Cartel in United States

Cleary Gottlieb Steen & Hamilton

Cleary Gottlieb Steen & Hamilton further strengthened its civil and criminal cartel offering with the recruitment of Heather Nyong’o from WilmerHale in November 2021. Expanding the firm’s capabilities on the West Coast, Nyong’o is a specialist litigator with strong first-chair experience in representing multinationals in high-stakes cartel proceedings. The firm remains a standout across cartel litigation and long-running government investigations, representing major corporates and individuals in proceedings relating to the chicken broiler and auto parts industries, and generics cartel investigations, and is also heavily involved in responding to new labor market-focused cases. Key names in the team include Jeremy Calsyn, particularly active in criminal auto parts investigations, alongside a strong record in global cartel enforcement, San Francisco-based George Cary, a senior antitrust practitioner regularly involved in defense litigation, and former antitrust division head Mark Leddy, a trusted advisor to a number of major international corporates on contentious issues including government investigations. Daniel Culley has international experience, and is particularly active in high-tech industries, and Kenneth Reinker has standout expertise in complex economic issues, regularly contributing to high-stakes cartel litigation. Lawyers are in Washington DC unless otherwise stated.

Other key lawyers:

George Cary; Jeremy Calsyn; Heather Nyong’o; Kenneth Reinker; Daniel Culley

Testimonials

‘Jeremy Calsyn is exceptional. He grasps key issues and makes helpful balanced suggestions. He is always reliable.’

Key clients

Aisin Seiki

Bosch

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 successful closure of the investigation with no action.
  • Represented a global chemical company 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 remains a leading team for cartel defense work, representing major US and multinational companies in investigations and high-stakes litigation both in the US and internationally. The firm offers a deep and experienced bench with past agency expertise, able to represent clients before the DOJ, FTC, state bodies, and international antitrust enforcers, with the practice’s international expertise exemplified by the role of Scott Hammond and Jeremy Robison as bridge counsel to multinational companies facing multi-jurisdictional investigations. Alongside its long-standing strength in media and entertainment, the firm is also active in a number of highly-scrutinised industries, particularly tech, food and semiconductors, notably representing Broadcom in the FTC investigation into its business practices, led by practice co-head Stephen Weissman. Co-head Rachel Brass successfully defended Barnes & Noble against two cases alleging unfair pricing, reflecting their strength in dismissing cartel allegations at and before trial. Richard Parker is another active litigator, handling trials and enforcement actions, while Cynthia Richman is a key name in the team for international cartel and antitrust-related grand jury investigations by the DOJ and international authorities. Lawyers are in Washington DC unless otherwise stated.

Practice head(s):

Stephen Weissman; Rachel Brass

Other key lawyers:

Scott Hammond; Jeremy Robison; Richard Parker; Cynthia Richman

Key clients

Apple

McDonald’s

Broadcom

Amazon

Merck & Co., Inc.

Jimmy John’s

Barnes & Noble Education, Barnes & Noble College Booksellers

Kraft and Mondelez

Smithfield Foods

Swisher

Hogan Lovells US LLP

The team at Hogan Lovells US LLP represents multinational clients in major cartel proceedings, including civil and criminal cases, litigation before US and international antitrust enforcers, and government investigations. The firm has represented clients in major life sciences, technology and automotives cases, among others, and leverages the agency expertise of its senior team and the firm’s international platform to effectively handle global investigations. Former DOJ official Katie Hellings leads the team, handling major cartel investigations in the US and South America, and has been involved in some of the US’ first cartel investigations into so-called ‘no poach’ agreements, a developing area. Daniel Shulak was promoted to counsel in January 2022 and represents clients through internal and criminal investigations as well as follow-on proceedings. Senior associate Melissa Levitt has a broad practice encompassing civil and criminal cartel proceedings, internal investigations, and both federal and state-level litigation. All lawyers mentioned are in Washington DC.

Practice head(s):

Katie Hellings

Other key lawyers:

Daniel Shulak; Melissa Levitt

Key clients

PPG Industries

IBM

Blue Cross Blue Shield Plans

Celgene

Ford Motor Company

Dell

Amcor Limited

AEG

Marvell Technology Group

Albert Einstein Healthcare Network

BMW

Volkswagen

Latham & Watkins LLP

Latham & Watkins LLP is a leading name in cartel defense, leveraging its global platform and deep governmental relationships for civil and criminal cartel litigation, as well as government investigations and follow-on enforcement proceedings, including high-profile representations of StarKist in the DOJ’s criminal investigation into the tuna canning industry, and Square and CashApp in the ongoing investigation relating to so-called “meme stocks”. The team is led by antitrust head Amanda Reeves in Washington DC and San Francisco-based vice chair Belinda Lee, an experienced litigator with a strong record across civil and criminal cartel litigation and follow-on proceedings before global regulators and courts. Also in San Francisco, Niall Lynch represents multinationals and their managers in criminal and civil price-fixing investigations globally, while New York’s Elizabeth Prewitt is particularly known for her expertise in complex financial services cartel investigations. Ashley Bauer in San Francisco handles federal and state antitrust investigations and civil litigation, regularly acting as global co-ordinating counsel for multijurisdictional cases.

Practice head(s):

Amanda Reeves; Belinda Lee

Other key lawyers:

Niall Lynch; Elizabeth Prewitt; Ashley Bauer

Testimonials

‘Elizabeth Prewitt is a force to be reckoned with. She is a true strategic partner, especially when it comes to “bet the company” type of matters.’

Key clients

StarKist Co.

Square, Inc. and Cash App Investing, LLC

Olam International

BMW AG

Ferrellgas

Sumida Corporation

Tim Mulrenin

Dairy Farmers of America

Toyo Denso

Union Pacific Railroad Company

White & Case LLP

The team at White & Case LLP represents major domestic and multinational clients in high-stakes cartel proceedings and litigation, with a successful record in disposing civil and criminal cartel claims in court or on appeal, as well as handling investigations by the FTC, DOJ and international competition authorities. The firm is involved in the full range of US and global cartel cases in key areas such as auto parts, financial services and LCDs, to name a few, and is able to draw upon a broad range of sector and multijurisdictional expertise, regularly representing clients that fall outside of US jurisdiction. An extensive team is headed by Mark Gidley, a hugely experienced practitioner who has seen great success in cartel trials both in the US and internationally, who is currently representing Itron in cartel proceedings brought against numerous water meter manufacturers initiated by the Italian Competition Authority, among other major cases. Peter Carney specializes in healthcare and pharma work, handling a wide range of global antitrust investigations and civil litigation on behalf of clients such as Gilead and AbbVie, while Christopher Curran is noted for his work on precedent-setting cartel cases, including the first-ever litigation of an amnesty agreement. New York’s Robert Milne is heavily active in the pharma and chemicals space, including representation of Pfizer and Sun Chemical in noted antitrust cases, while Frank Hogue is regularly involved in enforcement proceedings, and senior associate Adam Acosta continues to establish himself as a key player in complex cartel litigation. Attorneys are in Washington DC unless otherwise stated.

