Media Mentions
2012
“ProMedica Pitches Alternative to Divestiture”
The Deal Pipeline, February 7, 2012
David Marx Jr. argued before the Federal Trade Commission that allowing St. Luke’s, an Ohio hospital acquired by ProMedica, to operate as a separate, firewalled ProMedica unit was a better solution than forcing the hospital’s divestiture. “ProMedica is committed to operating St. Luke’s,” Mr. Marx declared. He also challenged the FTC’s Administrative Law Judge's basis for his prior rejection of the acquisition, saying, “This case is not a unilateral effects case” involving market power to raise prices, as the FTC's staff contended.
David Marx Jr., Antitrust & Competition
“Promedica Begs FTC not to Make It Divest Ohio Hospital”
Law360, February 6, 2012
David Marx Jr. said in oral arguments before the FTC that the agency's staff had not met its burden of showing a Clayton Act violation resulting from ProMedica’s acquisition of an Ohio hospital based on concerns over potential anticompetitive pricing. “Patients don’t select hospitals on prices,” Mr. Marx asserted. “They don’t have access to that information.” In addition to Mr. Marx, ProMedica is represented by Stephen Wu, Amy Carletti, Erin Arnold, Jennifer Westbrook, Christine Devlin, Carrie Amezcua, Daniel Powers and James Camden.
Carrie G. Amezcua, Erin Arnold, James Buchanan Camden, Amy J. Carletti, Christine G. Devlin, David Marx Jr., Daniel Powers, Jennifer L. Westbrook, Stephen Wu, Antitrust & Competition, Trial
“Chancellor Leo Strine Tackles Confis”
The Deal, February 3, 2012
Raymond Jacobsen Jr. was mentioned as antitrust counsel to Martin Marietta in its proposed takeover of Vulcan Materials, in which terms of the confidentiality agreements (“confis”) that the companies signed are now the subject of litigation in Delaware Chancery Court.
Raymond A. Jacobsen Jr., Antitrust & Competition
“DOJ, McDermott Call Quits on Hospital Merger FOIA Suit”
Law360, February 3, 2012
Jeffrey Brennan represented McDermott in reaching a joint stipulation of dismissal with the Department of Justice over the Firm’s Freedom of Information Act request in connection with an antitrust investigation of a proposed merger between two Illinois hospital systems.
Jeffrey W. Brennan, Antitrust & Competition, Health - M&A
“FTC Won’t Get Monitor for ProMedica Hospital Operations”
Law360, February 3, 2012
Stephen Wu said he was pleased with a federal judge’s rejection of a Federal Trade Commission request for a monitor to assure that McDermott client ProMedica Health System complies with an FTC Administrative Law Judge's ruling on a proposed hospital merger while the Administrative Law Judge's ruling is being appealed to the FTC. David Marx Jr., Amy Carletti, Jennifer Westbrook and Erin Arnold also are co-counsel for ProMedica.
Erin Arnold, Amy J. Carletti, David Marx Jr., Jennifer L. Westbrook, Stephen Wu, Antitrust & Competition, Trial
“Coventry Rips Sanctions Bid in OSF Hospital Merger Fight”
Law360, January 30, 2012
David Marx, William Schuman and Amy Carletti were noted as representing Rockford Health System in its proposed merger with OSF Healthcare System, a transaction now being contested by the Federal Trade Commission in federal court and in FTC administrative proceedings.
Amy J. Carletti, David Marx Jr., William P. Schuman PC, Antitrust & Competition, Trial
“Back in Action”
Modern Healthcare, January 30, 2012
David Hanselman said it was surprising that a federal appeals court revived class-action litigation in a 12-year old Chicago-area hospital merger. Mr. Hanselman, who was not involved in the case, said that the Seventh Circuit “still held that a plaintiff seeking class certification needs to prove antitrust impact across the class. But it [also] held that the methodology employed by the plaintiffs’ expert was potentially capable of doing so.”
David L. Hanselman Jr., Antitrust & Competition
“Power Circuit: The Revolving Door Continues to Spin”
Washingtonian, January 25, 2012
Warren Rosborough was noted for his return to McDermott (he was an associate from 2004 to 2007) as an Antitrust & Competition partner after four years at the Justice Department.
Warren Rosborough, Antitrust & Competition
“Lobbying World”
The Hill, January 24, 2012
Warren Rosborough was noted as a new partner in McDermott’s Antitrust & Competition Practice Group, rejoining the Firm after working as a trial lawyer in the Justice Department Antitrust Division.
Warren Rosborough, Antitrust & Competition
“D.C. Moves: McDermott Will & Emery”
National Law Journal, January 23, 2012
Warren Rosborough’s return to the Firm as an Antitrust & Competition Practice Group partner after serving with the Department of Justice Antitrust Division was noted.
Warren Rosborough, Antitrust & Competition
“Justice Department Lawyer Returns to McDermott”
Washington Post, January 22, 2012
Warren Rosborough, who practiced in antitrust law with McDermott from 2004 to 2007 before joining the Justice Department’s Antitrust Division, has rejoined the Firm as a partner in the Washington office Antitrust & Competition Group.
Warren Rosborough, Antitrust & Competition
“The Churn: Lateral Moves and Promotions in the AmLaw 200”
The AmLaw Daily, January 20, 2012
Warren Rosborough will emphasize his antitrust experience in the defense and aerospace, media, oilfield services equipment and high-tech industries in rejoining McDermott as an Antitrust & Competition Group partner after serving as a trial lawyer at the Justice Department Antitrust Division.
Warren Rosborough, Antitrust & Competition
“Rosborough Joins McDermott from DoJ”
Global Competition Review, January 19, 2012
Warren Rosborough emphasized the benefits that his four years as a trial lawyer at the Justice Department’s Antitrust Division will bring as he joins McDermott’s Antitrust & Competition Practice Group. “Focusing on merger investigations, I had the opportunity to understand how reviews are conducted from an insider’s perspective,” Mr. Rosborough explained. “It greatly improved my knowledge of the process, and of what kind of arguments we can bring before the DoJ for our clients.”
Warren Rosborough, Antitrust & Competition
“Movers & Shakers”
The Deal Pipeline, January 19, 2012
Warren Rosborough and Mary Samsa were noted as new partners joining McDermott. Mr. Rosborough, formerly a trial lawyer in the Justice Department Antitrust Division, focuses on antitrust and compliance matters in the Washington office. Ms. Samsa is a member of the Health Advisory Practice in the Chicago office, and most recently was a shareholder at other major law firms.
Warren Rosborough, Mary K. Samsa, Antitrust & Competition, Health
“McDermott Brings DOJ Trial Lawyer Back to DC Office”
Law360, January 18, 2012
Warren Rosborough, who most recently was a trial lawyer at the Justice Department’s Antitrust Division, stated upon joining McDermott as a partner: “I've spent four years investigating mergers, so I felt like there was a real chance for me to use that experience to counsel McDermott's clients on their merger activities, as well as a chance to do more litigation.” Mr. Rosborough, who had been at the Firm three years before joining the government, noted that “McDermott has some of the best antitrust lawyers in Washington” and called it “one firm that can handle [client] issues across the globe.”
Warren Rosborough, Antitrust & Competition
“Former DOJ Official Rejoins McDermott in Washington”
Blog of Legal Times, January 18, 2012
Warren Rosborough stated that joining McDermott as a partner in the Firm's Antitrust and Compliance Practice Group “will be a good chance to provide both merger and litigation counsel” to clients in such industries as defense and aerospace, media, oil services equipment and high tech. Mr. Rosborough will focus on civil antitrust, including mergers and government investigations, and most recently was a trial attorney with the Antitrust Division of the Department of Justice. He began his legal career as an associate at McDermott.
Warren Rosborough, Antitrust & Competition
“ALJ Orders ProMedica to Divest St. Luke’s Hospital to Remedy §7 Offense”
Bloomberg BNA Antitrust & Trade Regulation Report, January 13, 2012
Christine Devlin was noted as counsel for respondent ProMedica Health System, Inc. in appealing to the full Federal Trade Commission an FTC administrative law judge’s order that ProMedica divest an Ohio hospital following a consummated merger.
Christine G. Devlin, Antitrust & Competition
“William Simon: 1912-2011”
Global Competition Review, January 12, 2012
Raymond Jacobsen called the late William Simon, co-founder of Howrey Simon Baker & Murchison, “the best antitrust lawyer in history – he set the standard by which all antitrust lawyers will be judged. Mr. Jacobsen had earlier in his career practiced with Simon and described him as “a joy to work with” and “devoted to clients, his partners and his family.”
Raymond A. Jacobsen Jr., Antitrust & Competition
“Remembering a Pair of Pioneers”
National Law Journal, January 9, 2011
Raymond Jacobsen, Jr., reflected on the late Bill Simon, a leader at a major Washington, D.C., firm where Mr. Jacobsen had previously practiced. He said that Mr. Simon was a unique litigator for arguing on behalf of both plaintiffs and defendants before a wide range of courts and forums. “He did it all,” Mr. Jacobsen said. “He was unusual in that he did so many things well, and clients insisted on using him.”
Raymond A. Jacobsen Jr., Antitrust & Competition
“Both Sides Appeal ALJ’s Initial Decision Concluding Hospital Merger Violates Law”
BNA Health Law Resource Center, January 5, 2012
David Marx, Stephen Wu, Erin Arnold and Amy Carletti in Chicago, and Jennifer Westbrook, Carrie Amezcua, Christine Devlin, Daniel Powers, James Camden and Pamela Davis in Washington were listed as McDermott’s team advising ProMedica Health System Inc. in its appeal to the full Federal Trade Commission challenging an administrative law judge’s conclusion that the proposed ProMedica/St. Luke’s merger violates the Clayton Act.
Carrie G. Amezcua, Erin Arnold, James Buchanan Camden, Amy J. Carletti, Christine G. Devlin, David Marx Jr., Daniel Powers, Jennifer L. Westbrook, Stephen Wu, Antitrust & Competition
“China’s 2012 Tax Reforms, CPI, Sustainable Development, Retail Sales, Baby Care and More”
ARC China “China Weekly Bulletin,” January 4, 2012
Frank Schoneveld said that government approvals of 2011 deals by major foreign companies Nestle and Yum Brands to buy Chinese businesses show that “China is now saying that it’s open to multinational companies.” Mr. Schoneveld added that this was in contrast to past signals from China’s antitrust regulators that the closer foreign companies get to acquiring Chinese retailers or consumer companies, the more difficulties they will face.
