shapiro alone has argued over 25 US Supreme Court cases. Historically, the firm has successfully tried and/or handled on appeal some of the most significant antitrust cases, creating important authorities on a variety of subjects. Recent litigation highlights include acting for Solvay Pharmaceuticals against the FTC and in private antitrust litigation challenging settlements of patent infringement litigation; and acting for BASF in a high-profile case regarding a conspiracy to fix prices and allocate customers and markets for certain urethane products. Practice leader Robert Bloch, whose background includes an 18-year tenure at the DOJ, is part of a team representing Cypress Semiconductor in approximately 75 class actions brought by direct and indirect purchasers of SRAM chips alleging that the client and other manufacturers fixed prices over a nine-year period. The team has also handled numerous matters for United Airlines over the years and has always had the client dismissed from actions without having to make a payment. Richard Favretto is ‘extremely effective in dealing with government enforcement agencies and with plaintiffs counsel’. He and John Roberti, who has ‘first-rate analytical abilities’, recently acted for United and UAL Corporation in Dominguez v UAL Corporation (DDC), winning a motion for summary judgment against allegations that United’s refusal to allow resale of tickets violated antitrust law. Elizabeth Mann recently joined the Los Angeles office from McDermott Will & Emery LLP.

Sullivan & Cromwell LLP’s solid, stable litigation team is ‘able to deliver when you have critical matters’, and possesses the breadth of experience to see a case through from beginning to end. This team works closely with the corporate practice, enabling it to become more accustomed to its clients’ businesses from the outset, creating a ‘very responsive’ service that is ‘attentive to strategic needs’. The firm fields antitrust teams in New York and three other US offices, as well as London and Brussels, providing the platform for handling global merger clearances and cartel investigations. New York-based Yvonne Quinn has been at the forefront of some of the firm’s most significant merger transactions, including advising Barclays Bank plc on its $15.2bn sale of Barclays Global Investors to BlackRock. Daryl Libow in Washington DC acted for British Airways regarding its $7.5bn tie-up with Iberia. In New York, Steven Holley advised Alcon on Novartis’ $12.9bn acquisition of Nestlé’s remaining shares in Alcon to conclude a multi-stage deal in which Novartis ultimately acquired all of Alcon for $49.7bn. Other highlights included acting for British Airways in the air cargo investigation and related class actions, and defending JPMorgan as one of the banks against which over 35 complaints have been filed regarding a monopoly on silver futures.

Operating out of New York, Wachtell, Lipton, Rosen & Katz’s antitrust practice works closely with the firm’s corporate department to provide specialist advice and support on a prolific and wide range of merger transactions. Recent highlights include acting for CenturyTel on its acquisition of Qwest Communications International and advising Novartis on its $49.7bn acquisition of Alcon from Nestlé. On the sell side, it advised Airgas on an unsolicited offer from Air Products & Chemicals; and Terra Industries on its $4.7bn sale to CF Industries. Recommended individuals include Ilene Gotts, a former staff attorney at the FTC’s Bureau of Competition; Damian Didden, a former trial attorney with the Antitrust Division of the DOJ; and David Neill, who has represented the buyer or seller in most of the largest US financial institution mergers. The team is also well placed to deal with international merger matters and has experience of working with a number of international antitrust regulatory agencies.

Freshfields Bruckhaus Deringer LLP is ‘excellent in terms of response time, expertise and practical advice’. Although still relatively new on the US scene, the firm has a broad practice and a wealth of experience including the ‘excellent’ Bob Schlossberg and practice head Paul Yde, both based in Washington DC. The firm continued to expand its US presence by hiring Marshall Fishman and Walter Stuart in New York, both with particular experience of acting for financial institutions in litigation matters; and Tim Coleman in Washington DC, who was previously a senior official at the DOJ. The firm’s strong corporate offerings in New York and London, as well as highly regarded competition teams in several other offices worldwide, ensures that the US antitrust team remains well placed to deal with large, cross-border transactions and multi-jurisdictional cartel actions. The team has seen an increase in requests to advise on major bribery issues and work relating to foreign investments. The team has defended clients in many second request merger reviews including advising Continental Airlines on its $3.2bn merger with United Airlines, where the team successfully pre-empted a possible challenge to the merger by designing an innovative, slot-lease solution, and also successfully negotiated an expedited conclusion of the multi-state investigation. The ‘commercially minded’ and ‘extremely responsive’ Bruce McCulloch was also part of a team advising Saint-Gobain before the FTC regarding the sale of its Advanced Ceramics business to CoorsTek. Other major clients include Emirates, Bank of America and Johnson & Johnson.