Practice head(s):

Mark Gidley

Other key lawyers:

Erin McNamee; Michael Kendall; George Paul; Adam Acosta; Frank Hogue; Robert Milne; Peter Carney; Christopher Curran

Testimonials

‘White & Case has a strong reputation as a top-tier firm.’

‘Adam Acosta is a very thorough, hard worker who pays close attention to detail.’

‘The team at White & Case simply go above and beyond for their clients. They delve deep into every aspect of the case exploring every potential avenue. They are not afraid to explore the negative as well as the positive when looking into a case which is vital in being prepared for all eventualities.’

‘The standout difference I found with W/C compared to other firms is a complete lack of fear when defending a case. They make bold and at times aggressive moves in a defense case that other firms would shy away from. When W/C are working for you the authorities know they will not roll over and look for an easy option if a case is defendable.’

‘Mark Gidley. A man feared in the antitrust world and rightly so. He never stops working, thinking and generating ideas. He knows the law inside and out and has proved a tower of strength.’

‘Mike Kendall. A trial lawyer second to none. Engaging with a jury, alarmingly respectful to witnesses allowing him to draw out everything he needs from them. Widely regarded as a legend of the courtroom and in my experience, rightly so.’

‘Erin McNamee’s unique skill set helps her to excel in this unique area of law. Her background in theatre and her work within the legal community at both the DC Bar and LGBT organizations has helped put her work a step ahead. Drawing on these experiences and this community helps her to deal with these complex and fluid issues without ever losing the theme of the case.’

‘White & Case is truly at the top of their game when it comes to antitrust litigation. Whereas other firms are far more likely to give in to unchallenging conventional wisdom, White & Case has consistently demonstrated a tenacious and out-of-the-box approach to the issues – a genuine breath of fresh air in an otherwise crowded mix of law firms, all claiming to be aggressive litigators.’

Key clients

Former lead Foreign Exchange trader for JPMorgan Chase

Itron

Credit Agricole

Toshiba

Google

Abbvie

Pfizer

Anthem

Apex Clearing Corporation

Samsung Bioepis

Gilead Sciences

Novasep Holding

FXI Holdings

Boston Scientific affiliate company BTG International

Experian

Forest Laboratories

Hikma Pharmaceuticals

Allergan

Diamond Tools

Nestlé Purina

Toshiba

Xinyi Auto Glass of North America

V5 Technologies

Work highlights

  • Represented the former lead foreign exchange trader for JPMorgan Chase in charges brought by the Office of the Comptroller of the Currency (OCC) that aimed at banning his trading privileges for life, securing a unilateral dropping of charges.
  • Representing Itron in a cartel proceeding brought against numerous water meter manufacturers initiated by the Italian Competition Authority for alleged restrictive agreements on competition, allegedly put in place for the supply of water meters to the operators of the integrated water service.

WilmerHale

WilmerHale plays a leading role in high-profile civil and criminal cartel proceedings, representing corporate and individual clients in criminal trials, enforcement proceedings, and in government investigations, with a successful record in avoiding prosecutions and fines. The team includes former senior DOJ and governmental officials, and is able to represent clients in a wide range of industries on a multi-jurisdictional basis. Practice head Thomas Mueller is a vastly experienced practitioner with a strong focus on global cartel enforcement proceedings, encompassing litigation, leniency applications and non-prosecution agreements, successfully negotiating a 60% fine reduction for ELNA in the electronic capacitors investigation. Steven Cherry is also a leading figure in the field, and successfully defended DENSO as a private purchaser implicated in the In Re auto parts MDL. Experienced antitrust litigator Mark Ford has been highly active in the generic pharmaceuticals space, and has represented clients before the FTC and European Commission. LA-based Nana Wilberforce was promoted to partner in January 2022, and combines internal investigations and litigation expertise, with a particular focus on price-fixing investigations, assisting clients throughout cartel investigations and negotiating leniency agreements with authorities. Lawyers are in Washington DC unless otherwise stated. Heather Nyong’o left the firm.

Practice head(s):

Thomas Mueller

Other key lawyers:

Stephen Cherry; Mark Ford; Nana Wilberforce

Testimonials

‘Steven Cherry is very clear and direct in his comments. Easy to contact and always available. His experience makes him a very valuable asset.’

Key clients

ELNA Co. LTD

DENSO International America, Inc.

Compañía SudAmericana de Vapores S.A

G4S Secure Solutions USA Inc.

Work highlights

  • Representing Elna in a suit brought by direct purchasers of electronic capacitors.
  • Representing DENSO International in the In Re auto parts MDL.
  • Representing Compañía SudAmericana de Vapores in a criminal investigation by the US Department of Justice’s Antitrust Division into alleged price fixing in the international ocean shipment of vehicles.

Arnold & Porter

Arnold & Porter represents a wide range of domestic and international clients in high-profile cartel proceedings, with involvements in large and complex investigations into auto parts, municipal bonds, air cargo, government procurement, and cathode ray tubes, among many others. The firm provides integrated support throughout government investigations through to criminal defense and follow-on civil enforcement proceedings, with a strong team offering significant DOJ and FTC expertise and boasting a strong record in securing positive outcomes for clients. The team is overseen by antitrust heads Debbie Feinstein and Jonathan Gleklen, while James Cooper is a standout cartel litigator, currently representing Yamashita Rubber Co. in the In Re auto parts investigation. Laura Shores is an experienced trial attorney and is particularly strong in the life sciences space, representing the likes of Sandoz and Bausch Health, while former Deputy Assistant Attorney General Sonia Kuester Pfaffenroth specializes in complex monopolization and price fixing proceedings. Andre Geverola joined the firm in June 2021 having served as Director of Criminal Litigation at the Department of Justice, and specializes in criminal cartel litigation, risk mitigation, and compliance. All lawyers primarily practice in Washington DC.

Practice head(s):

Debbie Feinstein; Jonathan Gleklen

Other key lawyers:

James Cooper; Laura Shores; Sonia Pfaffenroth; Andre Geverola

Key clients

AstraZeneca Pharmaceuticals LP

Bausch Health Companies

Bloomberg L.P.

Bristol-Myers Squibb

Elanco Animal Health

GTL

Koito Manufacturing

Oakland Raiders

Sandoz Inc. and Fougera Pharmaceuticals Inc.