Frank Schoneveld, Antitrust & Competition
2011
“Judges in Three States Weigh Hostile Bid for Vulcan”
The Deal Pipeline, December 21, 2011
Raymond Jacobsen was noted as antitrust counsel to Martin Marietta Materials Inc. in a disputed takeover bid involving Vulcan Materials. The controversy includes claims filed in three different courts involving corporate, contract and federal securities laws.
Raymond A. Jacobsen Jr., Antitrust & Competition
“Nestle’s Acquisition of Hsu Fu Chi Approved”
Want China Times, December 9, 2011
Frank Schoneveld asserted that “China is now saying that it is open to multinational companies,” in the wake of Chinese antitrust regulatory approval of Nestle’s bid to buy a major Chinese candy maker.
Frank Schoneveld, Antitrust & Competition
“China Approves Nestle’s Candy Maker Purchase”
Reuters, December 7, 2011
Frank Schoneveld, assessing the foreign purchaser impact of China’s regulatory approval for Nestle to buy a 60% stake in a major Chinese candy company, noted that “there had been a concern that if you were doing a transaction that involved a major Chinese brand it would be difficult to get [approval] through. This deal, together with the earlier Yum Brands-Little Sheep transaction, shows that’s not the case.”
Frank Schoneveld, Antitrust & Competition
“Beijing Approves Nestle’s Purchase of Candy Maker”
South China Morning Post, December 7, 2011
Frank Schoneveld noted that Chinese government approval of two major recent acquisitions by foreign companies shows that approval is possible even when the acquisitions involve popular Chinese firms.
Frank Schoneveld, Antitrust & Competition
“China Opens Wider to Takeovers”
Wall Street Journal, December 7, 2011
Frank Schoneveld stated that Chinese government antitrust approval for two purchases of Chinese companies by foreign-owned firms shows that “China is now saying that it’s open to multinational companies.”
Frank Schoneveld, Antitrust & Competition
“China Clears Nestle $1.7bn Bid for Confectionery Maker”
BBC News, December 7, 2011
Frank Schoneveld commented that China’s regulatory approval for the Nestle-Hsu Fu Chi and Yum Brands-Little Sheep transactions shows that it’s not the case that foreign companies will find approval difficult when purchasing all or part of popular Chinese companies.
Frank Schoneveld, Antitrust & Competition
“McDermott Promotes in Brussels”
Global Competition Review, November 30, 2011
Andrea Hamilton was featured as a new partner in the Firm’s Brussels competition practice effective January 1, 2012. "I am very pleased to have been promoted to partner,” she said. “McDermott has a wonderful competition law practice on both sides of the Atlantic, and I am honored to be part of its expansion at the partnership level.”
Andrea L. Hamilton, Antitrust & Competition
“FTC Keeps Up Interest in Healthcare Deals”
Modern Healthcare, November 28, 2011
Jeffrey Brennan, representing one of two Rockford, Illinois hospitals whose merger is being challenged by the Federal Trade Commission, pointed out several distinctions in this transaction when compared to another deal that the FTC rejected in the same city 20 years ago. Among the 2011 differences Mr. Brennan cited are the smaller size of today’s merger participants, the metro area’s decline in population and economic activity, and the fact that the FTC approved a proposed 1997 merger involving one of the two hospitals involved in the current deal.
Jeffrey W. Brennan, Antitrust & Competition
“China Telecom, Unicom Admit Fault in Antitrust Case, Caixin Says”
Bloomberg News, November 21, 2011
Frank Schoneveld was cited for his earlier comments that an antitrust investigation in which two Chinese telecom companies have reportedly admitted fault was the first antitrust probe against state-controlled companies taken by a Chinese government agency.
Frank Schoneveld, Antitrust & Competition
“Bejing’s Antitrust Watchdogs Sharpen Their Teeth”
Reuters, November 16, 2011
Frank Schoneveld warned that foreign companies in China should take recent government anti-monopoly steps “as a real wake-up call because so far the attitude has generally been that they don’t need to worry about the anti-monopoly law just yet.” He predicted that the government’s anti-monopoly enforcement process “will speed up as [regulators] have more resources. They’ll take on more cases and we’ll see more action.”
Frank Schoneveld, Antitrust & Competition
“China Sets Antitrust Milestone with Investigation into Large SOEs”
The Financial Times, November 15, 2011
Frank Schoneveld asserted that the Chinese government’s antitrust investigation of two large telecom state-owned enterprises (SOEs) “clearly demonstrates the Chinese government is getting serious about the anti-monopoly law [AML]. SOEs were never immune from the AML, although many assumed they would be, so this is a big wake-up alarm to those who thought it would be much longer before the AML would be enforced vigorously by China’s antitrust agencies.” Mr. Schoneveld added that “large foreign companies in particular had better make sure their China operations are compliant with the AML.”
Frank Schoneveld, Antitrust & Competition
“China Telecom, Unicom Cooperate with Anti-Monopoly Probe”
Bloomberg News, November 10, 2011
Frank Schoneveld said that the National Development and Reform Commission (NDRC) anti-monopoly probe of two Chinese Internet service providers is a “game-changing” application of China’s anti-monopoly law. “This is the first time the NDRC, or any other competition regulator in China, has publicly taken such action against large, state-controlled companies,” Mr. Schoneveld stated. “It means the NDRC is willing to investigate and sanction big, state-owned enterprises when most commentators were saying they would not do so.”
Frank Schoneveld, Antitrust & Competition
“Yum’s Proposed Little Sheep Takeover Approved”
Wall Street Journal, November 8, 2011
Frank Schoneveld said that, although Chinese regulators approved an American restaurant company’s transaction to take a major Chinese restaurant chain private, future approvals may be harder because “there’s a desire to prevent public perception that foreigners are taking over in China.” Mr. Schoneveld added that a major test of China’s sentiment toward foreign buyouts could come with a December ruling on Nestle SA’s offer for China’s second biggest candy company.
Frank Schoneveld, Antitrust & Competition
“Obama Gives Boost to D.C. Law”
US News & World Report/Best Lawyers, November 1, 2011
Bobby Burchfield called the Obama administration “more aggressive than the prior administration” at changing “the framework that businesses operate in,” which creates more government, regulatory, and public policy work for firms with a strong Washington presence like McDermott. Raymond Jacobsen, Jr. noted that “the Obama administration is bringing more cases, cases with higher penalties, and going after deals that have been closed,” with the Federal Trade Commission being “particularly aggressive” regarding healthcare, pharmaceutical and telecom deals. “It is a good time to be an antitrust lawyer,” Mr. Jacobsen added.
Bobby R. Burchfield, Raymond A. Jacobsen Jr., Antitrust & Competition, Trial
“Antitrust Issues May Rise Beyond Rockies”
TheDeal, October 20, 2011
Jon Dubrow commented on the likelihood that the Kinder Morgan/El Paso merger would be successful despite some small potential problems that could come up in the FTC review process. He points out that analyzing the state of pipeline competition can be complicated because many networks have multiple owners or owners have granted others rights to partial capacity.
Jon B. Dubrow, Antitrust & Competition
“Medicare Relaxes Rules for Coordinated Care”
Reuters, October 20, 2011
Jeffrey Brennan pointed out that healthcare providers wary of antitrust implications for working collaboratively in accountable care organizations can opt to stay below 30 percent of their relevant market share, which regulators define as the antitrust safety zone.
Jeffrey W. Brennan, Antitrust & Competition
“Antitrust Issues May Rise Beyond Rockies”
Deal Pipeline, October 20, 2011
John Dubrow expressed his view that a proposed acquisition creating the largest pipeline operator in North America could require divestitures in Colorado and Wyoming to receive FTC approval. “It looks like [the acquirer] will have some problems there, but [it] should be something they can work through,” Mr. Dubrow said. He added that the multiple owners many pipeline networks have can make competitive analysis difficult.
Jon B. Dubrow, Antitrust & Competition
“Germany’s Competition Bar”
Global Competition Review, October 13, 2011
Martina Maier and Philipp Werner were named as key lawyers in helping to establish “a solid antitrust and state aid practice” for McDermott in Germany during the past year. The practice received a “recommended” rating, reflected in its antitrust advice to the Federal State of Mecklenburg-Vorpommern, merger control guidance to Fraunhofer/X-Fab and Centrum, and defense of FMC against competition law damage claims.
Martina Maier, Philipp Werner, Antitrust & Competition
“DC Comp Must Investigate Ryanair Complaints”
Global Competition Review, October 3, 2011
Victoria Pinotti, referring to Europe’s General Court ruling that the European Commission must revisit complaints Ryanair lodged six years ago over alleged state aid given by the Italian government to its rival said, “Ryanair has won the battle but not the war, because while the court found the commission failed to examine Ryanair complaints under EU procedure, it did not address the merits of the alleged breach of state aid rules.”
Veronica Pinotti, Antitrust & Competition
“The Gateway to Antitrust Damages Actions in the EU”
Global Competition Review, October 2011
McDermott Will & Emery was recognized by Global Competition Review’s annual “Germany Country Survey” for its Antitrust/Competition practice group in Germany. Partners Martina Maier (BRU-ANT) and Philipp Werner (BRU-ANT) were featured in the survey.
Martina Maier, Philipp Werner, Antitrust & Competition
“ProMedica, FTC to Offer Closing Arguments”
The Deal Pipeline, September 29, 2011
David Marx and Stephen Wu represented client ProMedica in a case brought on by the Federal Trade Commission. Closing arguments in the in-house FTC trial were scheduled for the last week in September and will close out the administrative hearing phase of the agency’s attempt to force ProMedica to divest St. Luke’s Hospital, which ProMedica bought in 2010.
David Marx Jr., Stephen Wu, Antitrust & Competition
"McDermott Advises Munich Re and Methorios Capital S.p.A. on Key Matters"
TopLegal Magazine, September 27, 2011
McDermott Italy is cited in relation to our work in assisting Munich Re and Methorios Capital S.p.A. on a corporate, antitrust and tax matter. Partners Filippo Mazza, Mario Martinelli and Veronica Pinotti are mentioned.