Sidley Austin LLP’s well rounded, full-service global antitrust practice advises a diverse client base on M&A transactions from several offices across the US and utilizes strong resources in London and Brussels, as well as its expanding offering in Asia. In Washington DC, the highly recommended Lawrence Fullerton – a former chief of staff for the Antitrust Division at the DOJ – acted for Aon Corporation regarding its proposed $4.9bn acquisition of Hewitt Associates. He also advised Viterra on the antitrust aspects of its recent acquisitions of Dakota Growers and 21st Century Grain Processing. Chicago-based John Treece is ‘very strong technically’ and ‘extremely responsive’, and is well known for advising pharmaceutical clients; he recently advised Astellas Pharma US in commercial litigation concerning allegations relating to its business model for a particular product. The practice has been bolstered by two new partners who were previously assistant US attorneys in the Northern District of California: David Anderson in San Francisco and Douglas Axel in Los Angeles will focus on criminal antitrust matters. Joel Mitnick in New York is also recommended.

WilmerHale has extremely capable antitrust teams in several locations throughout the US, particularly in Washington DC, despite losing Doug Melamed to Intel and Robert Bell to Kaye Scholer LLP in late 2009, and the firm retains an impressive roster of clients. William Kolasky, Thomas Mueller and Leon Greenfield are all recognized for their strengths in the field. Additionally, Boston-based James Burling concentrates on litigation and merger issues for internet, biotech and pharmaceutical companies, while Michelle Miller advises on mergers and government investigations, litigation and compliance issues. In California, Robert Badal focuses on the intersection of antitrust and IP law and handles some litigation. Recent merger work includes advising Cisco Systems on representations before the European Commission and DOJ as part of the client’s successful $3.3bn acquisition of the Norwegian video communications company Tandberg; and securing clearance for Qwest Communications’ merger with CenturyLink. In government investigations, the team has been defending Cephalon against FTC lawsuits and class actions regarding the settlement of Hatch-Waxman patent litigation; and Intel against FTC monopolization and DOJ hiring practice investigations. Cartel investigations also feature strongly where recent work includes representing JPMorgan in DOJ and SEC investigations into potential anti-competitive conduct in the municipal derivatives markets.

Wilson Sonsini Goodrich & Rosati advises on antitrust aspects of M&A, criminal and civil investigations by government agencies, antitrust litigation and advice on issues relating to intellectual property. In working with Fortune 100 global enterprises as well as venture-backed start-ups, the group has gained expertise across a broad array of industry sectors, ranging from software and medical devices to food services and media. The group is particularly renowned for its work in the technology sector, where previous work included advising Sun Microsystems on its $7.4bn acquisition by Oracle Corporation in 2009. Washington DC-based Susan Creighton, a former director of the FTC’s Bureau of Competition, is recommended for antitrust advice generally, while Renata Hesse focuses on antitrust litigation and counseling and is a former chief of the networks and technology enforcement section of the Antitrust Division at the DOJ. In New York, Jonathan Jacobson represents corporations in high-profile antitrust litigation and investigations.