Taiyo Yuden

Visa

Yamashita Rubber Co.

Work highlights

  • Representing Yamashita Rubber Co. and its affiliates in numerous class action and individual litigations alleging price fixing in connection with the sale of anti-vibration rubber parts.
  • Representing Taiyo Yuden, a major Japanese materials and electronics company, in follow-on civil actions arising from a US Department of Justice investigation into possible cartel conduct in the market for inductors.
  • Representing Sandoz Inc. and its subsidiary Fougera Pharmaceuticals Inc. in multi-district litigation comprising actions brought on behalf of 54 states, private plaintiffs and several purchasers, alleging that the defendant pharmaceutical manufacturers conspired to fix or raise the prices of, and allocated markets/customers for, hundreds of products.

Baker Botts L.L.P.

Baker Botts L.L.P.‘s  ‘wonderful, hard working‘ team is heavily involved in a variety of high-profile cartel investigations, working on behalf of major corporates in criminal and civil proceedings, as well as handling investigations, internal compliance, and broader policy issues, with team members regularly contributing to thought leadership and ongoing legal debate in key emerging areas such as labor market issues, Big Tech and intellectual properties. The criminal cartel practice is primarily led by John Taladay, a leading figure in the space with a strong record in securing acquittals and leniency agreements for major clients, notably securing a DPA for Taro Pharmaceuticals in its case against the DOJ. Maureen Ohlhausen co-heads the practice and takes the lead on civil antitrust investigations, regularly representing clients in price-fixing and filing investigations, with a standout representation in 2021 being her work for Facebook and Google in the FTC’s Special 6(b) investigation into prior acquisitions by Big Tech companies. Taylor Owings joined the firm from the DOJ in June 2021, and has notable expertise in the interface between intellectual property and antitrust issues, a growing area of focus in cartel investigations. Erik Koons is leading the firm’s representation of the National Association of Boards of Pharmacy in the Southern District of New York, against allegations of unfair competition, while Joseph Ostoyich is vastly experienced in monopolization litigation. Stacy Turner handles civil and criminal cartel investigations, with expertise in a range of cartel defense strategies. All lawyers mentioned are in Washington DC.

Practice head(s):

John Taladay; Maureen Ohlhausen

Other key lawyers:

Taylor Owings; Erik Koons; Joseph Ostoyich; Christopher Wilson; Stacy Turner

Testimonials

‘John Taladay’s team is wonderful, hard working, responsive, smart, prudent. Fantastic team.’

Key clients

Amazon

Facebook

Google

QVC, Inc.

Caterpillar Inc.

CenterPoint Energy

Qualcomm

UnitedHealth Group Incorporated

Halliburton

HEB

Ericsson

Georgia-Pacific LLC (GP Wood Products LLC)

Waste Management, Inc.

American Industrial Partners, LLC (AIP, LLC)

Broadcom

Conversant Wireless Licensing SARL

Eagle Materials

HollyFrontier Corp

Irico Display Devices Co., Ltd.

JSW Steel (USA) Inc. / JSW Steel USA Ohio, Inc.

Koninklijke Philips N.V., Philips North America LLC, Philips Taiwan, Limited and Philips do Brasil Ltda.

Liberty Media Corporation

Magellan Midstream Partners LP

Masco Corporation

McDermott International, Inc.

National Association of Boards of Pharmacy

Olin Corporation

Royal Dutch Shell

Safariland

Sandoz, Inc.

SSW Partner LP

Sun Pharmaceuticals / Taro Pharmaceuticals

Westlake Chemical Corporation

Zydus Pharmaceutical, Inc.

Work highlights

  • Representing Taro Pharmaceuticals in connection with the DOJ criminal cartel investigation that led to a novel Deferred Prosecution Agreement (DPA) with the DOJ Antitrust Division.
  • Representing Broadcom, a global manufacturer of semiconductors, in connection with an FTC investigation, complaint and settlement into exclusive supply contracts for certain products.
  • Representing HollyFrontier in a FTC post-closing antitrust investigation with a civil investigative demand after it had closed on its $655m acquisition of Sonneborn US Holdings Inc. and Sonneborn Co.

DLA Piper LLP (US)

DLA Piper LLP (US)‘s global cartel offering represents corporate clients in criminal cartel litigation, as well as in government and regulatory investigations by European, US, UK and Asian authorities, with the firm’s US-based litigators working closely with the global offering to co-ordinate multi-jurisdictional responses to cartel proceedings and enforcement actions. With a broad range of sector expertise, the team handles investigations in key sectors, with particularly notable involvements in the insurance and pharma spaces. Former DOJ prosecutor Lisa Tenorio-Kutzkey leads the team from San Francisco, and has a strong reputation in both criminal cartel litigation and associated investigations, as well as regularly successfully negotiating with regulatory agencies to avoid prosecution of clients. Los Angeles’ John Gibson is an experienced trial lawyer who has represented clients in criminal antitrust proceedings, while Houston’s Allissa Pollard takes point on corporate investigations across a number of Latin American jurisdictions. Chicago-based Michael Mayer represents clients in government investigations and private litigation into price-fixing, monopolization and vertical/horizontal agreements.

Practice head(s):

Lisa Tenorio-Kutzkey

Other key lawyers:

John Gibson; Allissa Pollard; Michael Mayer

Key clients

Danielson National Insurance Company

Work highlights

  • Representing Danielson National Insurance Company in a putative class action relating to price-fixing.

Jones Day

Jones Day combines corporate and individual representation in criminal cartel litigation, including high-stakes proceedings in rail, semiconductors and capacitors investigations, with a strong record in civil cartel investigations and follow-on enforcement proceedings of national and international significance. The firm fields an experienced team with DOJ and FTC experience, overseen by San Francisco-based antitrust head Craig Waldman. Also in California, Eric Enson is strong across jury trials and DOJ investigations into alleged cartel conduct, while in Washington DC, former Deputy Associate Attorney General Julie McEvoy is a specialist antitrust litigator with extensive experience in civil and criminal antitrust matters, conducting and resolving investigations, and defending clients against civil litigation brought by federal agencies. Also in DC, John Majoras is a go-to counsel for multinational companies facing international cartel investigations and litigation.

Practice head(s):

Craig Waldman

Other key lawyers:

Eric Enson; John Majoras; Julie McEvoy; Michelle Fischer; Brian Grube

Testimonials

‘The team is top notch. We had a big team of top notch partners, as well as people working closer to the ground. It led to a very, very efficient  project in a bet-the-company piece of litigation.’

‘John Majoras, Michelle Fischer, and Brian Grube are all absolutely top notch antitrust litigators. We had challenging opposing counsel but they were cool under pressure and did not give in to the other side’s antics.’