Mario Martinelli, Filippo Mazza, Veronica Pinotti, Antitrust & Competition, Corporate, International Tax, Italy, Tax
“Another Dialysis Merger Gets FTC Scrutiny”
Global Competition Review, September 6, 2011
Joel Grosberg, Gregory Heltzer, Carla Hine and Daniel Powers were listed as McDermott’s counsel to DaVita, the second largest kidney dialysis treatment company in the U.S., in its merger with DSI, the fifth largest such company.
Joel R. Grosberg, Gregory E. Heltzer, Carla A. R. Hine, Daniel Powers, Antitrust & Competition
“FTC Makes DaVita Sell Dialysis Clinics in $689M DSI Deal”
Law360, September 2, 2011
Joel Grosberg, Gregory Heltzer, Carla Hine and Daniel Powers advised DaVita Inc. on antitrust issues in its $689 million acquisition of a dialysis clinic operator. The Federal Trade Commission, in a proposed consent order, required the sale of a number of the clinics.
Joel R. Grosberg, Gregory E. Heltzer, Carla A. R. Hine, Daniel Powers, Antitrust & Competition
“Common Problem … But Three-Way Solution May Draw Legal Attention”
Modern Healthcare, August 29, 2011
David Marx, referring to the tension between healthcare reform’s emphasis on provider collaboration and the Obama administration's stricter antitrust enforcement, argued that antitrust regulators often take too narrow a focus if they reject a hospital merger. “Is it better for the community that you let one of [the merger candidates] fail and the assets are gone and you end up with one hospital anyway?” Mr. Marx asked. “That's a decision that's going to have to be made in a lot of communities around the country.”
David Marx Jr., Antitrust & Competition
“Appeals Panel Seconds FTC Defeat on Infant Drug Deal”
The Deal Pipeline, August 22, 2011
Jon Dubrow said that “the main take-away” for antitrust regulators in the Eighth Circuit’s affirmation of a drug company’s purchase of its only competitor for an infant birth defect treatment is that “courts are likely to hold them to proving a relevant market.” Mr. Dubrow added that this is more problematic in healthcare mergers than for other business sectors, because although doctors define a relevant market by deciding which product to use, insurers and patients must pay for it, weakening the connection between demand and price.
Jon B. Dubrow, Antitrust & Competition
“FTC Loses Lundbeck Baby Meds Fight Before 8th Circ.”
Law360, August 19, 2011
David Marx commented that the Eighth Circuit applied “a traditional merger analysis” in upholding a district court decision that rejected the FTC’s use of market definition to challenge a merger on antitrust grounds. “At least with respect to this case, the Eighth Circuit has said that if you’re going to challenge a merger in our circuit, you have to define the relevant market first,” Mr. Marx stated, adding that while new merger guidelines “reduce the importance of relevant market definition, the case law hasn’t.”
David Marx Jr., Antitrust & Competition
“FTC Changes Rules to Streamline Merger Challenges”
The Deal, August 12, 2011
Stephen Wu asserted that new Federal Trade Commission rules intended to clarify procedures for merger challenges and other antitrust litigation likely will not mean major change because “a lot conforms to what parties have done by agreement in past cases.”
Stephen Wu, Antitrust & Competition
“HSR Changes Scrutinise Management Relationships, Synergy Analysis”
International Finance Law Review, August 3, 2011
Jon Dubrow stated that a Hart-Scott-Rodino Act change that requires acquiring companies to disclose in HSR filings the identity and holdings of their “associates” will create difficulty for investment funds. Mr. Dubrow noted that it will be hard for some hedge and private equity funds to compile this information because of their vast number of associates and passive minority investments.
Jon B. Dubrow, Antitrust & Competition
“E-Discovery Drives $576K Costs Levied on Plaintiffs”
Legal Intelligencer, August 2, 2011
David Marx Jr., Amanda Metts and Jennifer Smulin Diver were co-counsel for one of three artificial sweetener manufacturers in a plaintiff suit over alleged price-fixing that was dismissed by a Pennsylvania district court as upheld by the Third Circuit. Defense counsel for all three companies were also awarded e-discovery costs against the plaintiffs by the district court clerk.
Jennifer Smulin Diver, David Marx Jr., Amanda J. Metts, Antitrust & Competition, Trial
“McDermott Will & Emery Promotes Paul Thompson to Co-Lead DC Office: Power Circuit”
Washingtonian, July 22, 2011
Paul Thompson said he will continue his white-collar defense practice as new co-partner-in-charge (with Bobby Burchfield) of the Firm’s Washington office. “Lesson one of McDermott is you’re required to maintain an active practice, even as a managing partner,” he stated. The article also noted that Jeffrey Brennan has joined the office as a partner in the antitrust and competition practice.
Jeffrey W. Brennan, Bobby R. Burchfield, Paul M. Thompson, Antitrust & Competition, Trial, White-Collar & Securities Defense
“Law Firms Beef Up Their Antitrust Practices; Ex-Regulators in Big Demand”
ABA Journal, July 20, 2011
Jeffrey Brennan’s decision to become an antitrust partner with McDermott after serving as an associate director at the FTC was cited as demonstrating a broader enhancement of the Firm’s antitrust capabilities, which has included the addition of four antitrust lawyers in the past year and plans to add up to three more.
Jeffrey W. Brennan, Antitrust & Competition
“Lobbying World”
The Hill, July 19, 2011
Jeffrey Brennan’s addition to McDermott as an antitrust partner in Washington, DC and Paul Thompson’s promotion to co-partner-in-charge of the office, were both highlighted. Mr. Brennan is a former associate director of the FTC’s Bureau of Competition, while Mr. Thompson previously served as counsel to the Senate Judiciary Committee.
Jeffrey W. Brennan, Paul M. Thompson, Antitrust & Competition, White-Collar & Securities Defense
“DC Moves”
National Law Journal, July 18, 2011
Jeffrey Brennan’s move to McDermott as an antitrust partner in the Washington, DC office was noted. Mr. Brennan managed antitrust litigation, investigations and policy initiatives at the Federal Trade Commission from 2001 to 2005.
Jeffrey W. Brennan, Antitrust & Competition
“Let’s Make or Break a Deal”
Washington Post, July 17, 2011
Joseph Winterscheid, head of McDermott’s global antitrust and competition practice, said the group will “look to continue to expand as the work continues to expand, as we expect it will.” The addition of former top government antitrust officials Jeffrey Brennan and Alison Smith was cited as typifying the Firm’s growth in this area.
Joseph F. Winterscheid, Antitrust & Competition
“ThyssenKrupp Fines: Going Down”
Global Competition Review, July 13, 2011
Wilko van Weert commented that Europe’s General Court’s reduction of fines imposed by the European Commission in an elevator/escalator price fixing action does not invalidate the EC’s overall finding. “It is sufficient that an infringement has been established for a damages claim to be possible,” he noted. “The fine only indicates the company’s involvement, and also takes into account factors that are not relevant to the actual infringement, such as repeat offences.”
Wilko van Weert, Antitrust & Competition
“Former FTC Official Moves to Second BigLaw Firm”
Blog of Legal Times and New York Law Journal, July 13, 2011
Jeffrey Brennan, who for five years headed the Federal Trade Commission’s health care services and products division, joined the antitrust and competition practice of McDermott’s Washington, DC office. Mr. Brennan is ranked by Chambers USA as a top Washington antitrust lawyer.
Jeffrey W. Brennan, Antitrust & Competition
“Brennan Joins McDermott”
Global Competition Review, July 13, 2011
Jeffrey Brennan stated upon joining McDermott as an antitrust partner in Washington, DC that he “look[s] forward to working with the firm’s outstanding clients and lawyers in addressing the challenges confronting the health-care industry and other sectors in the current antitrust enforcement climate.” In five years at the FTC, Mr. Brennan directed oversight of the Commission’s entire health care antitrust portfolio, and later oversaw merger and non-merger enforcement in a variety of business sectors.
Jeffrey W. Brennan, Antitrust & Competition
“McDermott Nabs Ex-FTC Health Chief from Dechert”
Law360, July 13, 2011
Jeffrey Brennan said that joining McDermott’s antitrust practice as a partner in the Washington, DC office “is a real exciting move for me. The opportunity to come to this firm and practice in its highly well-regarded antitrust group with the equally highly regarded health care group was just a perfect fit for me.” He has special emphasis advising pharmaceutical companies regarding regulatory settlements over branded versus generic drug output. From 2001 to late 2006 Mr. Brennan worked at the Federal Trade Commission, including as Associate Director of the Bureau of Competition from 2005 on. He has been in private practice since leaving the FTC.
Jeffrey W. Brennan, Antitrust & Competition
“Who’s In, Who’s Out”
The Deal Pipeline, July 13, 2011
Jeffrey Brennan’s joining the Firm as an antitrust partner in Washington was noted. For five years at the FTC Mr. Brennan had been responsible for managing antitrust investigations, litigation and policy initiatives focused on healthcare competition.
Jeffrey W. Brennan, Antitrust & Competition
“McDermott Relocates Brussels Partner Frank Schonveld to MWE China in Shanghai”
Asian Legal Business, June 30, 2011
Frank Schoneveld was noted for his reassignment to MWE China Law Offices to help clients deal with legal challenges under China’s new Anti-Monopoly Law (AML). Mr. Schoneveld has more than 20 years of experience in European Union competition law and regulatory issues.
Frank Schoneveld, Antitrust & Competition
“McDermott Advises Atrius Health on Integration of New Group Affiliate”
Healthcare Finance News, June 23, 2011
Christopher Jedrey, Charles Buck, Ashley Fischer and Carla Hine represented Atrius Health Groups in negotiations and regulatory approvals to add a sixth nonprofit community-based physician group. The transaction will make Atrius Health the largest physician-led health system in Massachusetts. The article noted that Chambers USA ranked McDermott as the only tier one US health law practice in 2011.