Bingham McCutchen LLP’s antitrust team provides ‘sound, practical and savvy’ advice, while the group’s ‘depth of talent’ is such that its ‘associates are capable of handling matters in the absence of partners’. The group is spread across four US offices that collectively handle mergers, government investigations and class actions, with the latter being an area in which the practice is particularly strong. The firm also recently added a competition partner to its London office. Recent merger work includes representing Cognos, a Canadian corporation, on its $5bn acquisition by IBM, which required pre-merger clearance in the US, EU, China, Brazil and South Africa. The team’s class action litigators have been described as ‘smart-as-a-whip gentleman lawyers; practical and commercial but real bulldogs’. In particular, Richard Taffet has an ‘excellent strategic view and is capable of noticing changes in a situation and formulating appropriate counter-arguments very promptly’. He represented SanDisk in successfully dismissing class actions by direct and indirect purchasers. Donn Pickett is an ‘exceedingly knowledgeable, experienced, hardworking and excellent trial lawyer’, whose recent successes include settling a class action for companies owned by international luxury group, LVMH. Practice co-head Holly House is also highly regarded.

Although relatively small, Cadwalader, Wickersham & Taft LLP fields a ‘world-class’, ‘super, results-oriented’ antitrust practice which offers advice on mergers, joint ventures and other strategic alliances, litigation and counseling, and grand jury investigations, an area in which it is particularly active. Although perhaps not as visible as some other firms acting for clients under amnesties, the team focuses on building solid defense cases and has also begun to develop its body of plaintiff representations. The large Washington DC office maintains a good working relationship with the agencies through a team which includes numerous former government officials. Among these is Charles Rule, a former assistant attorney general of the Antitrust Division at the DOJ, who is ‘fabulously experienced’, ‘enormously brilliant’, ‘one of a handful of people everyone respects’ and ‘at the very top of his game’. Anthony Nanni, a former chief of the national criminal antitrust enforcement section of the Antitrust Division, is also recommended. Jonathan Kanter, a former FTC merger enforcement attorney, focuses on the technology and internet markets, industries for which he demonstrates a deep understanding. The practice’s recent highlights include acting for Pfizer during its merger with Wyeth and representing Microsoft on various transactions, including the company’s high-profile acquisition of Yahoo!’s search business, which was recently approved by US and European antitrust officials. The team continues to defend a major financial institution in a class action alleging an antitrust violation in connection with auction rate securities; and is advising several clients as plaintiffs in antitrust actions against Google.

Staffed principally by litigators, Debevoise & Plimpton’s US antitrust team resides within the litigation department and operates predominantly from New York, working in collaboration with European colleagues in London, Paris and Frankfurt. The group provides a well-rounded service to plaintiffs and defendants, and has experience across a wide range of industries, managing a workload that is split fairly evenly between mergers, investigations and litigation, with an increase in merger mandates recently. The ‘extraordinarily knowledgeable’ Gary Kubek – who has ‘a cost-effective approach’, ‘responds rapidly’ and ‘makes himself very available’ – has been representing the Association of American Publishers regarding challenges, including a DOJ investigation, to its settlement with Google over its scanning of books for the Google Library Project. In merger clearance work, the team represented Reynolds Group on its $6bn acquisition of Pactiv Corporation, a NYSE-listed packaging and storage manufacturer, and advised Hertz Global Holdings on its proposed $1.56bn acquisition of Dollar Thrifty Automotive Group. Litigator Daniel Abuhoff is also recommended.

Dewey & LeBoeuf LLP has demonstrated the capability to deal with multiple cases across a broad practice covering cartels and related private litigation, conduct cases, Robinson-Patman Act price discrimination cases, antitrust enforcement and patent rights, and standard-setting cases. The group also expanded its IP and antitrust law expertise by recruiting Washington DC-based Joseph Lavelle from Howrey LLP. Global practice co-head Jeffrey Kessler in New York is ‘an absolutely wonderful lawyer who pulls together highly competent and effective teams but remains fully engaged and in control’. His recent highlights include advising Panasonic on the cathode ray tubes investigation and compressors investigation, and the firm regularly represents Panasonic in major antitrust matters. In multi-district actions, New York-based Eamon O’Kelly has been defending JSC Uralkali, a Russian potash producer, regarding price-fixing allegations made by competitors; and defending Munich Reinsurance America against bid-rigging allegations. David Turetsky, who is ‘very thorough’ and has ‘deep subject matter expertise’, advises broadly on antitrust matters. He recently scored an important Supreme Court victory for the National Football League Players Association (NFLPA), which won a decision against the National Football League’s (NFL) bid to be viewed as a single entity and thereby immune from antitrust rules. Turetsky is also representing the NFLPA in Tom Brady et al vs the National Football League et al, concerning alleged antitrust violations by the NFL resulting from a breakdown in negotiations over collective bargaining agreements. Turetsky also acted for MetLife on its $16bn purchase of American Life Insurance from AIG, which involved filings in over 70 countries.