Kirkland & Ellis LLP

Offering significant agency experience, the team at Kirkland & Ellis LLP is adept in representing clients in a broad range of industries throughout government cartel investigations and associated litigation, with a focus on price-fixing, monopolization, generic drugs and intellectual property. The firm represents parties in key cartel investigations, most notably acting for AbbVie in ongoing FTC litigation relating to anticompetitive conduct in the generics space, and also has notable capabilities in cartel investigations into private equity portfolio companies, assisting many of the firm’s leading PE fund clients. Senior names in the team include the experienced Chicago-based duo of James Mutchnik, a go-to counsel for government and internal investigations, international cartel litigation, and criminal proceedings arising from cartel allegations, and Daniel Laytin, a specialist litigator regularly involved in civil and criminal cartel cases. The team’s expertise in media and telecoms work was bolstered by the arrival of Scott Scheele, who joined the Washington DC office in December 2021, having served as head of the Antitrust Division’s Media, Entertainment and Communications Section.

Practice head(s):

James Mutchnik; Daniel Laytin

Other key lawyers:

Scott Scheele

Key clients

AbbVie

Forest Laboratories

Ares Management Corporation

Blue Cross & Blue Shield Association

Hitachi, Ltd.

JELD-WEN, Inc.

Sanderson Farms, Inc.

The Clemens Family Corp.

Thomson Reuters Corp.

UnitedHealth Group, Inc.

Wellmark Blue Cross and Blue Shield

Morgan, Lewis & Bockius LLP

Morgan, Lewis & Bockius LLP is involved in a wide range of global cartel investigations and enforcement actions, representing a bevy of high-profile corporate clients before both the DOJ and FTC as well as international antitrust agencies. The team has considerable in-house enforcement and industry-specific expertise, representing clients throughout cartel investigations in the automotive, electronics (including superconductors), healthcare, pharmaceuticals and energy sectors, enjoying a particularly successful record in litigation. Washington DC-based Clayton Everett Jr heads up the cartel investigations team, and handles civil and criminal cartel and non-merger investigations by the DOJ and FTC, securing immunity and leniency for a number of international clients, as well as successfully avoiding enforcement actions against clients in contexts where other parties were fined. Former federal and DOJ prosecutor Mark Krotoski in Silicon Valley is an authority on cartel enforcement and is an active defense counsel in litigation as well as co-ordinating responses to investigations, while Boston-based Daniel Savrin specializes in consumer protection issues, and regularly represents clients against civil and criminal cartel actions at state and federal level. Scott Stempel retired from the firm in December 2021.

Practice head(s):

Clayton Everett Jr

Other key lawyers:

Mark Krotoski; Daniel Savrin

Testimonials

Clay Everett is top of class in antitrust law. He is an expert on the Sherman Act, he gives common sense and reasoned guidance and counsel, and he knows how to defend enforcement actions brought by the government. I want Clay on my team.’

‘They had deep understanding about the industry/products and the business culture/custom in Japan, which are very important when laying out the defense strategy.’

‘Clayton Everett Jr. was especially outstanding. He quickly and accurately understands the case and is excellent in defense strategy making.’

Key clients

BMW Group

Work highlights

  • Represented several defendants in the multi-district In Re generic pharma litigation.
  • Representing a healthcare company in proceedings against criminal antitrust charges brought by the DOJ’s Antitrust Division alleging that the client entered into non-solicitation agreements with two other companies.
  • Represented several parties in the ICE LIBOR antitrust class action Putnam Bank v. Intercontinental Exchange.

Morrison Foerster

Morrison & Foerster LLP takes the lead on major technology, healthcare, and financial services sector investigations, acting on behalf of domestic and international clients, both corporate and individual, with a particular specialism in acting for Japanese clients facing DOJ and FTC scrutiny over cartel activity. The team is regularly sought out by clients for its considerable in-house experience, exemplified by practice co-chair Lisa Phelan‘s lengthy tenure as a senior DOJ Antitrust Division enforcer, during which time she played a key role in pharmaceutical and proteins sector investigations, and continues to lead on major sectoral investigations. Alongside support in investigations, encompassing compliance and responses to regulatory scrutiny, the team also regularly represents clients in civil and criminal litigation. The practice was further bolstered by the arrival of co-head Alex Okuliar, a specialist in civil enforcement, and David Shaw, both joining from the DOJ Antitrust Division. San Francisco-based Eliot Adelson regularly handles cross-border investigations, and is lead counsel to Murata Manufacturing in a price-fixing investigation by the DOJ, while Megan Gerking is recognised as an up-and-coming name in the market, primarily working with healthcare and energy companies, such as Glenmark Pharmaceuticals, on cartel investigations. Also in San Francisco, Bonnie Lau is an active litigator, regularly defending clients in antitrust trials and handling counterclaims. Lawyers are in Washington DC unless otherwise stated. Jonathan Gowdy  has left the firm.

Practice head(s):

Alex Okuliar; Lisa Phelan

Other key lawyers:

Eliot Adelson; David Shaw; Megan Gerking; Bonnie Lau

Key clients

Gary McDonald

Glenmark Pharmaceuticals

Hitachi Ltd.

Jean Paul Van-Avermaet

Matsuo Electric

Murata Manufacturing

Nexstar Media Group

Work highlights

  • Reprsenting Nexstar Media Group in an antitrust investigation by the DOJ.
  • Representing Glenmark Pharmaceuticals in a multi-district antitrust litigation relating to price-fixing in the generic pharma industry.

Paul, Weiss, Rifkind, Wharton & Garrison LLP

The team at Paul, Weiss, Rifkind, Wharton & Garrison LLP includes a number of former senior DOJ antitrust officials and leading trial lawyers, and handles a combination of major government investigations, alongside civil and criminal litigation relating to cartel activity and follow-on damages, with a highly successful record in acting for blue-chip corporates as well as individuals. The firm is a powerhouse in the financial services industry, and has also handled high-profile bid-rigging and price-fixing investigations for clients in the energy, technology and manufacturing sectors on a global basis, representing clients against DOJ and FTC investigations as well as before the European Commission and other international antitrust enforcers. The team is led by Andrew C. Finch and Aidan Synnott, a vastly experienced duo who regularly handle complex multi-jurisdictional regulatory investigations and litigation. Also of note are Joseph Bial, who acts for clients in high-stakes civil and criminal cartel proceedings, currently representing Nippon Chemi-Con in an ongoing grand jury trial relating to price-fixing, and sought-after litigator Kenneth A. Gallo, a go-to for bench trials, regulatory investigations, and private litigation for marquee clients. In March 2022, Rick Rule left the Washington DC office to found his own firm.

