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Cartel in United States

Cleary Gottlieb Steen & Hamilton

Effective across a wide range of sectors, Cleary Gottlieb Steen & Hamilton brings a wealth of experience to significant domestic and multi-jurisdictional cartel investigations conducted by both US and European antitrust authorities. The department specializes in leniency programs, compliance issues, and follow-on litigation. Structured in a somewhat non-hierarchical manner, the group is primarily based in the firm’s Washington office. The exceptionalJeremy Calsyn plays a leading role in global cartel investigations, in many instances successfully resolving investigations with significant fine reductions or without imposed fines. Meanwhile, Mark Leddy and Brian Byrne combine litigation know-how with adept investigation practices, often with regard to price-fixing issues. Other names to note include Elaine Ewing, whose recent work stands out in the technology sector; and Kenneth Reinker, who can tackle antitrust issues and investigations matters from an economist’s point of view.

Other key lawyers:

Jeremy Calsyn; Mark Leddy; David Gelfand; Mark Nelson; Brian Byrne; Elaine Ewing; Kenneth Reinker

Testimonials

‘We feel CGSH teams have very good communication with the authorities, such as the DOJ. That enables them to lead a reasonable solution for clients after necessary back-and-forth negotiations.’

‘Jeremy Calsyn’s expertise and communication skills are exceptional, and he is indeed reliable and we fully trust him. He is so considerate and has an exceptional ability to understand what the clients require and need.’ 

Mark Nelson is an exceptional litigation lawyer before the courts. We have always won court cases in the US, largely owing to him.’

Key clients

Aisin Seiki

Bosch

Citigroup

Faurecia

“K” Line

NSK

Yazaki

Work highlights

  • Representing a producer of food products in connection with an international pricing investigation.
  • Represented a client in a DOJ antitrust grand jury investigation involving air cargo, resulting in the successful closure of the investigation with no action.
  • Represented Dow Chemical in a DOJ antitrust grand jury price-fixing investigation involving methylene diphenyl diisocyanate (MDI), resulting in successful closure of the investigation with no action.

Gibson, Dunn & Crutcher LLP

Gibson, Dunn & Crutcher LLP fields attorneys who are regularly sought after by large corporations for their expertise in both cartel investigations and follow-on litigation. The practice group is jointly led by Rachel Brass in San Francisco and Stephen Weissman, who joined in February 2021 from Baker Botts L.L.P.. With noted strengths on both coasts, the team regularly serves as global counsel for leniency applicants in international cartel investigations. Also recommended are Cynthia Richman, who primarily focuses on assisting technology clients in coordinated investigations; Scott Hammond, who specializes in the representation of companies and executives in investigations conducted by domestic and foreign competition enforcement authorities, from Asia to Latin America; and Jeremy Robison, who has additional expertise in internal investigations and criminal “no-poach” investigations; and Daniel Swanson in the firm's Los Angeles office. Jarrett Arp departed in August 2020 to join the antitrust group at Davis Polk & Wardwell LLP.. Named lawyers are based in Washington DC unless stated otherwise.

Practice head(s):

Stephen Weissman; Rachel Brass

Other key lawyers:

Cynthia Richman; Jeremy Robison; Josh Lipton; Scott Hammond; Daniel Swanson

Key clients

Deutsche Telekom

Swisher

Panasonic

Uber

Smithfield Foods

Visa

Uber

Baxter International

Woodbridge

Barnes & Noble Education

Hogan Lovells US LLP

Under the leadership of former FTC chairwoman Edith Ramirez, Hogan Lovells US LLP represents corporations and individuals in high-stakes cartel investigations at a regional, domestic and international level. Placing an emphasis on international work, Kathryn Hellings (Washington DC) specializes in price fixing conspiracies in sectors as varied as life sciences, financial services, transportation and technology. Also based in DC, senior associate Daniel Shulak is noted for his expertise in both internal and DOJ investigations. Elsewhere in the group, San Francisco-based Megan Dixon assists clients with addressing potential legal exposure arising out of antitrust violations. Susan Musser recently departed the firm to take up a role at the FTC.

Latham & Watkins LLP

Latham & Watkins LLP has a demonstrable ability to seamlessly handle follow-on litigation, offering 'sound strategic litigation advice that is proven by the results obtained in court'. The firm fields a robust cartel investigation team, which often appears as global coordinating counsel in international cartel investigations, in which it leverages its reach worldwide; it handles investigations in countries as far-flung as China, South Africa and Brazil, among others. Led globally by Amanda Reeves in Washington DC, the group counts among its ranks San Francisco-based Niall Lynch, an 'extremely knowledgeable cartel lawyer' who specializes in high-stakes criminal and civil price-fixing investigations with an international bent. In New York, Elizabeth Prewitt ('very well-regarded in the DOJ and effective') focuses on matters arising in the financial services, technology and pharmaceutical sectors. Bay Area-based global vice chair Belinda Lee is also highly experienced in multi-jurisdictional investigations.

Practice head(s):

Amanda Reeves; Belinda Lee

Other key lawyers:

Niall Lynch; Elizabeth Prewitt; Daniel Wall; Lawrence Buterman; Ashley Bauer; Meaghan Thomas-Kennedy

Key clients

StarKist Co.

Olam Peanut Shelling Company

BMW AG

Ferrellgas

Toshiba Samsung Storage Technology Korea Corporation

Toyo Denso

Sumida Corporation

Union Pacific Railroad Company

Tim Mulrenin

Work highlights

  • Representing StarKist Co., the largest packaged tuna supplier in the US, in a criminal DOJ investigation and civil MDL litigation.
  • Representing Olam International, a Singapore-based food and agribusiness company and its US subsidiary, Olam Peanut Shelling Company, in a class action in which peanut farmers allege a conspiracy in the billion dollar runner peanut market in violation of Section 1 of the Sherman Act.
  • Obtained multiple dismissals of all claims against BMW AG in the so-called “Circle of Five” emissions and technology-restraint conspiracy litigation filed by two proposed classes of auto dealers and consumer plaintiffs.