Hunton & Williams LLP’s practice runs the full gamut of antitrust activities with its primary areas of focus including antitrust litigation, and advice on consumer protection matters as well as distribution and franchise systems. In addition to a strong team in Washington DC, the group also has a very deep Brussels practice, managed by a number of partners formerly at the European Commission. The practice’s track record includes representing Raytheon in defending a private antitrust complaint brought by Honeywell alleging that Raytheon and Rockwell entered into an anti-competitive exclusive teaming agreement. It also represented Vulcan Materials Company and Florida Rock Industries in a series of significant class action lawsuits alleging price fixing in Florida’s cement and concrete markets. Other clients include Mastercard International, Delta Airlines and The Scotts Miracle-Gro Company. Bruce Hoffman now heads the group following Hewitt Pate’s departure to Chevron. Hoffman is a former deputy director of the FTC’s Bureau of Competition. Thomas Slater in Richmond heads the litigation team, while Hoffman leads on cases at the intersection of IP and competition law where he can utilize his experience in licensing, patent pooling and standard setting. Ray Hartwell heads the criminal and cartel defense practice, while David Higbee, Melvin Orlans, as well as Hoffman and Hartwell handle merger clearances. All recommended lawyers are based in Washington DC unless noted otherwise. Keila Ravelo departed to Willkie Farr & Gallagher LLP in New York.

The ‘excellent and dedicated’ antitrust practice at McDermott Will & Emery LLP works closely with its international offices, particularly in Europe, on international cartels, government investigations and private and class action litigation. Joseph Winterscheid heads the practice from Washington DC, an office which houses 36 of the firm’s 80 antitrust lawyers and is supported by teams nationally. Jon Dubrow won dismissal of a class action filed by Warren General Hospital against Amgen, the world’s largest biotech company, alleging illegal tying practices. Dubrow also secured victory for the Free File Alliance (FFA) regarding an agreement with the Internal Revenue Service, through which the FFA facilitated free access to online tax services for certain US taxpayers. The Chicago team’s recent work includes defending Dairy Farmers of America, the largest dairy cooperative in the US, in class actions alleging monopolization and conspiracy in the market for cheese and dairy products. Joel Grosberg and Raymond Jacobsen are recommended, along with David Marx in Chicago, a former FTC and DOJ lawyer who is praised for his ‘knowledge, client responsiveness, and direct answers’. Significant recent additions to the team include Alison Smith, a former deputy assistant attorney general in the Antitrust Division of the DOJ, who joined the Houston office from Haynes and Boone, L.L.P.. Each of the recommended partners is based in Washington DC except where noted otherwise.

Morrison & Foerster LLP has a well-rounded antitrust practice, with ‘strong analysis’, ‘excellent organization’, ‘very practical and timely advice’ and ‘good international coverage’. It has 60 antitrust lawyers across all of its offices, with a particularly strong corporate and antitrust presence in Asia, which often makes it the firm of choice for Japanese clients. Head of litigation Jeffrey Jaeckel, who divides his time between Washington DC and Virginia, recently represented Astellas Pharma before the FTC on its $4bn tender offer for OSI Pharmaceuticals, the second largest US acquisition by a Japanese pharmaceutical firm. The team’s strategy of focusing on emergent industry sectors has seen it develop particular expertise at the intersection of antitrust and intellectual property law. For example, the highly recommended Stephen Smith in Washington DC and Michael Miller in New York defended Allied Security Trust (AST) in litigation brought by Siti-Sites.com alleging that three of AST’s members (for which AST acquires patent licenses) conspired to artificially depress the price of mobile wireless patent licenses. In another case, Sean Gates led a team defending Funai against antitrust claims in a case involving standard setting and intellectual property, alleging that Funai had monopolized the market for digital television technology. A cross-office team in New York and London is representing Cadbury in a case involving more than 70 class and individual actions alleging a conspiracy to fix the price of chocolate products in the US. A team in Washington DC advised Intel on its $1.4bn acquisition of Infineon Technologies’ Wireless Solutions Business.