Practice head(s):

Andrew Finch; Aidan Synott

Other key lawyers:

Joseph Bial; Kenneth Gallo

Testimonials

‘It is typically challenging to find a firm that can scale to whatever problem you have but Paul Weiss’s team has proven adept at that. They combine the highest expertise with hands on and direct problem solving skills.’

‘Ken Gallo is the best lawyer I have ever worked with. Ken not only has the technical legal acumen, he has combined it with the perfect deft touch on the client relations side. He is the highest caliber attorney I know.’

Simpson Thacher & Bartlett LLP

Simpson Thacher & Bartlett LLP is active in major new and ongoing antitrust investigations, working with clients across highly scrutinised industries including fintech, financial services, proteins and healthcare, on DOJ and FTC investigations into cartel activity, also regularly representing clients in litigation and against enforcement proceedings. Specific strengths for the firm include global compliance programs and internal investigations, inspections and dawn raids support, and most notably leniency applications, which the team has a successful record in. The practice is overseen by Washington DC-based John Terzaken, whose expertise spans market sector investigations and litigation in all major industries, including standout representations in the financial services and fintech spaces, and Sara Razi, who handles cartel investigations and merger-related antitrust questions alongside civil enforcement, alongside New York’s Peter Guryan, who combines litigation and investigations expertise. DC’s Jeffrey Knox is another high-profile practitioner who represents multinationals and their executives in high-profile and high-stakes investigations, marrying his experience in the cartel space to his strong record in white-collar criminal cases. Also in DC, Abram Ellis is a leader in the field of follow-on cartel damages litigation.

Practice head(s):

John Terzaken; Peter Guryan; Sara Razi

Other key lawyers:

Jeffrey Knox; Abram Ellis

Testimonials

‘The STB antitrust team is the highest performing external counsel I’ve had the pleasure of working with. The level and quality of communication, availability, creativity, expertise, and strategic thinking is exceptional.’

‘John Terzaken is the now the external counsel by whom I measure all others. He brings unmatched knowledge, experience, relationships, attention to detail, responsiveness and wisdom to each engagement and interaction. I’ve worked with a fairly broad range of specialist counsel on a global basis and consider John the very best of the best.’

‘Simpson Thatcher’s cartel practice is comprised of highly skilled antitrust experts, many of whom have served as senior enforcement officials with competition regulators. We have been impressed with the way in which the firm works collaboratively with our company’s other outside advisors, as well as our team of in-house attorneys.’

‘Our company works primarily with John Terzaken. John stands out for his creative thinking and strategic problem-solving skills, which is why he has been trusted to handle some of our most complex matters. By combining his technical knowledge with his DOJ experience, John provides practical guidance for business realities in a way that promotes compliance and leads to business solutions.’

‘John Terzaken has an impressive background and great relationships with current regulators. John also gives practical advice focused on solutions for difficult problems.’

Key clients

Global Steel-Based Technology Company

Executive of a Public Advertising Company

Global Insurance Company

National Fintech Provider

Global Protein Supplier

Global Chemical Company

Work highlights

  • Representing a national fintech provider in a criminal antitrust investigation into alleged no-poach conduct.
  • Representing a national insurance carrier in a criminal antitrust investigation involving alleged bid-rigging and market allocation.
  • Representing a global financial institution in an investigation into alleged collusion involving brokerage services.

Winston & Strawn LLP

Winston & Strawn LLP has a highly successful record in cartel litigation, defending a wide range of clients in trials and enforcement proceedings relating to cartel activity, including high-profile representations in the auto parts, broiler chicken, and lithium ion batteries investigations. The firm represents companies and executives in government investigations and criminal proceedings, and has further developed its offering with a number of labour market cases, mostly notably relating to no-poach agreements. The practice is led from New York by Jeffrey Kessler, an experienced litigator who has argued in high-profile antitrust cases up to Supreme Court level, most notably leading the team arguing the Alston v NCAA case, which was ruled on in June 2021, and has broad expertise across international cartel litigation, alongside Eva Cole, who is focused on international cartel investigations, acting for clients in a variety of jurisdictions, and led on the firm’s successful representation of the Bearings defendants in the auto parts cartel investigation. Chicago’s Jim Herbison has played a key role in cases in the broiler chicken sector, while Washington DC-based Heather Lamberg is active across government and internal investigations, regularly appearing against the FTC and DOJ. New York’s Jeffrey Amato has handled government investigations in numerous jurisdictions across Latin America and Asia, and also played a key role in litigation relating to the lithium ion batteries investigation, representing Panasonic.

Practice head(s):

Jeffrey Kessler; Eva Cole

Other key lawyers:

Jim Herbison; Heather Lamberg; Jeffrey Amato

Testimonials

The team is incredibly responsive.’

‘Very responsive, knowledgeable, and willing to assist with generally anything.’

Key clients

Panasonic Corporation and related entities

NTN Corporation

Hitachi Metals

Corning Inc.; Corning International Kabushiki Kaisha

Fresenius

JTEKT Corporation; JTEKT North America Corporation; Koyo France SA; Koyo Deuthchland GmbH

Nippon Seiki

Discover Financial Services

Norman W. Fries, Inc. (d/b/a Claxton Poultry Farms)

Relevent Sports, LLC

Camber Pharmaceuticals

Delta Dental Insurance Company

Equifax, Inc.

Work highlights

  • Representing Panasonic, NTN, JTEKT, Corning, Nippon Seiki, and Hitachi Metals in the auto parts MDL.
  • Defending Claxton Poultry Farms in a series of over 15 consolidated antitrust class actions involving allegations that the nation’s largest poultry producers conspired to fix the price of broiler chickens.
  • Representing a major global investment bank and serving as joint defense liaison counsel in a massive antitrust MDL where primary dealers of treasury securities are accused of collusion and manipulation of the $12 trillion annual treasuries market.

Davis Polk & Wardwell LLP

Davis Polk & Wardwell LLP represents major domestic and international clients across a broad range of industries in high-profile, complex cartel investigations, alongside civil and criminal litigation and enforcement proceedings. The firm has been involved in major DOJ and FTC investigations, notably acting on behalf of a major social media technology company in parallel DOJ, FTC, and state attorney general investigations. Specialist cartel defense practitioner Jarrett Arp is the driver of the practice, based out of the firm’s Washington DC office, representing institutions and individuals in cartel investigations and litigation, with a successful record across global proceedings and leniency applications. Also in DC, Neil MacBride and Kenneth Wainstein both have governmental experience, and are also accomplished in cartel defense, while New York-based Angela Burgess and Greg Andres are also active in representing clients in alleged cartel-related investigations. The overall team is led by Arthur Burke in New York.