White & Case LLP

White & Case LLP’s US antitrust offering forms a vital part of the firm’s global competition group, with the department being able to offer seamless cartel advice internationally. It has placed itself at the forefront of multiple cartel-related issues, on which it advises both US and non-US multinationals. Washington DC-based Mark Gidley steers the department; he has extensive experience advising companies and individuals on fundamental due process rights in the context of dawn raids, among other areas. Also based in DC, Peter Carney frequently assists clients with a variety of cartel investigations brought by antitrust enforcers; George Paul defends clients in cross-border investigations alleging market allocation, consumer protection requirements, and monopolization. Stationed in Boston, Michael Kendall stands out for his healthcare sector work, as well as for his knowledge of matters sitting at the nexus of antitrust and securities law. The practice of DC-based duo Christopher Curran and associate Adam Acosta also partially revolves around cartel enforcement.

Practice head(s):

Mark Gidley

Other key lawyers:

Christopher Curran; Peter Carney; Michael Kendall; George Paul; Adam Acosta

Testimonials

‘Adam Acosta has an exceptionally strong reputation in the legal industry. He is very knowledgeable about competitor collaborations, responding to government antitrust investigations, and information exchanges.’ 

‘Strong reputation for cartel matters. Extensive experience with cartel litigation and government investigations, including trial wins in this area. White & Case generally tries at least one major cartel case a year.’

‘Adam Acosta has a strong reputation for successfully handling government investigations and litigating cartel/conspiracy antitrust cases, including a recent string of client wins in the franchisor-franchisee, hospitality, and pharmaceutical sectors.’

Key clients

Richard Usher

Nexans

Maruyasu Industries Co. Ltd.

Itron

Furukawa Electric Corporation (FEC) / American Furukawa, Inc. (AFI)

Toshiba Corporation

Allergan

Nestlé Purina PetCare

Gilead Sciences

Pfizer

Crédit Agricole

Crowdstrike

Facebook

Google, Inc.

Glovo

Hytera

Work highlights

  • Represented former top J.P. Morgan Chase currency trader Richard Usher in the DOJ Antitrust Division’s Foreign Exchange Benchmark trial.
  • Representing Maruyasu Industries Co. Ltd., a Japanese automotive parts manufacturer, in DOJ, EU and other investigations into alleged price-fixing and market allocation of multiple automotive parts.
  • Representing Itron, a leading international water meters producer, in cartel proceedings brought against numerous water meter manufacturers by the Italian Competition Authority for alleged restrictive agreements on competition.

WilmerHale

Exceling in multi-jurisdictional cartel investigations, WilmerHale has ‘a particularly strong antitrust practice and brings top-notch talent to bear on bet-the-company issues’. The group is ‘very efficient and effective’ and places an emphasis on investigations arising in the technology, automotive and financial services sectors. Thomas Mueller heads the overall antitrust group out of the firm’s Washington DC office; he has extensive experience in price-fixing investigations. Also stationed in the capital is Steven Cherry, who complements his civil and class action litigation practice with international cartel investigations and parallel proceedings expertise. Heather Nyong’o (San Francisco) ‘brings a wealth of experience from her time in the Department of Justice and also applies that knowledge in a practical and commercial manner’.

Practice head(s):

Thomas Mueller

Other key lawyers:

Steven Cherry; Heather Nyong’o

Testimonials

‘Comments and opinions are always given to us in a timely manner, with the result of their deep enough analysis. It is indeed the 24/7 service they provide.’

‘A great deal of experience and immense knowledge in the antitrust arena. Steven Cherry, as a leader of the practice, makes their practice robust and practical.’

‘Wilmer Hale has a particularly strong antitrust practice and brings top-notch talent to bear on bet the company type issues. The firm does a fantastic job of utilizing the right talent for the right level of work and is very efficient and effective in their representation.’

Key clients

Compañía SudAmericana de Vapores S.A.

ELNA Co.

Work highlights

  • Representing Compañía SudAmericana de Vapores S.A in cartel investigations in the US and multiple foreign jurisdictions.
  • Represented ELNA Co, Ltd. in a price-fixing investigation conducted by the DOJ, China’s NDRC, Japan’s Fair Trade Commission and other international commissions into an alleged decade-long cartel between manufacturers of tantalum, electrolytic and film capacitors.
  • Represented a large automaker in the DOJ’s antitrust investigation into the client’s plans to negotiate a voluntary plan to reduce greenhouse gas emissions along with three other automakers.

Arnold & Porter

At Arnold & Porter, the antitrust group incorporates defense against government investigations for its diverse client roster into preparation for possible direct and indirect purchaser follow-on litigation. Its expertise encompasses the full spectrum of cartel matters; in the investigations sphere, it is most frequently involved in investigations located in the fuel supply, auto-parts and inductors markets. Stationed in Washington, Debbie Feinstein and Jonathan Gleklen head the overall antitrust group, which includes James L. Cooper, whose follow-on defense practice is augmented by investigation work. In New York, Saul Morgenstern has experience representing clients in a range of domestic and international cartel investigations, while Jennifer Patterson often handles internal investigations concerning potential antitrust violations and advises on compliance programs.

Practice head(s):

Debbie Feinstein; Jonathan Gleklen

Other key lawyers:

Saul Morgenstern; James L. Cooper; Jennifer Patterson

Key clients

Bloomberg

Taiyo Yuden

Visa

Mitsui O.S.K. Lines

Cristal USA

Bristol-Myers Squibb

Oakland Raiders

Sandoz / Fougera Pharmaceuticals

Norfolk Southern Corp.

Shoko Chukin Bank

Work highlights

  • Defending Taiyo Yuden in follow-on civil action arising out of a government investigation into possible cartel conduct in the market for inductors.
  • Represented Fujikura Ltd. and Fujikura America Inc. in direct and indirect purchaser class actions, as well as direct purchaser opt-out litigation, alleging price-fixing with regard to automobile wire harnesses and related products.
  • Represented Samsung Electronics America in a “no poach” class action in the US District Court for the Northern District of California, winning a motion to dismiss with prejudice which was upheld by the US Court of Appeals for the Ninth Circuit on appeal.