Described by one client as ‘the best I have ever used in 20 years of hiring antitrust outside counsel’, Orrick, Herrington & Sutcliffe LLP’s practice is traditionally weighted more towards non-merger work, but its recent representations include acting for CoorsTek on the acquisition of assets from Saint-Gobain. The group’s presence in Silicon Valley also sees it representing clients such as Microsoft, for which Robert Rosenfeld is a ‘a great counsel and courtroom lawyer’ providing US and international antitrust and competition law advice. As well as offices in California, New York and Washington DC, the firm is particularly well connected in the EU through Ted Henneberry, who previously held a position as a senior competition enforcement official in the European Union and who divides his time between London and Washington DC. The practice recruited two new partners: Robert Reznick in Washington DC joined from Hughes Hubbard & Reed LLP and is ‘a superior antitrust lawyer in every way’, while Lisa Tenorio-Kutzkey in San Francisco focuses on white-collar crime and cartel matters. Reznick is representing Merck & Co in various matters including a federal antitrust case filed by a secondary pharmaceutical wholesaler, alleging a conspiracy among major manufacturers over the sale of prescription drugs. Other recent work for the team includes representing defendants in the first antitrust case challenging an alleged price-fixing conspiracy in China. David Goldstein in San Francisco, who specializes in IP-related antitrust litigation, is ‘very smart, very practical and extremely responsive’. David Smutny demonstrates ‘unrelenting dedication to the client’ and is ‘dogged, persistent, loyal and smart’.

Baker & McKenzie has one of the largest antitrust practice groups, with over 300 attorneys and professionals focusing on antitrust and competition law. The firm’s extensive international presence gives it a truly global antitrust practice with a strong presence in every key region, including Asia and Latin America as well as the US and Europe, and working relationships with enforcement agencies in 33 countries. In the US, the Washington DC office focuses predominantly on agency related work such as merger clearance and government investigations, while teams in New York, Chicago and San Francisco cover a range of other matters including cartel work and class actions. Recent work for the Chicago and California offices includes representing Tatung Company of America in two separate multi-district litigations, In re TFT-LCD Antitrust Litigation and In re CRT Antitrust Litigation, involving over 200 individual class actions. In New York, Darrell Prescott and Charles Critchlow, who is ‘practical, responsive and displays good judgment’, have been representing Baldwin Filters in over 50 antitrust class actions in the US and Canada alleging violations of laws in 48 states, the District of Columbia, Puerto Rico and Canada. The New York team is also advising Panalpina World Transport (Holding) Ltd on cartel investigations in the EC, Brazil, Switzerland and New Zealand. In Washington DC, co-chair of the group David Clanton is leading a team advising Stericycle on its acquisitions of competitors in the medical waste industry, which are currently being reviewed by the DOJ.

Historically, DLA Piper LLP has been better known for its US antitrust litigation work, but its merger experience should not be overlooked; its recent work includes advising on a major merger within the digital TV market, which entailed dealing with antitrust and competition authorities in the US, Europe, and Asia. The vastly experienced David Bamberger, who is based in Washington DC, chairs the practice and is ‘one of the most knowledgeable attorneys in the country; very accessible and mindful never to churn a file’. Offices in the US regularly collaborate on a range of deals, helping the team to provide an efficient and streamlined service nationally, while its broad international footprint reaches across the UK, Belgium, France, Germany, Austria, Hong Kong, China and Australia to enable the practice to advise on multi-jurisdictional matters. Recent work for Bamberger includes representing a major airline in two multi-district class actions concerning air cargo and passenger pricing practices, part of a swathe of global litigation for which the firm also acts as global coordinating counsel. The group also won a victory for Reddy Ice Holdings, the largest US seller of packaged ice, when it convinced the DOJ to take no action against the company or any of its employees after a lengthy investigation into allegations of illegal agreements in the packaged ice industry. Additionally, James Nelson in Dallas is ‘a top-notch lawyer at a top-notch firm’, while Carl Hittinger in Philadelphia brings his ‘excellent experience’ and ‘tireless efforts’ to proceedings.

