Experience

• Antitrust Litigation

  • Albertsons in the FTC’s, Colorado Attorney General’s, and Washington Attorney General’s challenges to its merger with Kroger.
  • Albertsons, in litigation challenging its payment of a $4 billion dividend to stockholders, and asserting claims in connection with its merger with Kroger.
  • Toyota as lead counsel in its price fixing case against the four largest U.S. rail carriers in In re Rail Freight Fuel Surcharge Antitrust Litigation (No. II).
  • Peabody Energy Corp., a leading coal producer, in the FTC’s challenge to its joint venture with Arch Resources, Inc.
  • An individual defendant in In re Generic Pharmaceuticals Pricing Antitrust Litigation.
  • Nonparty Reddit Inc. in Federal Trade Commission v. Meta Platforms, Inc.
  • Nonparty former Sabre Corporation executives in litigation brought by the DOJ to block Sabre’s planned $360 million acquisition of Farelogix, Inc.
  • An electronics manufacturer in In re Optical Disk Drive Products Antitrust Litigation, obtaining a summary judgment victory that extinguished multibillion-dollar treble damages claims.
  • A pharmaceutical manufacturer against claims of market monopolization through their use of exclusive agreements with API suppliers of an injectable drug.
  • A generic pharmaceutical manufacturer in In re Generic Pharmaceuticals Pricing Antitrust Litigation.
  • Sysco in the FTC’s challenge to its $8 billion merger with food distribution rival US Foods.

• Merger Clearance

  • Pactiv Evergreen in the sale of its Pine Bluff, Arkansas, paper mill and Waynesville, North Carolina, extrusion facility, to Suzano.
  • Cerberus Capital Management in its $640 million sale of Cyanco to Orica.
  • Konica Minolta, a Japanese multinational equipment and materials manufacturer operating in the healthcare and industrial industries, in the sale of its subsidiary Invicro to Calyx, a portfolio company of CapVest and leading technology-enabled provider.
  • Albertsons in the antitrust aspects of its sale to Kroger at a total enterprise value of approximately $24.6 billion.
  • Tractor Supply Company, the largest U.S. rural lifestyle retailer, in advocacy to the FTC related to its acquisition of Orscheln Farm & Home.
  • ACME Markets, a division of Albertsons, in advocacy to the FTC related to its acquisition of 27 Kings Food Markets and Balducci’s Food Lover’s Market stores from KB U.S. Holdings.
  • The Great American Outdoors Group, the parent company of Bass Pro Shops and Cabela’s, in advocacy to the FTC related to its proposed acquisition of Sportsman’s Warehouse.
  • Artera, a Clayton, Dubilier & Rice portfolio company and one of the nation’s largest providers of integrated infrastructure services to natural gas and electric industries, in its acquisition of Feeney Utility Services Group.
  • Domtar in the $920 million sale of its personal care business to American Industrial Partners.
  • Verizon in its $6.25 billion acquisition of Tracfone, the largest reseller of wireless services in the U.S.
  • Gogo, the leading inflight Internet company, in the successful sale of its commercial aviation business to Intelsat, which was in Chapter 11 at the time of the transaction.
  • Clayton, Dubilier & Rice in its $2.9 billion acquisition of White Cap, a leading distributor of specialty concrete and construction products, and its combination of White Cap with CSG, a leading U.S. distributor of specialty concrete and masonry accessories, for a total transaction value of approximately $4 billion.
  • PowerTeam Services, a Clayton, Dubilier & Rice portfolio company, in its purchase of Miller Pipeline and Minnesota Limited for $850 million in cash.
  • Prudential Financial in its $2.35 billion acquisition of Assurance IQ.
  • Perform in its combination with STATS, creating the world’s leading sports AI and data company.

• Other

  • A private high school in the DOJ’s investigation of D.C.-area private high schools’ decisions to stop offering Advanced Placement courses, which the DOJ closed without bringing an enforcement action or obtaining an admission of wrongdoing.
  • A company in the DOJ’s criminal price fixing investigation into industrial metal coatings, which the DOJ closed without filing charges.
  • Various clients in confidential FTC and DOJ Antitrust investigations.
  • Various clients, acting as antitrust counsel on industry-specific issues including compliance with interlocking directorate regulations, price discrimination laws, noncompete rules, competitor collaborations, and other contractual arrangements, as well as corporate antitrust compliance investigations and programs.