Baker Botts L.L.P.

One of Baker Botts L.L.P.'s strong suits is its handling of a mixture of criminal and civil cartel government investigations, as well as follow-on litigation, in dozens of jurisdictions worldwide. The team assists a wide array of clients in both longstanding and new investigations, predominantly arising in the auto parts, cathode ray tubes, generic pharmaceuticals, dental supply distribution, and poultry sectors. Headed up by Maureen Ohlhausen and John Taladay, the department includes “no-poach” agreement expert Joseph Ostoyich (‘the best-qualified competition law attorney we have ever worked with'). Other key practitioners include Erik Koons and Stacy Turner, both of whom are frequently sought after for antitrust investigation work. All named attorneys are located in Washington DC. Former group co-head Stephen Weissman left to join Gibson, Dunn & Crutcher LLP in February 2021.

Practice head(s):

Maureen Ohlhausen; John Taladay

Other key lawyers:

Peter Huston; Joseph Ostoyich; Stacy Turner; Erik Koons

Testimonials

Joe Ostoyich has to be the best-qualified competition law attorney we have ever worked with. He has spent countless hours over the years learning our business and it shows in the quality of the advice he provides.’

Key clients

GOOGLE INC.

FACEBOOK INC.

TARO PHARMACEUTICAL INDUSTRIES LTD.

TOYODA GOSEI NORTH AMERICA CORP.

ROYAL PHILIPS N.V.

EATON CORPORATION

INTERNATIONAL AIR TRANSPORT ASSOCIATION

PATTERSON COMPANIES, INC.

C&S WHOLESALE GROCERS, INC.

Work highlights

  • Representing Taro Pharmaceuticals in connection with the DOJ criminal cartel investigation that led to a deferred prosecution agreement with the DOJ Antitrust Division.
  • Advising a technology company on several antitrust matters, including in connection with an FTC investigation into exclusive supply contracts for certain products, as well as a separate FTC investigation on ethernet switches.
  • Represented a client in a non-public investigation by the DOJ Antitrust Division into alleged collusion by the four largest US wireless telephone providers.

DLA Piper LLP (US)

DLA Piper LLP (US) combines domestic strengths with notable work on global cartel investigations; in the cross-border space, the team also benefits from its access to the firm's immense global network. The dedicated cartels group - whose leadership is shared between Lisa Tenorio-Kutzkey (San Francisco) and Lesli Esposito (Philadelphia) - focuses on cartel defense and government enforcement actions, with particular expertise in leniency and amnesty applications, as well as no-poaching agreements. 'Smart, tactical, and experienced’, Tenorio-Kutzkey stands out for her defense of clients in significant criminal cartel investigations conducted by the DOJ with respect to price-fixing, bid-rigging and market allocation conspiracy matters. Alongside its FTC and DOJ experience, the team also has an enviable track record in investigations and enforcement actions conducted by the regulators in the UK, Europe, Australia, and Asia.

Practice head(s):

Lesli Esposito; Lisa Tenorio-Kutzkey

Other key lawyers:

John Hamill

Testimonials

‘The team’s strength lies with Lisa Tenorio-Kutzkey, who is smart, tactical, and experienced.’

Jones Day

The antitrust practice at Jones Day is proficient at handling domestic and cross-border antitrust investigations, as well as subsequent civil actions. The department is notably active in the healthcare, pharmaceutical, energy and technology sectors. Craig Waldman spearheads the group from the Washington DC office, having recently relocated from the firm’s San Francisco hub. A key contact in San Francisco remains Marc Siegel, who has extensive experience handling high-profile cartel investigations in the municipal bonds, auto parts, real estate, capacitors and packaged seafood industries. In Washington DC, both Julie McEvoy and John Majoras combine civil litigation expertise with robust track records in conducting and resolving international cartel investigations. Meanwhile, in the Los Angeles office, Eric Enson focuses his government investigation practice on collusion allegations.

Practice head(s):

Craig Waldman

Other key lawyers:

John Majoras; Julie McEvoy; Eric Enson; Marc Siegel

Kirkland & Ellis LLP

The team at Kirkland & Ellis LLP fields expertise in government investigations defense across a wide range of industries, including air cargo, pharmaceutical, auto parts, and agriculture. The group combines FTC and DOJ know-how with a longstanding track record in navigating international investigations; its specialists in this space are located in offices across the country. Stationed in the firm's Chicago hub, home to the firm's key cartel-savvy attorneys, James Mutchnik and Daniel Laytin complement their personal litigation practices with investigation mandates. Mutchnik especially excels at guiding clients through domestic and international cartel investigations, particularly allegations of price-fixing, monopolization and price discrimination. Other names to note are Chicago-based Christa Cottrell and Washington DC-based Andrea Murino, the latter of whom joined in January 2021 from Goodwin. Kirkland & Ellis LLP

Other key lawyers:

James Mutchnik; Daniel Laytin; Christa Cottrell; Andrea Murino

Key clients

AbbVie Inc.

Amateur Hockey Association of Illinois, Inc.

The Blackstone Group

BASF

Blue Cross Blue Shield Association

The Clemens Food Group

Delphi Technologies PLC

Essendant, Inc.

Huntsman Corporation

Jeld-Wen

Morgan, Lewis & Bockius LLP

Morgan, Lewis & Bockius LLP guides clients right through from the initial investigation stage into final resolution, including follow-on litigation. It acts for clients in a large number of global investigations initiated by the DOJ. Philadelphia-based Steven Reed and DC-based colleagues Jon Roellke and Clayton Everett, Jr - who leads the cartel sub-group - jointly head up the overall practice group. In DC, Everett excels in securing declinations or leniency for clients, while Scott Stempel blends his follow-on litigation work with investigation savvy. Located in Boston, Daniel Savrin ‘is an outstanding competition lawyer’, one whose litigation expertise similarly complements his fluency in investigations and enforcement actions.