Charles Buck, Ashley McKinney Fischer, Carla A. R. Hine, Christopher M. Jedrey, Antitrust & Competition, Health
“DoJ Signals New Focus on Behavioural Remedies”
Global Competition Review, June 20, 2011
Joel Grosberg pointed out that, in the Department of Justice’s new revision of its Policy Guide to Merger Remedies regarding competition concerns, “The biggest change is that the updated guide focuses on how behavioral remedies [to anticompetitive conduct] are often necessary and appropriate.”
Joel R. Grosberg, Antitrust & Competition
“EU Court Cuts Solvay, Edison Bleach Cartel Fines”
Law360, June 16, 2011
Clive Stanbrook represented FMC and FMC Foret before the European Union’s General Court in rulings that involved a number of companies fined by the European Commission in 2006 for alleged anti-competitive actions during the 1990s related to two bleaching agents.
Clive Stanbrook QC, Antitrust & Competition
“Third Circuit Upholds Amgen Dismissal”
Global Competition Review, June 15, 2011
Raymond Jacobsen, Bobby Burchfield, Jon Dubrow and William Diaz were noted as counsel to Amgen, Inc. in securing the Third Circuit Court’s affirmation of a lower court ruling that dismissed a potential class action antitrust lawsuit brought by a hospital on behalf of a potential class of plaintiffs.
Bobby R. Burchfield, William Diaz, Jon B. Dubrow, Raymond A. Jacobsen Jr., Antitrust & Competition, Trial
“3rd Circ. Affirms Dismissal of Amgen Tying Suit”
Law360, June 14, 2011
Bobby Burchfield, Jon Dubrow, David Hanselman, Raymond Jacobsen, William Diaz and Lincoln Mayer are listed as McDermott co-counsel in defense of Amgen in a Third Circuit ruling that held a Pennsylvania hospital lacked standing to represent a class of drug purchasers in allegations of federal antitrust law violation against the company.
Bobby R. Burchfield, William Diaz, Jon B. Dubrow, David L. Hanselman Jr., Raymond A. Jacobsen Jr., Lincoln Mayer, Antitrust & Competition, Trial
“$1.23 Billion Golf Buy”
Legal Bisnow, June 6, 2011
Thomas Conaghan called getting the deal signed for the Fila Korea/Mirae Asset Private Equity purchase of the Titleist and Footjoy golf equipment lines a “three month sprint” during which he was “lucky if I got six hours” of sleep a night given the 13-hour US-Korea time difference. Mr. Conaghan said the deal was more than a business transaction, it was front page news in Korea. The article noted that Joel Grosberg managed the transaction’s US and foreign antitrust approvals, Daphne Trotter led the environmental review of the global manufacturing facilities involved, James Riedy led the international tax structuring team, and more than 40 McDermott timekeepers were involved overall.
Thomas P. Conaghan, Joel R. Grosberg, James A. Riedy PC, Daphne W. Trotter, Antitrust & Competition, Corporate, OSHA, MSHA & Catastrophe Response, Tax
“Ill. Hospital Prevails in 7th Circ. Antitrust Case”
Law360, June 2, 2011
Stephen Wu said he and his Chicago area hospital client were “very pleased” with the Seventh Circuit’s dismissal of an antitrust lawsuit against the hospital. The court upheld a district court ruling that the hospital had a First Amendment right to lobby against the building of another medical facility nearby. “We think the panel was very thorough, analyzed the issues in-depth and came to the right conclusion,” Mr. Wu stated. David Marx, Jr. and Erin Arnold were part of the McDermott team representing the hospital.
Erin Arnold, David Marx Jr., Stephen Wu, Antitrust & Competition
“McDermott Moves Schoneveld to Shanghai”
Global Competition Review, June 1, 2011
Frank Schoneveld discussed his relocation to MWE China Law Offices in Shanghai, explaining that China is “a very exciting market for competition law services” because “both the Chinese regulators and legal advisers are assessing and testing how the relatively new Anti-Monopoly Law (AML) will develop.” Mr. Schoneveld added that his EU experience in similar circumstances, “as well as good relations with the Chinese competition regulators, will certainly enhance the capacity of [MWE China Law Offices] in advising clients.”
Frank Schoneveld, Antitrust & Competition
“ProMedica Defends St. Luke’s Deal as FTC Trial Opens”
Deal Pipeline, May 31, 2011
David Marx, representing ProMedica at an in-house FTC antitrust hearing about its acquisition of a Toledo, Ohio hospital, asserted that “the question in this case is simple: will ProMedica be able to increase the rates it charges to commercial payors to supra-competitive levels?” Mr. Marx demonstrated that such a proposition is “simply not credible,” and that there is more than adequate competition in the market to keep prices in check.
David Marx Jr., Antitrust & Competition
“McDermott Boosts Chinese Competition Law Capability and Global Antitrust Footprint”
Asia Chronicles, May 31, 2011
Frank Schoneveld, antitrust partner in McDermott’s Brussels office, has moved to MWE China Law Offices to enhance the two firms’ joint competition law capabilities. Mr. Schoneveld has more than 20 years of experience in EU competition law and regulatory matters, and will help advise multinational companies facing legal challenges under China’s new Anti-Monopoly Law (AML), which is patterned after the EU model. He previously has worked with MWE China Law Offices on numerous AML matters.
Frank Schoneveld, Antitrust & Competition
“McDermott to Relocate Senior Antitrust Partner to Chinese Alliance Firm”
American Lawyer, May 31, 2011
Joseph Winterscheid, head of the Firm’s Global Antitrust & Competition group, said relocating Brussels office antitrust partner Frank Schoneveld as an external consultant to MWE China Law Offices, “gives us a key competitive advantage” and “a capability that our international competitors lack.” Mr. Winterscheid noted that because “China is a key jurisdiction for us and our clients, and the country’s new anti-monopoly law is at the top of their minds, [t]o have a truly global antitrust capability it’s critical that you cover not only the U.S. and the European Union, but now also China.”
Frank Schoneveld, Joseph F. Winterscheid, Antitrust & Competition
“FTC Demands Changes to Petrol Pipeline Deal”
Global Competition Review, May 27, 2011
Raymond Jacobsen and Joel Grosberg were noted as counsel to Irving Oil Terminals in its purchase of pipeline and terminal assets from ExxonMobil. To secure FTC approval of the deal, Irving Oil will not acquire certain terminals or a pipeline in Southern Maine.
Joel R. Grosberg, Raymond A. Jacobsen Jr., Antitrust & Competition
“FTC Imposes Conditions on Maine Gas Terminal and Pipeline Deal”
Blog of Legal Times, May 27, 2011
Raymond Jacobsen and Joel Grosberg advised Canada’s Irving Oil in its Maine terminal and pipeline acquisition from ExxonMobil. A proposed FTC order as part of the agency’s approval focused on restructuring certain aspects of the transaction.
Joel R. Grosberg, Raymond A. Jacobsen Jr., Antitrust & Competition
“Q&A with McDermott’s Alison Smith”
Law360, May 13, 2011
Alison Smith said that her first step in preparing to defend complex business litigation is “determining the fact questions for the jury and the legal questions the court will resolve.” She noted that in antitrust and other cases, “Direct examination is the critical component in winning a trial, so I spend a lot of time developing the direct examination to ensure that all necessary evidence will come in and any evidentiary objections can be refuted.” Ms. Smith added her view that, “the key to effective cross examination is marshaling the opponent’s pre-trial admissions and identifying the documents that it can’t effectively dodge.”
Alison L. Smith, Antitrust & Competition
“Doubling Down on Market Manipulation Enforcement”
Law360, April 28, 2011
Carrie Amezcua, Jon Dubrow, Blake Winburne and Gregory Heltzer described the growing trend of federal regulatory agencies sharing nonpublic information for law enforcement purposes. They noted the danger that “a party to a CFTC investigation may not be focused on the possible antitrust issues lurking in the documents submitted to that agency,” but those documents “could raise independent antitrust issues if reviewed by an antitrust regulator at the FTC.” The authors warned companies submitting confidential information to those two agencies that such material could be shared for “enforcing different sets of laws and regulations.”
Carrie G. Amezcua, Jon B. Dubrow, Gregory E. Heltzer, Blake H. Winburne, Antitrust & Competition, Energy Advisory
“McDermott to Open Paris Office”
American Lawyer, April 26, 2011
Peter Sacripanti said that the opening of the Firm’s Paris office (its seventh in Europe) has been “a strategic target for over a decade,” made possible by finding “the right partners to fit our platform and culture.” Jacques Buhart, who joins McDermott as head of the new office and who expects the majority “if not all” of his major clients to follow him, said that the office’s 12-lawyer team “has a track record of achieving growth at each of our former firms, and we are nurturing the same ambition at McDermott.”
Jacques Buhart, Peter John Sacripanti, Antitrust & Competition, Corporate, Employee Benefits, Tax
“McDermott Will & Emery Opens in Paris”
Lawyer Monthly (UK), April 26, 2011
Jacques Buhart, head of the new Paris office, said that the new lawyers are “all delighted to join McDermott,” praising the Firm’s “strong capabilities” and “overarching platform for each of us to service French and international clients in their … operations and litigations.” Mr. Buhart added that the new office team consists of “former colleagues who share the same vision … [that] will help us quickly become one of the major players in the Paris market.”
Jacques Buhart, Antitrust & Competition, Corporate, Employee Benefits, Tax
“Who’s In, Who’s Out”
Deal Pipeline, April 25, 2011
Jacques Buhart (corporate and competition law), Thibaud Forbin (mergers and acquisitions), Hervé Bidaud (tax) and Jilali Maazouz (labor and employment) were all noted for their extensive experience and diverse backgrounds before joining McDermott as partners in the new Paris office.
Hervé Bidaud, Jacques Buhart, Thibaud Forbin, Jilali Maazouz, Antitrust & Competition, Corporate, Employee Benefits, Mergers & Acquisitions, Tax
“McDermott Builds Paris Base around Herbies Hire”
The Lawyer (UK), April 25, 2011
Hugh Nineham, head of McDermott’s European practice, called the Firm’s announcement of a new Paris office “an exciting moment for us.” He noted that the office, to be headed by former Herbert Smith partner Jacques Buhart, means, “Now we can say to [clients], ‘Call us in Paris,’ and that will open a number of doors for us.”