Practice head(s):

Arthur Burke

Other key lawyers:

Jarrett Arp; Neil MacBride; Kenneth Wainstein; Angela Burgess; Greg Andres

Linklaters LLP

Linklaters LLP plays a key role in global cartel investigations, leveraging its international platform to represent high-profile clients in areas including pharma, technology and financial services. The team is led by Tom McGrath, and offers experience from former DOJ and FTC officials, most notably former Antitrust Division prosecutor Douglas Tween, who takes the lead on cartel matters, handling regulatory investigations and parallel civil litigation for clients in a broad range of industries, having represented clients in a number of federal trials as well as in internal investigations into cartel activity. All lawyers mentioned are in New York.

Practice head(s):

Tom McGrath

Other key lawyers:

Douglas Tween; Antonia Sherman

Testimonials

‘True transtlantic offerings are very rare in challenging cartel cases, but Linklaters US provides this. I’ve also been really impressed by their commitments to diversity and to colleague development.’

‘Antonia Sherman takes the stress out of many a potentially difficult situation.’

‘They have a global platform and don’t just focus on US enforcers.’

‘Douglas Tween is an outstanding cartel defense attorney – practical and committed. He is also a very strong trial attorney and brings that to the table in his strategic thinking.’

Key clients

Qiagen N.V.

GrandVision

Société Générale ; SG Americas Securities, LLC

Covestro AG

G4S plc

Strides Pharma Inc.

Kelkoo Group

Bayer AG

Qatar Investment Authority

Dialog Semiconductor plc

Novartis

Nestle

Linde

Tate & Lyle

Work highlights

  • Advised GrandVision in its $8.5bn takeover by EssilorLuxottica.
  • Advised Bayer AG on the $7.6bn sale of its worldwide animal health business to Elanco Animal Health.
  • Representing generic pharma manufacturer Strides Pharma, Inc. in connection with a series of actions consolidated under In Re: Generic Pharmaceuticals Pricing Antitrust Litigation.

O'Melveny & Myers LLP

O’Melveny & Myers LLP represents clients in civil and criminal cartel proceedings, including high-profile litigation, as well as handling government and regulatory investigations and internal compliance matters. Clients include corporates and executives involved in notable cartel investigations, such as the chicken broiler sector proceedings as well as those into technology and auto parts. The team is led by the Washington DC-based duo Ian Simmons, a successful cartel litigator with involvement in major multi-district and federal cases, alongside Ben Bradshaw. San Francisco’s Michael Tubach specializes in criminal cartel litigation, as well as representing clients in government investigations, while Anna Pletcher, also in San Francisco, is a former federal prosecutor with expertise in a broad range of cartel cases. DC-based counsel Scott Schaeffer has played a key role in several of the firm’s high-profile cartel defense proceedings, and has successfully resolved cartel claims against clients in a broad range of sectors.

Practice head(s):

Ian Simmons; Ben Bradshaw

Other key lawyers:

Michael Tubach; Anna Pletcher; Scott Schaeffer

Work highlights

  • Representing a third party in the DOJ and state AG investigations into potentially anticompetitive monopolization by Google of online search, digital advertising or related products and services.
  • Representing an online real estate marketplace company in proceedings alleging a horizontal conspiracy to foreclose a discount real estate brokerage.
  • Representing a speaker company in litigation and multiple trans-Atlantic antitrust investigations into alleged anticompetitive conduct by both Google and Amazon related to smart speakers.

Ropes & Gray LLP

Ropes & Gray LLP strengthened its investigations practice with the arrival of Samer Musallam from the DOJ Antitrust Division in January 2021. The team handles the full range of matters for corporate clients, encompassing internal investigations into suspected anti-competitive behaviour, representation in cartel investigations and enforcement proceedings, and follow-on damages litigation. The firm acts for companies and their executives, with particular strength in the tech and financial services sectors, and also leverages its international reach for cross-border investigations. The team is led by New York-based Michael McGovern, who focuses on high-stakes criminal defense proceedings, alongside Washington DC’s Mark Popofsky. The firm also has a strong office presence in Boston.

Practice head(s):

Mark Popofsky; Michael McGovern

Other key lawyers:

Samer Musallam

Key clients

Former Precious Metals Trader at Deutsche Bank AG

Mallinckrodt Pharmaceuticals, plc

State Street Bank and Trust Company and Currenex, Inc.

Work highlights

  • Representing pharmaceutical manufacturer Mallinckrodt in lawsuits brought by a coalition of state attorneys’ general against 26 pharmaceutical companies and ten executives alleging a conspiracy to inflate and manipulate the prices of dozens of generic drugs.
  • Representing a former Deutsche Bank precious metals trader who was charged in January 2018 in the Northern District of Illinois with one count of conspiracy to commit wire fraud affecting a financial institution and 16 substantive counts of wire fraud affecting a financial institution.
  • Representing State Street and its subsidiary, Currenex, Inc., in a class action on behalf of users of Currenex.

Sheppard, Mullin, Richter & Hampton LLP

Sheppard, Mullin, Richter & Hampton LLP has a successful record in cartel defense litigation, representing corporate and individual clients in civil and criminal proceedings against the DOJ, as well as opt-out and state Attorney General cases. The primarily West Coast-based team has a strong focus on the electronics sector, representing a wide range of major clients including Samsung, and also has expertise in the petrol, cybersecurity and essential patents space. Practice head Mike Scarborough represents Samsung and its subsidiaries in a number of high-profile cases, including relating to lithium ion batteries, while Washington DC-based Michael Cohen is active in cartel defense proceedings, most notably at present for executives at Reynolds & Reynolds in the tuna canning cartel investigation. Also in DC, Leo Caseria has broad sector expertise and is also regularly involved in international cartel proceedings. Dylan Ballard handles civil and criminal litigation, and was involved in several of the cases for Samsung Electronics. Lawyers are in San Francisco unless otherwise stated.

Practice head(s):

Mike Scarborough

Other key lawyers:

Michael Cohen; Leo Caseria; Dylan Ballard

Testimonials

‘Mike Scarborough is a very effective antitrust lawyer.’

‘I do think that Mike Scarborough is a stand-out partner and exceptional attorney.’

Key clients

Continental Automotive

Reynolds & Reynolds Company

ESET LLC

Jain Irrigation Inc.

Fuyao Glass America Inc.