Practice head(s):

Steven Reed; Jon Roellke; Clay Everett, Jr

Other key lawyers:

Scott Stempel; Daniel Savrin

Testimonials

‘Daniel Savrin and his team are practical and efficient when providing antitrust advice. They have an incredible amount of expertise, and time and time again demonstrate their ability to address complex issues efficiently and in a value-oriented manner.’

‘Dan Golberg and Daniel Savrin have represented us for a very long time. Daniel has moved into the lead and is an outstanding competition lawyer who does an excellent job advising us on complex matters involving antitrust law.’

‘Great expertise, experience, and results.’

‘They deeply understand not only the product/market in question, but also culture/protocol of the Japanese auto parts industry, and such deep understanding made our pleadings stronger/more persuasive.’ 

‘J. Clayton Everett, Jr. quickly understands the case and client’s needs, and always provided precise and effective support in a timely manner.’

Key clients

BMW Group

Work highlights

  • Representing Glenmark, Teva, Perrigo, and Breckenridge in the high-profile generic drug price-fixing MDL In re Generic Pharmaceuticals Pricing Antitrust Litigation.
  • Represented TDK Corporation in claims arising from alleged cartel conduct concerning the sale of inductors, a widely used electronic component, in a follow-on direct purchaser putative class action and a damages action filed by a significant customer and brought in the Northern District of California.
  • Secured the dismissal of all claims against Sumitomo Mitsui Banking Corp. and several affiliates in the ICE LIBOR antitrust class action Putnam Bank v Intercontinental Exchange in the US District Court for the Southern District of New York.

Morrison & Foerster LLP

Morrison & Foerster LLP assists a broad range of clients in cartel investigations, particularly those involving price-fixing, market allocation, or bid-rigging allegations. Jeff Jaeckel leads the global antitrust practice group alongside Lisa Phelan, who was appointed co-chair in November 2020 and places a special focus on criminal investigations and issues relating to international cartel conduct. Promoted to partner in early 2020, DC-based Megan Gerking also has extensive experience in representing companies in civil and criminal antitrust government investigations before the DOJ, FTC, and state enforcers. Located in the firm’s San Francisco office, Eliot Adelson fuses his litigation practice with internal and government investigation capabilities. In other news, Roxann Henry retired from practice in July 2020.

Practice head(s):

Jeff Jaeckel; Lisa Phelan

Other key lawyers:

Megan Gerking; Eliot Adelson

Key clients

SoftBank Group Corp.

Teradata

Murata Manufacturing Co., Ltd.

Hitachi Ltd.

Matsuo Electric Co., Ltd.

Nexstar Media Group, Inc.

Nouryon Pulp and Performance Chemicals LLC

Continental Building Products

ON Semiconductor

Target Corporation

Entrata, Inc.

Etsy

Paul, Weiss, Rifkind, Wharton & Garrison LLP

At Paul, Weiss, Rifkind, Wharton & Garrison LLP, a group proficient in antitrust issues frequently handles large and intricate multi-regulator investigations and subsequent follow-on litigation. The team is skilled at handling civil and grand jury investigations launched by the DOJ, the FTC, and the European Commission. It also specializes in price-fixing and bid-rigging investigations, particularly in the manufacturing, insurance, and financial services sectors. In New York, Aidan Synnott and Andrew Finch lead the practice group along with Rick Rule, a Washington-based attorney viewed as ‘one of the most renowned figures in the US antitrust/competition field’. DC-based colleagues Joseph Bial and Kenneth Gallo are also key team members. In September 2020, former group co-chair Jonathan Kanter departed to found his own law practice in the capital.

Practice head(s):

Aidan Synnott; Andrew Finch; Rick Rule

Other key lawyers:

Joseph Bial; Kenneth Gallo; Craig Benson

Testimonials

‘Rick Rule is one of the most renowned figures in the US antitrust/competition field. He understands the dynamics of this practice and always seizes the right moment to bring solutions to complex cases.’

‘Joe Bial is a resourceful lawyer with an economics PhD background who is tirelessly diligent and always thoughtful about foreign clients that have a hard time dealing with the US system.’

Key clients

Nippon Chemi-Con Corporation

Simpson Thacher & Bartlett LLP

Praised for its 'excellent multi-jurisdictional capability', Simpson Thacher & Bartlett LLP has considerable experience representing both companies and individuals in global antitrust investigations, most of which involve allegations of collusion, price-fixing, and bid-rigging. Led by DC-based duo Sara Razi and John Terzaken as well as New York-based Peter Guryan, the group assists clients with internal investigations, leniency programs, criminal and regulatory investigations, inspections and dawn raids, and advice on global legal and communications strategies. Previously the director of criminal enforcement in the DOJ’s antitrust division, Terzaken has proven himself in investigations in the financial services, pharmaceutical, professional services, manufacturing, energy, shipping, and food and beverage sectors. Jeffrey Knox is also well equipped to handle DOJ, SEC, and other federal and state agency investigations; he also acts as co-managing partner of the firm's DC office.

Practice head(s):

Peter Guryan; Sara Razi; John Terzaken

Other key lawyers:

Jeffrey Knox

Testimonials

‘John Terzaken provides practical advice and is trusted by clients.’

‘Excellent multi-jurisdictional capability. John Terzaken brings agency experience and a track record in major cartel and white-collar cases. Highly recommended.’

‘John Terzaken is an excellent and seasoned counsel with strong technical expertise and a very good broader perspective.’

Key clients

A National Healthcare Provider

A National Insurance Carrier

Tri-Union

Work highlights

  • Represented a national insurance carrier in a criminal antitrust investigation involving alleged bid-rigging and market allocation.
  • Obtained a declination for a Fortune 100 company in a DOJ antitrust investigation.
  • Acted for a global financial institution in an investigation into alleged collusion involving certain exchange rate trading.

Winston & Strawn LLP

Located in offices across the country, Winston & Strawn LLP’s antitrust lawyers bring to bear decades of experience of global and domestic investigations. In New York, Jeffrey Kessler and Eva Cole jointly lead the department and demonstrate strong investigation know-how in tandem with their litigation capabilities. In recent years, Cole's practice has focused principally on international cartel investigations, most of which are conducted by foreign enforcement agencies in the electronics, sports, and retail sectors. Meanwhile, Kessler’s investigations practice revolves around advice on antitrust, trade, and Foreign Corrupt Practices Act investigations. In Washington, Eric Meiring and Heather Lamberg also handle their fair share of worldwide internal investigations into cartel activity. James Herbison (Chicago) also has a track record in the investigations space.