Jacques Buhart, Hugh Nineham, Antitrust & Competition, Corporate, Employee Benefits, Tax
“International Paper, Others Can’t Dodge Antitrust Suit”
Law360, April 11, 2011
McDermott was noted as counsel to Weyerhaeuser Co., one of a number of major companies facing a Northern District of Illinois putative class action in which plaintiffs allege the companies colluded to drive up containerboard prices.
“Vertical Deals Move Forward”
CFO.com, March 28, 2011
Joel Grosberg cited the increased number of second information requests made by the Department of Justice and the FTC regarding vertical mergers between companies in the same supply chain. Mr. Grosberg said that although the risk of receiving one is still small, answering such a request is costly and can delay a deal by four to eight months.
Joel R. Grosberg, Antitrust & Competition
“7th Circuit Hears Argument on Class Certification in Hospital Merger Suit”
Westlaw Journal, March 2011
David Hanselman analyzed the pending Messner et al. v. Northshore University HealthSystem appeal, saying a key issue is whether the consumer plaintiffs can prove class-wide antitrust injury. The district court denied plaintiff class certification, and Mr. Hanselman noted that “in the last few years, courts across the country have raised the bar for plaintiffs … This is particularly true in antitrust cases. Courts no longer give plaintiffs the benefit of the doubt.”
David L. Hanselman Jr., Antitrust & Competition
“St. Luke’s says ProMedica Deal Essential to ‘Stop the Bleeding’”
Toledo Blade, February 12, 2011
David Marx told a federal district court hearing into objections over client ProMedica Health System’s acquisition of St. Luke’s Hospital in Toledo that the deal was necessary to maintain the hospital’s financial viability. “St. Luke's is not going to be able to compete successfully for the long term” without being acquired, Mr. Marx explained, adding that the hospital “doesn't have the financial wherewithal on its own to reposition itself as the market demographics change.”
David Marx Jr., Antitrust & Competition, Health - Antitrust
“ProMedica Defends Merger Bid in U.S. District Court”
Toledo Blade, February 11, 2011
David Marx, representing ProMedica Health System in a contested acquisition of a Toledo, Ohio hospital, said that for the FTC to successfully object it must show that post-acquisition health care costs will be higher than competitive rates. Mr. Marx noted that the local market is still competitive, saying, “It's not a point where ProMedica can say, 'Take us, or you won't get treated.”’ He added, however, “The complete truth is Toledo can't afford to support four independent hospitals and systems. It's just not big enough.”
David Marx Jr., Antitrust & Competition, Health - Antitrust
“Class Certification in Merger Lawsuit, Timing of Daubert Hearing Contested”
BNA Health Law Reporter, February 10, 2011
David Hanselman commented on a Seventh Circuit appeal of a case involving class certification for an antitrust lawsuit over a hospital merger. He said the decision will be important because “courts across the country have raised the bar for plaintiffs to obtain class certification, particularly in antitrust cases,” and because of a related “simmering debate … about how closely district courts must look at expert testimony on a motion for class certification.” Mr. Hanselman added, “It will be interesting to see how far the court gets into the merits of class certification and whether it articulates any standards for proving common impact in antitrust class actions.”
David L. Hanselman Jr., Antitrust & Competition, Class Action, Health Care Litigation
“Federal Trade Commission Wants ProMedica, St. Luke’s Deal on Hold”
Toledo Blade, January 14, 2011
David Marx, Jr., who represents a health system that seeks to acquire St. Luke’s hospital in Toledo, Ohio, said of the FTC’s effort to halt the purchase pending assessment of its impact on health care costs that “the government is not legally entitled to the temporary restraining order that they seek.” Adding that a grant of the order would leave no incentive for his client to make an agreed-upon investment in the hospital, Mr. Marx said such an outcome “will not only harm St. Luke’s, but it will harm the community St. Luke’s serves.”
David Marx Jr., Antitrust & Competition, Health - Antitrust, Trial
“6th Circ. Asked to Resurrect Ink Antitrust Claims”
Law360, January 13, 2011
M. Miller Baker and Stefan Meisner were noted as co-authors, with other counsel, of a brief on behalf of a client urging the Sixth Circuit Court to overturn a district court’s dismissal of antitrust counterclaims in a printer cartridge patent infringement suit. McDermott is one of four firms representing the appellant, which makes and distributes laser toner parts and supplies.
M. Miller Baker, Stefan M. Meisner, Antitrust & Competition, Antitrust - IP, Trial
“Plaintiffs Appeal Toss of Paper Price-Fixing Suit”
Law360, January 7, 2011
David Marx, speaking on the efforts of commercial paper direct purchasers to appeal the dismissal of their antitrust lawsuit against McDermott client Stora Enso, said that the company “is disappointed that the plaintiffs have chosen to appeal Judge Underhill’s thorough and well reasoned opinion,” rendered in Connecticut federal district court. He added that McDermott and Stora Enso “are confident that the Second Circuit will affirm [Judge Underhill’s] grant of summary judgment on appeal.”
David Marx Jr., Antitrust & Competition, Trial
2010
“McDermott Eliminates Antitrust Class Action for Paper Company”
AmLaw Litigation Daily, December 22, 2010
David Marx, of the McDermott team that secured federal court summary judgment on direct purchaser antitrust claims against global paper manufacturer Stora Enso, declared on behalf of his client that “we’re gratified by the [court’s] decision.” McDermott lawyers had won a full 2007 acquittal on criminal antitrust charges against the company, and moved for summary judgment because, after six years of litigation, the plaintiffs had managed to produce only circumstantial evidence of a pricing conspiracy. Mr. Marx said both decisions made it clear that it was a mistake from the beginning for the Justice Department to have brought the charges.
David Marx Jr., Antitrust & Competition, Trial
“Stora Enso Gets Paper Antitrust Action Tossed”
Law360, December 15, 2010
David Marx, Jr., as co-counsel for Finnish paper supplier Stora Enso Oyj, said that his client was “very pleased” with the action by the U.S. District Court for the District of Connecticut to throw out a class action price-fixing lawsuit against the company. Given that two cases remain against Stora Enso, Mr. Marx added that the court’s decision “puts this investigation and litigation one step closer to being finally concluded.”
David Marx Jr., Antitrust & Competition, Trial
“DoJ Clears GrafTech/Seadrift with Supply Commitments”
Global Competition Review, December 2, 2010
Joel Grosberg said that the Justice Department’s requirement that a graphite electrode producer modify a supply agreement in order acquire major supplier Seadrift Coke LP “demonstrates that the Obama Administration is committed to scrutinising vertical mergers and requiring behavioural remedies to resolve DoJ concerns related to such vertical transactions.” Mr. Grosberg, along with McDermott lawyers Gregory Heltzer and Craig Seebald, served as counsel to Seadrift in the transaction.
Joel R. Grosberg, Gregory E. Heltzer, Antitrust & Competition
“New Leegin Petition Seeks to Shake Up Antitrust”
Law360, November 16, 2010
Joseph Winterscheid assessed the potential impact of a petition that asks the U.S. Supreme Court to review whether its decision in the important Leegin antitrust case was improperly applied by the Fifth Circuit. If the broadly focused petition is successful, Mr. Winterscheid believes more antitrust cases would be forced to go to trial, because “every case would need to be litigated on specific facts to see whether there is any evidence that there has been some anti-competitive effect, however slight.”
Joseph F. Winterscheid, Antitrust & Competition
“Emerging Guidelines”
Corporate Counsel, November 1, 2010
Joseph Winterscheid said the FTC’s new horizontal merger guidelines mean that the merger approval process will be less formulaic, more fluid and more fact-intensive. Merger parties “are going to want to have a better understanding of the full range of competitive issues that might be raised, as opposed to looking at companies’ relative position in the marketplace,” he noted. Mr. Wintescheid added that, although the new guidelines will not necessarily lead to rejection of more mergers, “The agencies will be less inclined to let mergers go through without conducting more due diligence than they’ve had in the past.”
Joseph F. Winterscheid, Antitrust & Competition
“DOJ Steps Up Enforcement With Two Big Cases”
National Law Journal, November 1, 2010
David Marx, Jr., observed that the U.S. Justice Department’s antitrust lawsuit against Blue Cross Blue Shield in Michigan was facilitated when Blue Cross abandoned an attempted merger after DOJ threatened to block it. Investigation of that deal meant DOJ had ample information about the company and its marketplace and, as Mr. Marx noted, “Anytime you let the government into your house, you never know what they might find.”
David Marx Jr., Antitrust & Competition
“Antitrust Suit Puts Favored Nation Users on Notice”
Law360, October 29, 2010
David Marx, Jr., said that the Justice Department’s antitrust lawsuit against Blue Cross Blue Shield of Michigan for rate agreements known as most favored nation clauses has broader implications. “There’s no question but that the filing of this complaint was intended to send a message – particularly to participants in the health care field who use most favored nation clauses – that they should tread carefully” with regard to anti-competitive impact and the government’s “renewed interest in their potential for misuse,” Mr. Marx stated.
David Marx Jr., Antitrust & Competition
“The High Cost of Fine Print”
Modern Healthcare, October 25, 2010
David Marx, Jr., noted that the U.S. Justice Department’s Michigan lawsuit over rate agreements between a major insurer and hospitals “signals they’re still in the enforcement business as it relates to healthcare insurance.” Speaking of such arrangements, Mr. Marx said, “They’re not per se anti-competitive, but depending on who is using them and how they are used, they have the potential to have anti-competitive effects.”
David Marx Jr., Antitrust & Competition
“News Makers – Appointment”
Texas Lawyer, October 25, 2010
Allison Smith was noted as joining the Firm's Houston office as a partner in the global antitrust and competition practice.
Alison L. Smith, Antitrust & Competition
"McDermott Will Hires from Haynes & Boone"
Global Competition Review, October 14, 2010
Alison Smith was quoted concerning her move to McDermott's Houston office to become a partner in the Firm's competition law practice. Ms. Smith was formerly a partner in several other global law firms and a past deputy assistant attorney general in the Department of Justice Antitrust Division, which she said "has given me a unique perspective on and familiarity with antitrust and government enforcement." She added that "McDermott Will is a strong player in litigation, white-collar criminal defense and antitrust, and I am attracted to its very robust international and national platform. The firm gives me a great opportunity to build on my experience in the energy and health industries." Ms. Smith's move to the firm was also noted in AmLaw Daily's "The Churn" feature (October 13) and the Houston Chronicle (October 16).