San Francisco Association of Realtors

Work highlights

  • Representing telematics supplier Continental Automotive Systems Inc in their antitrust suit against three large holders of patents essential to practicing the 2G, 3G and 4G cellular standards, accusing them of colluding via patent pool Avanci LLC to artificially inflate royalties.
  • Representing Reynolds and Reynolds Company in U.S. antitrust federal investigations, state attorney general investigations, federal multidistrict litigation and federal lawsuits challenges state regulations, all relating to alleged data access disputes in the market for automotive computer system software.
  • Representing CalPortland Company in its antitrust claim against the four major US railroads, alleging billions of dollars in damages, revolving around an alleged scheme to fix fuel surcharges.

Vinson & Elkins LLP

Vinson & Elkins LLP represents clients in a broad range of industries, including tech, pharma, airline and chemicals, with notable strength in handling cross-border civil and criminal cartel proceedings, with standout international representations of Wanhua and Hitachi in FTC and DOJ cartel investigations. The firm offers significant agency expertise through a number of former DOJ and FTC officials, and has broad geographical reach with particular strength in Washington DC, Texas, and California. Alden Atkins has been particularly active in the airline space during 2021, representing Southwest Airlines in the ongoing DOJ investigation into airline capacity, and AirTran in a multi-district case relating to bag fees, cases that Houston-based Jason Powers is also playing a key role in. The team is led by Darren Tucker, a specialist in DOJ and FTC proceedings in the technology, energy and pharma sectors, while Hill Wellford takes the lead on governmental investigations within the US and internationally. Brian Schnapp is a specialist in representing multinational companies in cartel and price-fixing investigations, with Lindsey Vaala also a key name for global cartel defense. Lawyers are in Washington DC unless otherwise stated.

Practice head(s):

Darren Tucker

Other key lawyers:

Alden Atkins; Jason Powers; Hill Wellford; Brian Schnapp; Lindsey Vaala; Craig Seebald; Matt Jacobs

Testimonials

‘V&E’s antitrust group has excellent skill and experience in defending antitrust investigations.’

‘Craig Seebald and Matt Jacobs are highly experienced in defending antitrust investigations, including internal investigation, risk assessment, and negotiation with authorities. They are also good at coordinating with foreign lawyers which is important in international cartel cases.’

Key clients

AirTran Airways

HeartBrand Holdings, Inc.

H-E-B, LP

Huntsman International

Phadia US Inc.

Southwest Airlines, Inc.

Magellan Crude Oil Pipeline Company, L.P.

AK Steel Corporation, et. Al – railroad MDL

Google LLC

Hitachi

Wanhua Chemical (America) Co., Ltd.

BlueScope

Calumet Specialty Products

Maxell, Ltd. And Maxell Corporation of America

Riverstone

Switchback II Corporation

Enable Midstream Partners, LP

Group 1 Automotive, Inc.

ioneer Lrd.

The Sinclair Companies

Liberty Oilfield Services Inc.

ZenBusiness

Direct Energy

Noble Energy, Inc.

Plains All American

Chevron Phillips Chemical Co.

Vida Capital, Inc.

Work highlights

  • Advising Southwest Airlines in multi-district litigation where plaintiffs assert that airlines’ public comments signalled an intention to conspire with other airlines to limit growth in supply.
  • Representing shippers from the steel, power generation, chemicals and agriculture industries in antitrust lawsuits alleging that the four largest railroads in the United States conspired to fix prices by establishing rate-based fuel surcharges.
  • Represented AirTran Airways, Inc in a multi-district antitrust putative class action alleging that AirTran and Delta conspired to adopt fees for the first checked bag, known as “first bag fees.”

Allen & Overy LLP

Allen & Overy LLP handles cartel investigations in a variety of key sectors, including involvements in ongoing proceedings relating to the auto parts, seafood and poultry sectors, alongside a growing focus on the fintech space, combining domestic and international expertise across litigation and enforcement proceedings. The firm regularly represents businesses in litigation against the FTC, DOJ and state attorney generals, as well as handling compliance advisory and investigations matters. The team bolstered its capabilities with the arrival of Noah Brumfield as practice co-head from White & Case LLP, who has a strong record in the tech space, and cross-border specialist Hugh Holman‘s arrival from Aramco.  All lawyers mentioned are in Washington DC. John Roberti left the firm in March 2022.

Practice head(s):

Noah Brumfield

Other key lawyers:

Hugh Holman

Testimonials

‘The A&O cartel team is tremendously experienced and gives very pragmatic and actionable advice.’

‘Full service firm capped with excellent lawyers in all legal areas.’

‘Noah Brumfield is an outstanding antitrust lawyer who deeply understand clients’ business and can provide clients with practical legal advice.’

Key clients

Samsung SDI

Tri-Union Seafoods

Robert Bosch LLC

Merz Pharmaceuticals

Barclays Bank Plc

BNP Paribas

Hughes Hubbard & Reed LLP

Hughes Hubbard & Reed LLP represents domestic and international companies, as well as individuals, in DOJ investigations and proceedings relating to anti-competitive behaviour, with broad sector expertise including media and entertainment, electronics, and pharma. The Washington DC-based team includes a number of former DOJ officials, including practice head William J. Kolasky, former deputy assistant attorney general at the Antitrust Division, and former prosecutor Philip Giordano. Robert B. Bell is another key name in the team, with all key members offering significant experience in civil and criminal antitrust proceedings.

Practice head(s):

William J. Kolasky

Other key lawyers:

Phillip Giordano; Robert B. Bell

Testimonials

‘This is a world class practice led by Robert Bell on the cartel side and William Kolasky on the civil and merger side of the practice. Mr. Bell has represented major Japanese companies before the US Department of Justice. We worked together under joint defense agreements and collaborated on ABA Antitrust Section programs and various antitrust publications.’

‘Robert Bell is an excellent practitioner who has great credibility at the Department of Justice. I think of him as an antitrust scholar as well as practitioner and have spent hours discussing antitrust and economic issues. He is the real thing. I have also had hours of conversation on international competition issues. His range of antitrust knowledge is remarkable.’

McDermott Will & Emery LLP

McDermott Will & Emery LLP represents clients in a broad range of cartel defense proceedings, including litigation brought by the FTC, DOJ and international antitrust bodies, as well as handling regulatory investigations and follow-on civil damages claims. The firm has a long-standing strength in the healthcare section, handling cartel cases in the highly-scrutinized generic pharmaceuticals space, and also represents clients in other investigations of note, including the international auto parts cartel, and the ongoing investigation into no-poach agreements. The team is led by Ray Jacobsen, a vastly experienced antitrust counsel with a success record in litigation, while Gordon Greenberg is a key name for civil and criminal government investigations.

Practice head(s):

Ray Jacobson

Other key lawyers:

Gordon Greenberg

Testimonials

‘MWE has a plethora of resources available to all clients. The expansive list of contacts makes me feel well covered.’