Practice head(s):

Jeffrey Kessler; Eva Cole

Other key lawyers:

Heather Lamberg; Eric Meiring; James Herbison; Jeffrey Amato; Jim Herbison

Testimonials

‘In addition to being knowledgeable and smart – which are prerequisites – this team is incredibly creative and appropriately aggressive. In addition, their experience on the plaintiffs-side provides a unique and helpful perspective.’ 

Key clients

Panasonic Corporation

NTN Corporation

NEC Corporation

Hitachi Metals

Corning Inc. / Corning International Kabushiki

Kaisha

Fresenius

JTEKT Corporation / JTEKT North America

Corporation / Koyo France SA / Koyo

Deuthchland GmbH

Baxter International / Baxter Healthcare

Corporation

Nippon Seiki

Discover Financial Services

Nishikawa Rubber Co. Ltd.

Work highlights

  • Representing six different clients in a series of class actions and MDLs involving more than a dozen automotive part products in the Eastern District of Michigan.
  • Secured dismissal for Baxter International, Inc. with prejudice of a proposed class action accusing of conspiring with rival Hospira, Inc. to limit production of intravenous (IV) saline solution bags to artificially increase prices on the products.
  • Defending Panasonic in long-running litigation brought by plaintiffs alleging that Panasonic Corporation and other cathode ray tube (CRT) manufacturers agreed to fix, raise, maintain, and stabilize the price, while also limiting the production, of CRTs and CRT products to customers in the U.S.

Davis Polk & Wardwell LLP

Collaborating closely with the firm’s white-collar defense department, Davis Polk & Wardwell LLP's antitrust offering is underpinned by a strong financial services focus. It is primarily retained by clients for government investigations pertaining to the foreign exchange market, US agency bonds, and the US treasury market. Splitting his time between New York and California, Arthur Burke leads the practice. New York-based duo Angela Burgess and Greg Andres are well-versed in investigations concerning allegations of market manipulation, insider trading,  tax fraud, and money laundering. In August 2020, the group welcomed Jarrett Arp from Gibson, Dunn & Crutcher LLP, adding enviable DOJ criminal investigation expertise into its ranks.

Practice head(s):

Arthur Burke

Other key lawyers:

Angela Burgess; Greg Andres; Jarrett Arp

Linklaters LLP

Working in close conjunction with the firm's European offices,  Linklaters LLP's criminal cartel investigations practice earns praise for its 'global footprint and the seamless way it is able to provide its clients with advice across all jurisdictions as a result'. Merger control specialist Tom McGrath leads the wider antitrust practice. Douglas Tween is in charge of the government investigations and cartel group, whose work also encompasses crisis management advice, compliance and risk assessment matters, and governance issues. Over the past few years, the group has operated with the greatest frequency in the pharmaceuticals, oil and gas, financial services, transportation, and chemicals sectors.

Practice head(s):

Tom McGrath

Other key lawyers:

Douglas Tween; Ben Bauer; Antonia Sherman; John Eichlin

Testimonials

What makes Linklaters so fantastic to deal with is its global footprint and the seamless way it is able to provide its clients with advice across all jurisdictions as a result. This coupled with the efficiency with which they consistently provide practical and commercial advice are, in my opinion, their greatest strengths.’

Key clients

Qiagen N.V.

GrandVision

Bayer

Société Générale

Nestle

Covestro AG

G4S plc

Strides Pharmaceutical

Work highlights

  • Advising GrandVision in EssilorLuxottica’s high-profile $8.5bn takeover creating a leading global eyecare and eyewear company.
  • Advised Bayer AG as lead global counsel on the $7bn sale of its animal health business to Elanco.
  • Acting for Strides Pharmaceutical in connection with various civil actions alleging price-fixing among manufacturers of generic drugs.

O'Melveny & Myers LLP

Jointly headed up out of Washington by Ben Bradshaw and Ian Simmons, O'Melveny & Myers LLP represents an array of individual executives, executive committees and corporations. The team focuses on antitrust investigations, whether conducted by the DOJ and the FTC or by enforcement agencies in the US and overseas. Bradshaw, in particular, regularly represents multinational companies in international cartel investigations, namely those concerning price-fixing, monopolization, and unfair and deceptive trade issues. Located in the New York office, Mark Racanelli has expertise in price-fixing and bid-rigging allegations.

Practice head(s):

Ben Bradshaw; Ian Simmons

Other key lawyers:

Michael Tubach; Marc Racanelli; Andrew Frackman

Key clients

Asiana Airlines

Bitcoin

Novartis

Jayson Penn

Samsung Electronics Co., Ltd.

US Airways

Endo Pharmaceuticals

Qualcomm

Global Music Rights

Honeywell

Wells Fargo

Rohm, Ltd.

US Airways, Inc.

C.R. Bard, Inc.

Royal Bank of Canada

Capital One Financial

Work highlights

  • Represented Bitcoin.com and individual developers in antitrust civil litigation filed in the Southern District of Florida Federal Court.
  • Secured a motion to dismiss for Samsung Bioepis in the nation’s first “pay-for-delay” case involving a biologics product, Humira.
  • Represented Endo Pharmaceuticals, Inc. in an antitrust monopolization case alleging that Endo’s subsidiary, Par Pharmaceutical, prevented a competitor, Fresenius, from seeking to enter the market for the drug Vasopressin Injection.

Ropes & Gray LLP

The antitrust team at Ropes & Gray LLP primarily represents top-level executives and board members in criminal antitrust investigations, occasionally acting for companies and conducting internal investigations for clients suspected of anti-competitive activity. Primarily a first-chair trial lawyer, Mark Popofsky (Washington DC) leads the group alongside New York-based Michael McGovern, whose white-collar practice dovetails neatly with his cartel investigations capabilities. Also in New York is Christopher Conniff, who frequently represents individuals in investigations into the banking and financial services sector.