Dickstein Shapiro’s seven-partner practice, based in Washington DC and New York, acts for defendants in antitrust litigation but most notably has developed a flourishing plaintiff practice, representing primary purchasers of products from suppliers that have participated in unlawful cartels, particularly clients that have opted out of class actions. In New York, Denise Plunkett and co-leader of the group Jay Fastow have been working on a number of matters including representing several Sucampo Group companies as plaintiffs in an ICC arbitration against Japan’s largest pharmaceutical company alleging breach of contract and wrongful termination. The team also acted for ZF Meritor LLC and Meritor Transmission Corporation in a private antitrust action involving claims of anti-competitive conduct relating to heavy-duty truck transmissions, where the firm recently achieved a jury verdict in Meritor’s favor on all liability issues. Richard Leveridge in Washington DC represented more than 50 opt-out plaintiffs including The Coca-Cola Company, PepsiCo, DuPont and Anheuser-Busch in pursuing price-fixing allegations against a group of manufacturers of corrugated paper products; the clients won significant multiples of the damages they would have received as members of the class. On the defense side, the team has experience representing corporations and individuals in litigation, investigations and enforcement actions; Plunkett regularly represents financial institutions such as MasterCard and Eagle Bank.

Fried, Frank, Harris, Shriver & Jacobson LLP advises clients on the full range of antitrust issues, but its core competency is perhaps advising high-end clients on significant cross-border mergers and acquisitions. With most of this work attracting the attention of the FTC, clients unsurprisingly praise the team for its ‘good knowledge of the workings of the FTC’, particularly Peter Guryan in New York, who ‘has a good working relationship with the FTC’. The regular stream of transactions has allowed the team to cultivate strong relationships with clients who appreciate its ‘patience, consistent guidance and quality of work’. The group advised Merck & Co on its $41bn merger with Schering-Plough. Other recent merger highlights include advising Abraxis BioScience on its $2.8bn acquisition by Celgene, creating a leading global provider of oncology drugs, and acting for Houghton International, a leading supplier of metalworking fluids, in reaching a settlement with the FTC concerning its investigation of Houghton’s 2008 acquisition of D.A. Stuart. Eight litigation partners staff the practice in New York and Washington DC, with recent work including acting for Malaysia Airlines in a multi-district litigation involving price-fixing allegations and representing clients in investigations into the air cargo and freight-forwarding industries. Practice head Barry Nigro in Washington DC is a former deputy director of the FTC’s Bureau of Competition, and has expanded the European antitrust practice with a new partner in London.

K&L Gates’ antitrust practice handles contentious and non-contentious work. Its litigation team advises on federal and state agency antitrust investigations and the defense and prosecution of civil and criminal claims, including class actions and merger-related litigation. The practice also provides advice and counseling on mergers and acquisitions, intellectual property, compliance programs, distribution systems and consumer protection issues. Although slightly more limited in scope than its peers, the group has demonstrated the capability to act on high-profile class action matters, significant private antitrust claims and large-scale mergers. Highlights included defending Deere & Company, a multibillion-dollar publicly traded machinery manufacturer, in 65 class actions asserting a mix of federal and state antitrust claims, federal RICO claims and state consumer fraud claims relating to horsepower ratings on lawnmowers. The group also represented a leading global nuclear power equipment supplier against claims of an alleged attempt to monopolize the sale of certain ancillary equipment for nuclear power plants. Its track record also includes having acting for Delta Air Lines on its merger with Northwest Airlines in 2008. Litigator Philip Van Der Weele in Portland has acted for clients including American Suzuki Motor Company and Xerox Corporation; he is highly recommended, as is Kenneth Glazer in Washington DC, a former deputy director of the Bureau of Competition at the FTC.