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

TriHealth

Baxter Healthcare

Southern Illinois Healthcare

Permanente Medical Group

Allscripts Healthcare Solutions, Inc.

TreeHouse Foods, Inc.

Geisinger Health

Lake Health

Cedars Sinai Health System

US Anesthesia Partners

Motorola Mobility LLC

Honey Bum

Work highlights

  • Representing two defendants, Impax Laboratories and Amneal Pharmaceuticals, in a major antitrust multidistrict litigation.

McGuireWoods LLP

McGuireWoods LLP works across the full range of cartel matters, representing clients in criminal and civil defense proceedings and government investigations, alongside co-ordinating internal compliance and communication policies. The team has a particularly strong record in securing favorable decisions under the DOJ Antitrust Division’s Leniency Program. Clients include public and private companies in a variety of industries, as well as individual executives. Amy Manning leads the team, representing domestic and international companies in DOJ investigations and criminal proceedings, as well as advising on compliance programs. Angelo Russo is active on behalf of clients in government enforcement and private cartel litigation cases, while Sarah Zielinski specializes in antitrust and consumer protection litigation, with a notable capability in pricing issues. All lawyers mentioned are in Chicago.

Practice head(s):

Amy Manning

Other key lawyers:

Angelo Russo; Sarah Zielinski

Miller & Chevalier Chartered

Miller & Chevalier Chartered is active in high-profile, long-running cartel investigations, both civil and criminal, with standout representations of executives in the chicken broiler and construction aggregate sectors, and has increased its involvement in the generic drugs investigation, representing a growing number of involved parties. The firm has a successful record in defending clients before the DOJ, and also has standout expertise in cross-border cases. The DC-based team is led by Kirby Behre, a vastly experienced litigator who regularly defends clients accused of cartel activity in court, and Lauren Briggerman, who focuses on investigations across a variety of industry sectors, most notably proceedings with international elements.

Practice head(s):

Kirby Behre; Lauren Briggerman

Testimonials

‘Highly committed and client focused, willing to go the extra mile.’

‘Kirby Behre and Lauren Briggerman are both highly talented, experienced and committed. They handle cartel matters often and bring a lot of experience to the table.’

‘The team has tremendous experience representing executives in government investigations with the DOJ antitrust criminal division. They work seamlessly with company counsel and work in a collaborative fashion. At any time, they represent individuals in nearly every major antitrust criminal investigation being conducted by DOJ, and have great success representing their clients. No team at any law firm that I have worked with has as much experience and success representing individuals in these cases.’

‘Kirby Behre and Lauren Briggerman have massive amounts of experience in these kinds of criminal cartel cases.’

‘Miller & Chevalier has strong white collar defense capabilities related to both corporate and individual representation in connection with government investigations and related civil litigation proceedings. Because of Miller & Chevalier’s breadth of experience, they are a trusted partner for my clients who need referrals for white collar defense, specifically for current and former executives with potential exposure in cartel investigations. They are also able to expand their involvement to continue representing clients as matters evolve.’

‘Kirby Behre and Lauren Briggerman are a dynamic duo when it comes to representing current and former executives in DOJ investigations and related civil litigation. They vigorously defend their individual clients’ interests while working effectively with corporate counsel, where appropriate. They are always looking around the corner for potential exposure and risks for their clients and are able to navigate nuances of representing individuals in parallel criminal investigations and civil litigation to effectively minimize risks.’

‘I have worked closely with partner Lauren Briggerman. She is one of the go-to cartel lawyers in Washington, DC. She has extensive experience representing both companies and individuals in antitrust matters, including clients based outside of the US. Lauren is also a leader within the local antitrust Bar. She helped found the Women’s Antitrust Forum, a DC-based networking and programming group for seasoned antitrust practitioners. I highly recommend her to any prospective antitrust clients.’

Orrick, Herrington & Sutcliffe LLP

Orrick, Herrington & Sutcliffe LLP has standout expertise in technology antitrust cases, representing major sector clients such as Microsoft and Zillow in high-profile cases before the DOJ and FTC. Most notably, the firm represents Microsoft in the DOJ’s lawsuit alleging anticompetitive behaviour by Google, led by experienced first chair and practice head Jay Jurata and up-and-coming antitrust litigator Amy Ray. The team offers in-house enforcement expertise, primarily through former DOJ Networks and Technology lead James Tierney, and also represents clients in other key market sectors including consumer electronics and automotives. All lawyers are in Washington DC.

Practice head(s):

Jay Jurata

Other key lawyers:

Amy Ray; James Tierney

Key clients

Microsoft Corporation

Delta Dental of California

Nanya Technology Corporation

Sonos Inc.

Zillow Group, Inc.

Instacart

ACV Auctions, Inc.

Continental Corporation

Work highlights

  • Representing Microsoft as a third party in the DOJ and state AG investigations into potentially anticompetitive monopolization by Google of online search, digital advertising or related products and services.
  • Representing Zillow in defense of a Section 1 antitrust case  alleging that Zillow and the National Association of Realtors are engaging in a horizontal conspiracy to foreclose a discount real estate brokerage from disrupting the typical 6% seller-buyer commission sales model.
  • Representing Sonos in litigation and multiple trans-Atlantic antitrust investigations into alleged anticompetitive conduct by both Google and Amazon related to smart speakers.

Shearman & Sterling LLP

Shearman & Sterling LLP represents clients in international cartel investigations across a number of targeted sectors, including high-profile investigations by the European Commission and DOJ in areas such as interbank rates, auto parts and capacitors manufacturing. The practice represents international companies as well as individuals accused of cartel activity in their roles as executives, and offers significant strength within the financial services sector. The team is led by Washington DC-based David Higbee and Djordje Petkoski, who represent clients in cartel proceedings as well as handling cross-border compliance investigations, alongside San Francisco’s Patrick Robbins, a specialist in individual criminal cartel defense litigation with a successful record in securing acquittals for clients.

Practice head(s):

David Higbee; Djordje Petkoski; Patrick Robbins

Testimonials

‘The team is very thoughtful. Their advice includes strategic points of view.’

Key clients

Bank of America

BNP Paribas

Morgan Stanley

Rubycon

SS&C

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden, Arps, Slate, Meagher & Flom LLP represents clients in administrative investigations and litigation relating to allegations of price-fixing, parallel trade and abuse of dominance, with high-level clients including AB InBev. Alongside the firm’s work against the FTC and DOJ, it also regularly advises global clients on cartel cases before European authorities, reflecting the firm’s cross-border expertise. The practice is led by Washington DC-based Steven Sunshine and New York’s Clifford Aronson.

Practice head(s):

Steven Sunshine; Clifford Aaronson