Practice head(s):

Mark Popofsky; Michael McGovern

Other key lawyers:

Christopher Conniff

Work highlights

  • Representing a former Deutsche Bank AG employee who has been charged with fraudulent and manipulative trading practices involving precious metals contracts on the Chicago Mercantile Exchange.

Sheppard, Mullin, Richter & Hampton LLP

Under the leadership of San Francisco-based Michael Scarborough, Sheppard, Mullin, Richter & Hampton LLP’s cartel investigations capabilities are underpinned by a robust litigation offering. In the investigations field, however, the 'highly-skilled, mature, and experienced' team defends both domestic and multinational clients in connection with antitrust investigations by the FTC and the DOJ, including enforcement actions at the FTC and actions the agencies pursue in federal courts. In recent years, the team has been particularly active in technology sector-related monopolization investigations. Scarborough’s practice encompasses active federal and state cartel criminal enforcement investigations. In the wake of Covid-19, Washington DC-based Leo Caseria has acted for several supermarket chains navigating state and local price gouging investigations.

Practice head(s):

Mike Scarborough

Other key lawyers:

Michael Cohen; Dylan Ballard; Leo Caseria

Testimonials

‘Sheppard has a highly-skilled, mature, and experienced team that you can work with for years.’

‘Not only excellent knowledge and product, but the team understands business needs and finds a way to get things done. Their depth of knowledge across all antitrust channels is top-notch.’

‘Michael Cohen has tremendous practical knowledge, knows the business, knows the board room, and is very passionate about his client.’

Key clients

Reynolds & Reynolds Company

Samsung Electronics

International Seafood Sustainability Foundation

Continental Automotive Systems Inc.

Eset Inc.

Jain Irrigation Inc. / Agri-Valley Irrigation LLC / Irrigation

Design & Construction LLC

Christopher Lischewski (Bumble Bee Tuna CEO)

CalPortland Company

Save Mart Supermarkets

OneBeacon Insurance

Korea Yakult Co., Ltd. / Paldo Co., Ltd.

Fuyao Glass

Work highlights

  • Representing Reynolds and Reynolds Company in US antitrust federal investigations and state attorney general investigations.
  • Defended Eset in a Sherman Act and Cartwright Act antitrust action for damages brought by NSS Labs regarding anti-malware standard setting and testing issues relating to the Anti-Malware Testing Standards Organization.
  • Representing CalPortland Company in its antitrust claim against the four largest US railroads (Union Pacific, BNSF, CSX, and Norfolk Southern).

Vinson & Elkins LLP

Active across a broad range of sectors, Vinson & Elkins LLP’s practice stands out for its representation of clients in monopolization and dominance investigations, many of which involve complex cross-border dimensions. Darren Tucker spearheads the department, which counts among its ranks price-fixing expert Craig Seebald, the technically adroit Alden Atkins, and Hill Wellford whose practice revolves around energy, technology, pharmaceutical and media sector clients. At counsel level, Lindsey Vaala and Brian Schnapp, the latter of whom was promoted to this position in January 2020, provides key support to partners during the course of cartel investigations. All named attorneys are based in Washington DC.

Practice head(s):

Darren Tucker

Other key lawyers:

Craig Seebald; Brian Schnapp; Hill Wellford; Alden Atkin; Lindsey Vaala

Key clients

HeartBrand Holdings, Inc.

H-E-B, LP

Huntsman International

Phadia US Inc.

Magellan Crude Oil Pipeline Company, L.P.

AK Steel Corporation, et. al.

AirTran Airways

Aisin AW / AW Texas

Altagas

Apollo Global Management

Basalt Infrastructure Partners

Blue Racer, LLC

BlueScope

Calumet Specialty Products

ConocoPhillips

Covey Park

Denbury

Devon Energy Corp

Direct Energy

Energy Transfer LP

First Reserve Corporation

Foreflight

Google LLC

Goldman Sachs

HighPeak Energy Partners, LP

Hitachi Automotive Systems Americas, Inc.

Integris Health

Jagged Peak Energy

Kibo Software Inc.

Liberty Oilfield Services

LifeSize Inc.

Lupin Pharmaceuticals

Maxell, Ltd. / Maxell Corporation of America

Momentum Midstream

Magellan Midstream Partners

MoneyGram International Inc.

Morgan Stanley Infrastructure Partners

New Fortress Energy

Noble Energy, Inc.

Oncor Electric

Osaka Gas

Plains All American Pipeline

Quantum Energy Partners

Work highlights

  • Represented Google LLC in the European Commission’s investigation of Google’s mobile business line.
  • Represented Wanhua Chemical America in connection with the receipt of a grand jury subpoena and resulting U.S. Department of Justice, Antitrust Division investigation into the methylene diphenyl diisocyanate (MDI) industry.
  • Representing Hitachi Automotive Systems Americas, Inc., a large Japanese manufacturer and supplier of auto parts, in connection with a federal criminal investigation into the auto parts industry.

Allen & Overy LLP

Working in close collaboration with the firm's global network of offices, Allen & Overy LLP is not only retained by clients in international cartel investigations but also in follow-on litigation and compliance-related mandates. Located in Washington DC, department lead John Roberti complements his cartel class action defense practice with experience of dawn raids and cartel investigations conducted by both domestic and foreign authorities. Working from the firm's New York hub, Todd Fishman specializes in antitrust and securities investigations. In February 2020, Michael Feldberg left to join Reichman Jorgensen LLP.