Alison L. Smith, Antitrust & Competition
“McDermott Poaches Haynes & Boone Antitrust Partner”
Law360, October 12, 2010
Alison Smith discussed her move to McDermott to become a competition law partner in the Firm’s Houston office (also discussed October 12 in Oil & Gas Financial Journal). “McDermott is a very strong player in my area of practice,” said Ms. Smith, who focuses on antitrust, white collar defense and other complex business litigation issues. “It is a top opportunity to work with both their national and international platform in antitrust, but also to help build the Houston office.” Ms. Smith also has been Deputy Assistant Attorney General in the Antitrust Division, and said that she finds private sector practice to be “very client focused. … [Y]ou have a close relationship with the clients and are obligated to protect their interests.”
Alison L. Smith, Antitrust & Competition, Antitrust Litigation, Energy Advisory, Securities, White-Collar & Securities Defense
“Italy requests bank acquisition review”
Global Competition Review, 12 October 2010
Veronica Pinotti was quoted in an article which looks at Italy’s Competition Authority's request for power to review Crédit Agricole’s €740 million purchase of 172 bank branches from Italy’s Intesa Sanpaolo.
Veronica Pinotti, Antitrust & Competition, EU Competition, EU Competition and Regulatory - Italy, Italy
"Changes Good and Bad Coming to HSR Compliance"
Compliance Week, September 8, 2010
Jon Dubrow addressed the FTC's revised premerger Hart-Scott-Rodino reporting rules. One change will require an acquiring company to report its holdings between 5% and 50% of its associate entities with revenue that overlaps that of the acquired company. "This will be burdensome to those transactions that raise no legitimate competitive issues," he said. Mr. Dubrow advised acquirers to identify their associates as early as possible and determine how to secure the necessary information, but warned that such a process would be easier said than done because of the large volume of research and documents required. Mr. Dubrow added that the new rules could change depending on comments that the FTC receives and "how heated the comments are." To view the full article visit: www.complianceweek.com.
Jon B. Dubrow, Antitrust & Competition, M&A/JVs - Antitrust Aspects, Mergers & Acquisitions
"Expansion of McDermott's global Antitrust and Competition Law practice"
Juve Rechtsmarkt, September 2010
Article deals with the growth of McDermott's Antitrust and Competition Practice in Brussels with Martina Maier and Wilko van Weert both recently joining the firm. Martina Maier will take over responsibility for the European cartel law practice.
Martina Maier, Wilko van Weert, Antitrust & Competition, Brussels
Martina Maier was featured in an August 30 Law360 story about her move to become a partner in McDermott’s Brussels office. On January 1 Ms. Maier will become head of McDermott’s European Union competition practice. Focusing her work on European and German competition law for major multinational clients, Ms. Maier stated that she was “delighted to be joining McDermott and to be working once again in the context of a diversified business practice, advising clients on all aspects of competition law.” Clive Stanbrook called Ms. Maier “an excellent choice to lead our EU competition law practice,” and Joseph Winterscheid said that her move to the Firm “is an important step in our continued expansion of our competition practice in Europe.”
Martina Maier, Clive Stanbrook QC, Joseph F. Winterscheid, Antitrust & Competition, Brussels, Energy - Brussels
“McDermott Scoops Maier From Howrey”
Global Competition Review, 27 August 2010
This article covered the appointment of Martina Maier as a partner in the Brussels office, in which Martina, Clive Stanbrook and Joe Winterscheid are quoted. Martina will succeed Clive Stanbrook as head of the EU competition group as of 1 January 2011.
Martina Maier, Clive Stanbrook QC, Joseph F. Winterscheid, Antitrust & Competition, Brussels, Energy - Brussels
"Expansion of McDermott's global Antitrust and Competition Law practice"
Juve Online, August 27, 2010
Article reports about expansion of McDermott's global Antitrust and Competition Law practice with the appointment of leading competition partner Martina Maier to the Firm's EU Competition practice. Martina joins the Brussels office in September to succeed Clive Stanbrook as head of McDermott's EU Competition practice
Martina Maier, Antitrust & Competition, Brussels
Joseph Winterscheid summarized for both Private Equity Wire and Hedge Week (August 23) what the FTC’s new horizontal merger guidelines will mean from a regulatory standpoint. “The new guidelines’ shift in focus seem to be a response to the agencies’ difficulty in sustaining their burden of proof concerning market definition in past unsuccessful merger challenges,” he said. “By placing greater emphasis on evidence of a transaction’s competitive effects, the agencies allow themselves more flexibility to avoid complicated market definition issues and instead to address the central question posed by a transaction, namely whether it will result in anti-competitive effects.” Because of this, he added, “Parties will need to exercise greater care in how they discuss and document competition and pricing decisions in internal documents.”
Joseph F. Winterscheid, Antitrust & Competition
Joseph Winterscheid was interviewed on August 23 by the National Law Journal regarding the Federal Trade Commission's new guidelines on horizontal mergers between competitors. He said that the guidelines will make such mergers "a more fluid process…. Companies and their counsel will need to be a little more adept at being prepared for more in-depth reviews at the early stages than we've seen in prior years." Mr. Winterscheid expects such government reviews to be more fact-intensive, so the merger parties will "want to have a better understanding of [the] full range of competitive issues that might be raised, as opposed to companies' relative position in the marketplace." But he did not see an increase in rejections of proposed mergers, saying that "the new guidelines reflect … how the agencies have been approaching merger analysis for the last couple of years."
Joseph F. Winterscheid, Antitrust & Competition
Craig Seebald was quoted in a July 30 Law360 story regarding the California Supreme Court’s rejection of the so-called “pass-on” antitrust litigation defense, in which manufacturers claim that retailers are not hurt by alleged price fixing because they can simply pass on the higher prices to consumers. “This court has definitely slammed the door shut to say there's no pass-on defense except in limited circumstances,” Mr. Seebald declared. The Court’s decision in Clayworth v. Pfizer brought California law into line with federal antitrust law on allocation of damages in a suit for price fixing, as federal law also does not recognize a pass-on defense.
Wilko van Weert was quoted regarding his departure from another firm to join the competition law practice of McDermott’s Brussels office as a partner focusing on high-profile competition, regulatory and trade cases in the European Union. Mr. van Weert told thelawyer.com (July 5) that McDermott “has a lot of appeal for me, particularly in the area of IP-related antitrust cases. I’m keen to do more IP-related matters and already have that work on my desk.” He added to Law360 (July 6) that “there are some exciting developments going on in competition law at the moment, and McDermott’s Brussels office is at the cutting edge of these developments in a number of areas.”
Wilko van Weert, Antitrust & Competition, Brussels, EU Competition, EU Regulatory, International Trade, International Trade - Brussels
Joseph Winterscheid and Wilko van Weert are quoted in Global Competition Review (2 July 2010) in an article covering the appointment of Mr. van Weert as a partner in the Firm's Brussels competition practice. "I am delighted to be joining McDermott’s EU competition team," said Mr. van Weert. "There are some exciting developments going on in competition law at the moment, and McDermott’s Brussels office is at the cutting edge of these developments." Mr. Winterscheid said, "Wilko substantially enhances our EU competition law capabilities in areas that are of key importance to the firm's global growth strategy."
Wilko van Weert, Joseph F. Winterscheid, Antitrust & Competition, Brussels, EU Competition
"Legal representative of Ideal Standard"
Juve Online, June 25, 2010
The EU Commission imposed a fine on 11 manufacturers of bathroom facilities and equipment for operating a cartel. Clive Stanbrook is mentioned as a legal representative of Ideal Standard, they seek leniency in order to achieve reduced sentences.
Clive Stanbrook QC, Antitrust & Competition, Brussels
Clive Stanbrook and McDermott Will & Emery were mentioned in stories by Law360 (June 23) and Global Competition Review (June 24) concerning the European Commission’s fine against 17 bathroom fixture manufacturers for allegations of price fixing. Mr. Stanbrook and the Firm were co-counsel to one of the companies, Ideal Standard. Law360 noted that the company received a 30 percent reduction in its fine because of its cooperation.
Clive Stanbrook QC, Antitrust & Competition, Brussels, EU Competition
David Marx discussed for The Wall Street Journal (May 27) the antitrust implications from the efforts by both Hertz and Avis to acquire another leading rental car company, the Dollar Thrifty Automotive Group. “If prices are going to go up as a result of this transaction, no matter how [the companies] brand themselves, the FTC will see this transaction as bad for competition,” Mr. Marx stated. “The labels are way less important than actual prices.”
David Marx Jr., Antitrust & Competition
"Legal representative of Hitachi"
Juve online, May 19, 2010
The EU Commission imposed a fine on the world's biggest memory chip maker for operating a cartel. McDermott Will & Emery is mentioned as legal representative of Hitachi, also fined for being part of the cartel. After the companies acknowledged their involvement, it was possible to reduce the overall fines by 10 percent.
Global Competition Review (May 19) recognized a multi-office McDermott team that represented Hitachi as one of nine companies involved in the European Commission’s first settlement decision in a cartel case, one that involved dynamic random access memory (DRAM) chips. Counsel to Hitachi included Clive Stanbrook, Philip Bentley, Melanie Bruneau and Andrea Hamilton (Brussels); Craig Seebald and Hillary Webber (Washington, DC).
Philip Bentley QC, Andrea L. Hamilton, Clive Stanbrook QC, Hillary A. Webber, Antitrust & Competition, Cartel & Criminal Investigations
Philip Bentley and McDermott are mentioned in an article published by JUVE (19 May 2010) as representing Hitachi regarding German chip manufacturer Infineon's reduction in fine in the European Commission's DRAM cartel case.
Philip Bentley QC, Antitrust & Competition, Brussels
David Marx discussed government antitrust investigations of hospital and physician networks in an April 29 Boston Globe story (which also appeared May 2 in the Portfolio.com “Daily Brief”) about a specific such action in Massachusetts. Mr. Marx said that many investigations are closed without a determination that antitrust laws were violated, but noted that “networks that have been found to violate the law have been required to change the way they operate” – for example, by eliminating anti-competitive clauses in contracts with physicians and insurers. “You’re seeing more aggressive enforcement under this administration,” Mr. Marx added. “It’s a priority for the federal government because health care costs are significant, and there is a sense that competition is good.”