Linklaters’ 20-lawyer US antitrust practice has developed well over the last five years, and has strengthened its relationships with premier clients. The team includes five partners and is deemed to be ‘first rate’, in addition to which it is closely integrated with the 120-lawyer practice globally, enabling it to work closely with outfits in Brussels, Paris, London, Dusseldorf and Asia. The firm has added several new clients in the healthcare and horticulture industries and earned additional instructions from existing clients such as BP and RBS. Most of the team’s high-profile work historically has been in the litigation space, which continues to keep the team busy, but the group has enjoyed a raft of merger work more recently. Practice head Thomas McGrath and Jeffrey Schmidt, a former director of the Bureau of Competition at the FTC, advised on several big-ticket transactions in 2010, including representing RBS on its $3.2bn divestiture of WorldPay credit card business and on the completion of the ABN Amro transaction. The team also acted for BP on the $7bn acquisition from Devon Energy of oil and gas assets in Azerbaijan, Brazil and the Gulf of Mexico, and advised Rio Tinto plc on divestment strategies following its defense against BHP Billiton’s $147bn hostile bid and proposed investment by Chinalco. A litigation team led by McGrath and James Warnot has acted on numerous significant cases for Air France-KLM; in the summer of 2010, the team helped the client to settle the air cargo antitrust class actions for $87m.

Paul, Hastings, Janofsky & Walker LLP is steadily growing its antitrust and competition practice, which is now staffed by 16 partners across three continents. The hub of the practice is Washington DC, where global competition group head Michael Cohen, cartel specialist Kirby Behre and class action defense expert Ham Loeb are based. Cohen – who is ‘responsive’, ‘efficient’, ‘a true expert in antitrust for consumer products companies’ and ‘an experienced litigator’ – defended the Twin America merger of the Gray Line and CitySight New York transportation tour bus services. This involved a state investigation, a US Surface Transportation Board Review and class actions contending an unlawful monopoly. Behre leads a global team of lawyers defending UTi Worldwide, a freight forwarder and global logistics company involved in a long-running investigation across five continents regarding allegations of collusion to raise prices. Loeb is representing Dow Chemical in multi-district litigation alleging a price-fixing conspiracy and seeking more than $1bn in recovery. The group also handles a substantial number of international transactions, including UPL’s acquisition of DuPont’s Manzate business, which required one of the first-ever filings under Columbia’s new merger regulation statute as well as filings in Asia, the EU and Latin America. Criminal defense specialist Larry Barcella, who had represented several executives of a large foreign airline in the DOJ’s investigation into the air cargo industry, sadly passed away in December 2010.

Pillsbury Winthrop Shaw Pittman LLP’s 20-lawyer antitrust and competition practice operates predominantly from Washington DC and West Coast offices, and focuses on class action litigation, investigations, merger transactions, and advice and counseling. Roxane Polidora specializes in class action lawsuits and also advises on the federal Credit Card Accountability, Responsibility and Disclosure Act, and is ‘a respected expert in antitrust and Californian unfair competition law’ who is ‘particularly good at strategic thinking and following through in complex litigation matters’. Polidora’s recent work includes representing plaintiff GE Healthcare in a favorable resolution after two years of intense litigation against a competitor, in which the defendant brought antitrust counterclaims relating to monopolization. The highly recommended Jacob Sorensen, based in San Francisco, who ‘works extremely diligently, vigorously and in a highly professional manner’, has a diverse complex litigation practice that includes substantial experience with international cartel investigations and follow-on litigation. Also recommended is Michael Kass, who represented Dynegy in In Re Wholesale Natural Gas Antitrust Litigation in which plaintiffs alleged billions of dollars in damages as a result of alleged price fixing and market manipulation activities in the natural gas market.