Practice head(s):

John Roberti

Other key lawyers:

Todd Fishman

Key clients

Robert Bosch

Cargill

Mercuria Energy Trading

Samsung SDI

Tri-Union Seafoods

United Airlines

Love’s Travel Stops and Country Stores

Third Point LLC

Crowell & Moring LLP

Jointly led by Shawn Johnson and Jason Murray from Washington DC and Los Angeles, respectively, Crowell & Moring LLP represents a host of companies and senior executives in civil and criminal government investigations. The team has particular expertise in DOJ cartel investigations in the technology and healthcare industries. Daniel Zelenko has excelled in a variety of high-profile cartel investigations, including generic pharmaceuticals, broiler chickens, auto parts, canned tuna, LIBOR and foreign exchange trading investigations. Promoted to partner in early 2021, Megan Wolf is another practitioner who provides key support in such matters. Stefan Meisner joined the group from McDermott Will & Emery LLP in October 2020, while John Gibson departed in June 2020 for DLA Piper LLP (US).

Practice head(s):

Shawn Johnson; Jason Murray

Other key lawyers:

Daniel Zelenko; Stefan Meisner; Megan Wolf; Juan Arteaga

Key clients

NGK Insulators Ltd

Freshfields Bruckhaus Deringer LLP

The antitrust practice at Freshfields Bruckhaus Deringer LLP specializes in investigations with international elements, coordinating internationally with colleagues from across the globe. It has particular expertise in abuse of dominance and unilateral conduct allegations. Eric Mahr and Paul Yde, both of whom are based in Washington DC, are the key names to note.

Hughes Hubbard & Reed LLP

Hughes Hubbard & Reed LLP's antitrust department routinely assists high-level executives from both domestic and international corporations in DOJ cartel investigations, most frequently in relation to price fixing allegations. The Washington DC-based team, which is presided over by William Kolasky, has wide-ranging experience in criminal investigations. Another notable individual within the group possessing such expertise is Robert Bell, who is also well-versed in antitrust counseling.

Practice head(s):

William Kolasky

Other key lawyers:

Robert Bell; Philip Giordano; Kristin Millay

McDermott Will & Emery LLP

Headed up by the Washington-based Raymond Jacobsen, Jr., McDermott Will & Emery LLP offers the full spectrum of antitrust services, including defense in both domestic and global cartel investigations. Renowned for its robust healthcare antitrust practice, the group has recently been focusing on investigations arising from the auto parts and generic pharmaceuticals industries, as well as issues related to alleged “no-poach” agreements; Chicago-based duo Katharine O’Connor and Stephen Wu are both active in this space. In 2020, the department lost Stefan Meisner to join Crowell & Moring LLP, while David Hanselman took up a role as deputy county attorney in Maricopa County.

Practice head(s):

Raymond Jacobsen, Jr.

Other key lawyers:

Katharine O’Connor; Stephen Wu

Key clients

Allscripts Healthcare Solutions, Inc.

Constellation Brands

Amneal / Impax Laboratories

Lockheed Martin

Premier Inc.

Motorola

NGK Insulators, Inc.

Treehouse Foods, Inc.

Ballad Health

Main Line Health

Southern Illinois Healthcare

Permanente Medical Group

Memorial Hermann Health System and Memorial Hermann Accountable Care Organization

Steward Health Care LLC

Western Maryland Health System

CCPA Purchasing Partners LLP

Geisinger Health

Work highlights

  • Representing Impax Laboratories and Amneal Pharmaceuticals in the In re Generic Pharmaceuticals Pricing Antitrust Litigation, MDL No. 2724.
  • Acted for NGK Insulators, a Japanese auto parts manufacturer in connection with the resolution of a Department of Justice cartel investigation.

McGuireWoods LLP

In the cartel space, McGuireWoods LLP not only handles follow-on class actions and opt-out cases but is also active in the initial investigations that often spawn such actions. Led out of Chicago by 'master of antitrust' Amy Manning, the practice mainly represents corporations and executives in FTC and DOJ investigations. Also in Chicago, Angelo Russo has experience in investigations concerning allegations of price-fixing, bid-rigging, customer and market allocations, monopolization, and no-poach agreements. Brent Justus also has a track record representing clients before overseas authorities. In September 2020, Jonathan Lewis left to join Lowenstein Sandler LLP.

Practice head(s):

Amy Manning

Other key lawyers:

Angelo Russo; Howard Feller; Brent Justus

Testimonials

The individuals I have worked with are very professional and experts in their field. They have a personal approach, and exhibit a strong, positive team culture amongst themselves.’

Amy Manning is a master of antitrust. Her depth of knowledge about the subject matter, counsel and jurisdictions is almost unparalleled. She is an exceptional advocate and a delight to work with.’

Amy Manning is a truly gifted attorney and an absolutely lovely person. She is able to take the temperature down with adversaries, mediators, judges and even clients, when necessary. I would not use anyone else for antitrust matters.’

Very insightful advice; exceptional instincts as to application of law to facts; extremely prompt service.’

Miller & Chevalier Chartered

Miller & Chevalier Chartered is ‘a go-to firm for the representation of individuals ensnared in cartel investigations’, with a recent emphasis on generic drugs investigations in particular. The group is jointly led by Kirby Behre and Lauren Briggerman, who make for an 'exceptionally strong pairing'. Behre's stellar reputation stems from recent involvement in 'almost every significant cartel investigation'; Briggerman has ‘carved out a niche practice representing individuals in cartel investigations and advising companies and individuals with respect to FCPA issues’. All named lawyers are based in Washington DC.

Practice head(s):

Kirby Behre; Lauren Briggerman

Other key lawyers:

Nina Gupta

Testimonials

‘Miller Chevalier, particularly Kirby Behre, is involved in almost every significant cartel investigation, such as auto parts, generic drugs, freight forwarding, and air cargo investigations. They are very active right now in the ongoing generic drugs investigations.’

‘Kirby Behre is outstanding, as is Lauren Biggerman. Both are excellent.’

‘Miller & Chevalier is a go-to firm particularly for representation of individuals ensnared in cartel investigations. Despite the decline in large global cartel investigations, Miller & Chevalier continues to be busy with cartel cases. As a recent example, the firm represents multiple individuals in connection with the investigation into price-fixing in the generic drug industry.’

‘Lauren Briggerman has carved out a niche practice representing individuals in cartel investigations and advising companies and individuals with respect to FCPA issues, many of which often stem from antitrust-related investigations.’