David Marx Jr., Antitrust & Competition, Health - Antitrust
Joel Grosberg commented on April 20 for Law360 concerning the impact that new U.S. antitrust guidelines will have on future mergers between competitors. Mr. Goldberg said that, in codifying the enforcement policy of the Obama Administration, the new guidelines “provide much more detail on competitive effects and deemphasize the importance of market definition.” He cited as good news the fact that the guidelines use a higher index level to measure market concentration, but noted “challenges relating to different theories the [antitrust] agencies can use to challenge transactions, with a focus on how a transaction may hurt different types or sizes of customers.”
Joel R. Grosberg, Antitrust & Competition, M&A/JVs - Antitrust Aspects
Veronica Pinotti, Martino Sforza and the Firm are ranked in a TopLegal survey on antitrust (March 2010). Ms. Pinotti is mentioned throughout for her major cartel advice, in particular the recent pasta cartel investigation. She also discusses expected increase in class actions in Italy.
Veronica Pinotti, Martino Sforza, Antitrust & Competition, Cartel & Criminal Investigations, EU Competition and Regulatory - Italy, Italy
Veronica Pinotti was quoted in Global Competition Review (19 February) in a piece which looks at French bank Crédit Agricole's agreement to cut its stake in Italy’s Intesa Sanpaolo while gaining control over more of Intesa’s bank branches. Ms. Pinotti says the case is “a never-ending story.” She continued, “The authority started the non-compliance proceedings against Intesa Sanpaolo in May 2009 and broadened the scope of the investigation in July 2009 and January 2010. The deadline for closing the case has been postponed twice…. Now, basically, the authority is taking its time to monitor and evaluate the new undertakings made by the parties.”
Veronica Pinotti, Antitrust & Competition, EU Competition and Regulatory - Italy
Joel Grosberg addressed for The National Law Journal (January 18) the supposed expansion of federal antitrust regulation efforts. Of the two major antitrust agencies, Mr. Grosberg noted that the Federal Trade Commission “has been viewed as aggressive for the last couple of years. I don’t think we’ll see much change there.” He added, however, that “the Department of Justice during the Bush Administration was generally viewed as much less aggressive. Now, with Christine Varney heading the Antitrust Division, the expectation is that will change.”
Joel R. Grosberg, Antitrust & Competition
2009
"Legal advisor of FMC Foret SA"
Juve Rechtsmarkt, December 2009
McDermott Will & Emery is mentioned as legal advisor of SMC Foret SA in lawsuits relating to the hydrogen peroxide (bleaching agents) cartel.
"Legal advisor of FMC Foret SA"
Juve online, October 28, 2009
McDermott Will & Emery was mentioned as legal advisor of FMC Foret SA in one of the largest claims resulting from a violation of antitrust law lodged befor a European Court so far. The enforced claims result from the violation of European and national competition law by the members of the European hydrogen peroxide cartel. The plaintiff Cartel Damage Claims (CDC) reached a settlement with Evonik Degussa, one of the six defendant companies.
David Hanselman was quoted in an October 5 Modern Healthcare story about a federal judge’s denial of class action status for a lawsuit by 19,000 Chicago area nurses who alleged that hospitals conspired to depress their wages. The judge held that granting class status based on an “average loss” theory would obscure the wide differences in pay and circumstances among individuals, leading Mr. Hanselman (who represented one of the hospital defendants) to comment: “District judges can no longer rubber-stamp the opinions of plaintiff’s experts at the class certification stage.” Click here to read the full article.
David L. Hanselman Jr., Antitrust & Competition, Class Action, Health Care Litigation, Trial
David Hanselman was quoted by Global Competition Review on October 2 concerning U.S. District Court Judge John Grady’s refusal to grant certification to a lawsuit by Chicago area nurses alleging that several hospitals conspired to suppress their pay. Mr. Hanselman identified the Judge’s rejection of averages to determine class-wide antitrust impact as the key to the decision. “In this case the [plaintiffs’] expert had used an econometric model that had used a single average percentage of wage suppression,” Mr. Hanselman stated. “The judge was highly critical of the use of averages because it does not show whether each class member had suffered an antitrust injury.” Click here to read the full article.
David L. Hanselman Jr., Antitrust & Competition, Class Action, Health Care Litigation, Trial
The National Law Journal quoted David Hanselman (October 1) concerning a Chicago federal court decision that denied class certification to a group of nurses who had alleged that hospitals had conspired to depress their wages. The Illinois plaintiffs sought over $1 billion in lost wage claims, but U.S. District Court Judge John Grady held that they did not demonstrate that common questions of law or fact predominated. Mr. Hanselman, who represented one of the hospitals, called the decision "a significant victory for the defendants because often in class actions the denial of class certification sounds the death knell of the litigation." He also represents defendants in several similar cases being heard in other federal courts, "We are hopeful that Judge Grady's well-reasoned opinion has persuasive impact on those courts."
David L. Hanselman Jr., Antitrust & Competition, Class Action, Health Care Litigation, Trial
David Hanselman was noted by West’s Andrews Litigation Reporter – Antitrust in October 2009 as counsel for one of several Chicago area hospitals in a federal antitrust case where the court denied class certification to a group of nurses that alleged a conspiracy by the hospitals to keep wages low. Mr. Hanselman said the ruling may provide guidance in nurse wage-fixing class actions pending in federal courts in New York, Michigan, Tennessee and Texas, adding that the ruling shows that courts beyond the Third Circuit are looking to the “rigorous analysis” standard of In re Hydrogen Peroxide Antitrust Litigation when making class certification rulings.
David L. Hanselman Jr., Antitrust & Competition, Class Action, Health Care Litigation, Trial
David Hanselman, Jr., spoke to Law360 on September 29 about a federal judge’s denial of class certification to a group of nurses who alleged that four Chicago area hospital systems violated antitrust law by colluding to suppress the nurses’ wages. The judge ruled that the plaintiffs did not have a viable method of showing classwide injury, which Mr. Hanselman, who represented one of the hospital systems, said “constitutes the death knell” for the litigation. “I can’t say that this effectively ends the case because plaintiffs’ lawyers can be creative,” he noted, “but it certainly is a significant blow to the plaintiffs’ case, and we’ll be anxious to see what they do from here.” Click here to read the full article.
David L. Hanselman Jr., Antitrust & Competition, Class Action, Health, Health Care Litigation, Trial
Joel Grosberg was quoted by the Financial Times on August 29 concerning Apple Computer’s online App Store to sell approved programs for its iPhone. Mr. Grosberg, a former Federal Trade Commission lawyer, stated that it would be difficult to make a case in U.S. courts that the App Store gives Apple a monopoly because the company has a small share of the market for Internet-capable phones. “You would have to establish that the iPhone is some sort of essential utility,” he noted, “but the Supreme Court has cut down on that theory.”
Joel R. Grosberg, Antitrust & Competition, Intellectual Property
Raymond Jacobson was interviewed by Law360 on May 26 concerning his antitrust practice and the direction he sees for antitrust law. "What's exciting about antitrust law is that it is a blend of economic principles, industry developments and politics," he explained. "To be successful you need to understand all three disciplines and be able to convince the regulators and the courts that there are many factors, outside your client's control, that will prevent your client's conduct from being anti-competitive." Mr. Jacobson said he believes the next wave in antitrust enforcement will involve "more cases relating to 'reverse payments' in the drug industry; standard setting; bundling and price signaling. Those all remain 'gray areas.'" To view the entire Q&A click here.
Raymond A. Jacobsen Jr., Antitrust & Competition
David Marx, Jr., was quoted April 13 on AmericanLawyer.com concerning antitrust litigation against four major candy manufacturers. Referring to price-fixing allegations against the companies, Mr. Marx declared, "You can't just infer the existence of a price-fixing conspiracy from the fact that independent competitors in concentrated industries independently chose to raise their prices."
David Marx Jr., Antitrust & Competition, Trial
2008
David Marx was quoted in the December 30 issue of Global Competition Review in an article regarding Inverness Medical Innovations' settlement with the Federal Trade Commission (FTC) on charges that the company illegally sought to maintain its monopoly on pregnancy tests by acquiring assets from competitor ACON Laboratories. Inverness must sell the assets, including an intellectual property license for dye technology. "With this decision, the FTC shows it remains committed to enforcing antitrust laws in the health-care sector," said Mr. Marx. "The FTC has ensured that the market has returned to an even more competitive state than it was before Inverness acquired ACON's assets," he added.
David Marx Jr., Antitrust & Competition, Antitrust - IP, Health, Health - Antitrust, Intellectual Property
Jon Dubrow was quoted in the December 15 issue of the Legal Times in an article regarding Whole Foods' attack against the Federal Trade Commission (FTC) in a high-profile antitrust case. Whole Foods claims that it has spent more than $16 million in lawyer and expert fees to defend its merger with Wild Oats and accuses the FTC of bias and due process violations in the case. The company is seeking to challenge the FTC in the courts, the media and on Capitol Hill. "They really want to change the structure of how the FTC operates, and that seems like a long shot," although the case "raises interesting substantive and procedural issues that could impact the merger practice generally," said Mr. Dubrow.
Jon B. Dubrow, Antitrust & Competition
Joel R. Grosberg was quoted on November 13 by Law360 in an article regarding how Obama's administration will affect the Department of Justice's (DOJ) stance on antitrust issues. "The head of the antitrust division makes the policy and either supports or doesn't support the staff and influences how aggressively staff will enforce the antitrust laws," said Mr. Grosberg. Mr. Grosberg added that it may be tougher to get problematic deals through the DOJ, and the antitrust division may take a closer look at transactions. "We may see more second requests in general. The staff may have more support from senior officials to issue second requests, even in transactions where, at the end of the day, it's unclear whether enforcement actions will be required," he said.