‘Kirby Behre and Lauren Briggerman have likely represented individuals in nearly every major cartel case in the past decade. They have deep experience in this area of law, and they know the key players at DOJ in every major case. They are viewed by the government as reliable.’

‘Kirby Behre and Lauren Briggerman are an exceptionally strong pairing, digging into the facts and taking creating approaches.’

Work highlights

  • Representing two former executives of a generic drug company in multi-district litigation brought by dozens of state Attorneys General and private plaintiffs in relation to the DOJ’s criminal cartel investigation into price fixing, bid rigging, and market allocation in the generic pharmaceutical industry.
  • Representing five current and former executives of a generic drug company, including the former president of the company, in civil litigation following on from the DOJ’s criminal cartel investigation into possible price fixing, bid rigging, and market allocation in the generic pharmaceutical industry.

Orrick, Herrington & Sutcliffe LLP

Orrick, Herrington & Sutcliffe LLP attracts plaudits for displaying ‘deep expertise in the intersection of technology markets and antitrust’, most notably in matters straddling the line between IP and antitrust law. ‘Brilliant competition law strategist' Jay Jurata heads up the group, which assists clients in investigations into allegations of monopoly, abuse of market dominance, and constraint of distribution channels. Elsewhere, Amy Ray ‘has a gift for translating complicated technology and legal analysis into simple, easy to understand bites’. Jim Tierney is a former chief of the DOJ’s networks and technology enforcement section; he brings to bear 'unmatched credibility’ in investigations work. All named attorneys are in the firm’s Washington office.

Practice head(s):

Jay Jurata

Other key lawyers:

James Tierney; Amy Ray

Testimonials

‘High-quality strategic advice and thinking.’

‘Jay Jurata is very savvy and provides responsive antitrust advice, including on the antitrust/IP interface and standards-essential patents. Strong persuasive skills and good knowledge of US government antitrust players, and the international environment.’

‘What makes Orrick special is its deep expertise in the intersection of technology markets and antitrust. They have partners with more than a decade (or two) focused on antitrust issues in these industries spanning government experience and private practice.’

‘Jay Jurata is a highly creative lawyer and pragmatic problem-solver who works tirelessly for his clients and is always focused on his clients’ goals. His expertise in technology markets is perhaps matched only by his partner, Amy Ray. Amy has a gift for translating complicated technology and legal analysis into simple, easy to understand bites. They are a formidable team. Jim Tierney brings similar expertise and unmatched credibility.’ 

‘The firm has carved out a good niche in being able to represent clients against certain large “big tech” companies. The clients benefit from the position in that the firm has accumulated an in-depth understanding and knowledge of not just the legalities but the facts and insight when in a position adverse to the interests of such “big tech” clients.’ 

‘Aside from items such as being responsive, Jay Jurata and Amy Ray do an excellent job in understanding client objectives, and working with the client to remain cognizant of the client’s specific objectives, whether short-term or long-term.’

‘Jay Jurata in particular is a brilliant competition law strategist. He is also highly accessible to his clients and easy to work with.’

Key clients

Microsoft Corporation

Continental Corporation

Intuit Inc.

Sonos

Axon Enterprise, Inc.

Delta Dental Plan of California

Nanya Technology Corporation

Work highlights

  • Representing Sonos in multiple trans-Atlantic antitrust investigations into alleged anti-competitive conduct by both Google and Amazon.
  • Advising Microsoft in relation to various ongoing investigations, inquiries, and legislative and regulatory efforts in the online and other technology industries.
  • Represented Axon in its federal court constitutional challenge to the FTC’s investigation of Axon’s consummated merger of Vievu.

Shearman & Sterling LLP

Although primarily a destination practice for clients facing antitrust claims and litigation, Shearman & Sterling LLP also represents clients in cartel investigations before the DOJ. Traditionally most active in the financial services sector but also expanding its offering into other areas, the department is led by David Higbee and Djordje Petkoski, both of whom are based in Washington DC, alongside Patrick Robbins in San Francisco.

Practice head(s):

David Higbee; Djordje Petkoski; Patrick Robbins

Testimonials

‘Team is very responsive, capable and provides sound practical advice.’

‘Their experience and insight are outstanding and they are able to explain in plain English to the business folks.’

Key clients

1-800 Contacts

Bank of America

Barclays

Blue Cross Blue Shield of Michigan

BNP Paribas

Booz Allen Hamilton

Chevron

GSMA

Intercontinental Exchange

Morgan Stanley

Raytheon

Rubycon

SS&C

Switch

Skadden, Arps, Slate, Meagher & Flom LLP

At Skadden, Arps, Slate, Meagher & Flom LLP, the antitrust practice is jointly led by Washington DC-based global head Steven Sunshine and New York-based North America head Clifford Aronson. It has experience guiding companies through investigations conducted by government agencies, most visibly in FTC and grand jury investigations. The department focuses on allegations of price-fixing, cartels, dominance, parallel trade, and vertical restraints; it also coordinates worldwide strategies in leniency applications in parallel actions by overseas authorities. David Wales in Washington DC is another key figure in the team.

Practice head(s):

Steven Sunshine; Clifford Aronson

Other key lawyers:

David Wales

Weil, Gotshal & Manges LLP

Weil, Gotshal & Manges LLP‘s antitrust services include the representation of clients in government investigations, amnesty proceedings, and international investigation coordination. Adam Hemlock in New York and the Washington DC-based Steven Newborn head the department, which places an emphasis on assisting Japanese clients with US-led antitrust investigations and has been particularly active of late in the electronics space. Associate Kayleigh Golish (New York) offers key support to the cartel practice, from investigations right through to follow-on litigation.

Practice head(s):

Adam Hemlock; Steven Newborn;

Other key lawyers:

Kayleigh Golish;

Key clients

Bridgestone

Marelli (f/n/a Calsonic Kansei)

Chemtrade Logistics Income Fund

Panasonic

Work highlights

  • Represented Panasonic in connection with numerous governmental investigations and related multi-district litigation comprising dozens of class and individual actions pertaining to alleged industry-wide price fixing in the market for cathode-ray tubes (CRTs) and finished products containing CRTs.