Joel R. Grosberg, Antitrust & Competition
Joseph F. Winterscheid was quoted in the September 9 issue of Global Competition Review in an article regarding the U.S. Federal Trade Commission's criticism of a U.S. Department of Justice (DOJ) report on the health and status of single-firm conduct in the United States. The FTC refused to put its name on the DOJ report's conclusions, claiming that the report calls for weakened enforcement of section 2 of the Sherman Act and protects firms with monopoly or near-monopoly power. "The DOJ was trying to establish baselines to make decisions on what the tests should be, so as to prevent over-deterrence and provide some measure of legal certainty to dominant firms and their legal advisors. The FTC's rather ad hominem response, in which some commissioners effectively accused the DOJ of kowtowing to big business, was frankly unfair," said Mr. Winterscheid.
Joseph F. Winterscheid, Antitrust & Competition
Joseph F. Winterscheid was quoted on May 28 in Competition Law360 regarding China’s new anti-monopoly law, questioning how China’s hybrid economy will affect the new antitrust law. "Applying free market competition, capital market type rules, and overlaying that on the Chinese economy gives rise to heightened uncertainty. It’s going to be very important to see how much independence the Chinese competition authority has," he said. The transition period will require companies to ramp up their attention to local issues and to build relationships with local experts. "You have to take into account local nuance. You have to have your eye on the global view, but in execution, in tactics, you need to be sensitive to the local. It's going to be critically important for firms to be guided by local experts that are up to the minute on enforcement developments and local customs," he said.
Joseph F. Winterscheid, Antitrust & Competition
Joel G. Chefitz was quoted in the May 28 issue of Global Competition Review in an article regarding a settlement the National Association of Realtors (NAR) recently reached with the U.S. Department of Justice that increases competition between online and office-based residential real estate brokers by giving internet-based brokers access to multiple listing services they were blocked from accessing. He noted, however, that the settlement will likely bring "only modest benefits" for online brokers. "My understanding is that NAR suspended the challenged restrictive policy in 2005 after the DoJ filed suit, and the settlement appears to make that suspension permanent. Notwithstanding the relaxation in policy since 2005, commissions reportedly have held steady and online brokers still account for less than 10 percent of the market. Consumers apparently prefer flesh-and-blood agents to the virtual variety," he said.
Joel G. Chefitz, Antitrust & Competition, Trial
Joel R. Grosberg was quoted in the March 1 issue of CFO Magazine in an article regarding potential obstacles for global transactions including a Democratic White House, an increasing number of jurisdictions with the right to review a deal's antitrust implications and antitrust rules in China and India. As a partner in McDermott's Antitrust and Competition Practice, Mr. Grosberg stated that if the White House goes to a Democrat, "CFOs should expect that antitrust enforcement will be more aggressive." In India, where there are no minimum thresholds for filing acquisitions and a 210-day review period is standard, Mr. Grosberg noted that even "if your deal raises no issues, you could be held up for seven months."
Joel R. Grosberg, Antitrust & Competition, M&A/JVs - Antitrust Aspects, Mergers & Acquisitions
Newly promoted partner Philip Torbøl was profiled in the January 2 issue of Global Competition Review in an article titled "McDermott Will boosts competition group in Brussels". Mr. Torbøl commented that, "The European competition practice has been booming over the last couple of years and it is an honour to follow in the footsteps of so many great lawyers."
, Antitrust & Competition, Brussels, EU Competition
2007
Veronica Pinotti has an individual ranking in the Recommended section of the November issue of the Global Competition Review survey on Italy’s competition bar which looks at the Italian marketplace. The Firm's Italian competition practice is also mentioned in the Recommended section of this survey.
Veronica Pinotti, Antitrust & Competition, Italy
Veronica Pinotti and Martino Sforza are mentioned in 31 October issue of TopLegal for their assistance in the notification to the Italian Competition Authority of the sale to a private equity buyer of Erickson Air-Crane Incorporated, the exclusive manufacturer and the largest worldwide operator of the S-64 Air-Crane heavy-lift helicopter.
Veronica Pinotti, Martino Sforza, Antitrust & Competition, Italy
William Diaz was quoted in an October 31, 2007 article published by Competition Law360 regarding Google Inc.'s $3 billion takeover of DoubleClick Inc., an internet advertising firm. As a partner in McDermott's Antitrust and Competition Practice Group, Mr. Diaz stated that the Australian Competition and Consumer Commission's decision to approve the merger would be taken into consideration by the European Union and the United States, but that E.U. and U.S. regulators would likely face opposition to the merger. "It's certainly a positive step, but I would say that it's still too early to tell. At the end of the day, it still depends on what's happening in their own domestic boundaries," he said. "If they have competitors complaining or customers complaining, it will still be an issue and Google will have to start all over again," he added.
William Diaz, Antitrust & Competition, Government Strategies
Veronica Pinotti was quoted in the October 24, 2007 issue of Global Competition Review in an article regarding Italy's antitrust authority's investigation into alleged price-fixing in the pasta industry. "The Italian consumer associations are becoming incredibly active on antitrust complaints," commented Ms. Pinotti. She continued, "Customers are complaining about the general increase in the prices of food products and an antitrust complaint is a way to react. In my view there will be other sectors under investigation very soon."
Veronica Pinotti, Antitrust & Competition, Italy
Raymond A. Jacobsen, Jr. completed a Q&A on October 2 published by Competition Law360 regarding his work in antitrust law.
Raymond A. Jacobsen Jr., Antitrust & Competition
Joel Grosberg was quoted in a June 26 article published by Red Herring regarding Google's request to a federal judge for intervention in the Microsoft anti-trust settlement with the U.S. that is set to expire in November. Mr. Grosberg spoke about Google's legal strategy and it's attempt to limit Microsoft's business. "It's quite common for competitors to use the government or make anti-trust complaints to attempt to gain some competitive advantage in the market or make it more difficult to compete. It's not unusual in that (Google) is doing it. It is unusual in making it a public dispute rather than a private one," Mr. Grosberg said.
Joel R. Grosberg, Antitrust & Competition, Antitrust - IP, Intellectual Property
Philip Torbøl was quoted in the March 22 issue of the Danish business newspaper Børsen. He was interviewed in relation to the EU/US Open Skies negotiations, in which he is representing parties in the airline industry.
, Antitrust & Competition, Brussels, EU Competition
Philip Torbøl was quoted in the 5 March edition of the Danish business newspaper Børsen in relation to the EU / US Open Skies negotiations. Mr. Torbøl is mentioned as representing parts of the European airline industry.
, Antitrust & Competition, Brussels, EU Competition
Philip Torbøl was quoted in the 2 March edition of Competition Law360 regarding the agreement of a preliminary deal in the EU / US Open Skies negotiations. He was mentioned as an advisor fo the European aviation industry and spoke about the ultimate goal of having a completely open aviation market.
, Antitrust & Competition, Brussels, EU Competition
Joel Grosberg was quoted in the March issue of CFO Magazine regarding the impact of a Democratic U.S. Congress on M&A deals.
Joel R. Grosberg, Antitrust & Competition
David Marx was quoted in the February 17 issue of Modern Healthcare in regard to the Federal Trade Commission's request for additional information on Psychiatric Solutions' proposed acquisition of Horizon Health Corp. "It's indicative of an issue, but not necessarily indicative of a problem," commented Mr. Marx.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
Philip Torbøl was profiled in an article in the 19 January issue of the Danish business newspaper Børsen in relation to the recent expansion of the Brussels office, resulting in the largest concentration of Danish lawyers in one single Brussels law firm.
, Antitrust & Competition, Brussels, EU Competition
Joseph Winterscheid was quoted in Global Competition Review on January 4, 2007 in an overview of the U.S. Justice Department Antitrust Division 2006 activity. In 2006, the department obtained criminal fines totaling $473 million - up 40 per cent from the previous year. Joe notes that the division's leadership is being more active on non-criminal policy issues, including international convergence, Supreme Court amicus submissions, and examining dominant firm conduct rules.
Joseph F. Winterscheid, Antitrust & Competition
2006
Joseph Winterscheid was quoted in Global Competition Review on December 5 regarding the Bank of New York's $16.5 billion acquisition of Mellon Financial. If approved, this would create the world's largest securities company. "This is one of those instances where big is not necessarily bad for antitrust purposes," says Mr. Winterscheid. "The two firms' banking operations are largely complementary, and their trust and asset management business will continue to face competition from a number of formidable players."
Joseph F. Winterscheid, Antitrust & Competition
Joel Grosberg appeared on Bloomberg News television on August 2 and discussed the FTC's decision in the Rambus matter.
Joel R. Grosberg, Antitrust & Competition
Wolfgang von Frentz was a guest on the Indian television station T1 in connection with his speaking engagement at the televised 2006 World Customs Organisation IT Conference and Exhibition.
Wolfgang Freiherr Raitz von Frentz, Antitrust & Competition, Competition - Germany, Germany, Intellectual Property, IP, Media & Tech - Germany
Frank Schoneveld was quoted in the April 21 issue of Competition Law360 regarding new EU State aid rules for R&D.
Frank Schoneveld, Antitrust & Competition, Brussels
Clive Stanbrook was quoted in the April 7 issue of The Wall Street Journal regarding the decision by the EU to broaden the offensive against "golden shares." Clive commented that the use of so-called poison pills, shareholder-rights plans that were first deployed in the United States during the 1980s to make hostile takeovers prohibitively expensive, have been limited by judges.
Clive Stanbrook QC, Antitrust & Competition, Brussels, EU Competition, EU Regulatory
Clive Stanbrook QC was quoted in the 17 March issue of Competition Law360. The Brussels office partners were interviewed for a special series on law firms in Brussels, beginning with a feature on McDermott Will & Emery/Stanbrook LLP.
Clive Stanbrook QC, Antitrust & Competition, Brussels, EU Competition, EU Regulatory
Joseph Winterscheid was quoted by Global Competition Review on March 17 in regard to the U.S. Supreme Court's decision that limits the scope for bringing antitrust suits against patent holders. "It's evident that this time court was guided by the U.S. antitrust agencies' current enforcement policies and legislative developments in the area of patent misuse," he commented.
Joseph F. Winterscheid, Antitrust & Competition
Joseph Winterscheid was quoted by Global Competition Review on March 17 regarding the U.S. Supreme Court decision that allows companies running joint ventures to set prices without infringing antitrust laws. "Had the court of appeals' decision been allowed to stand, it would have paralyzed joint venture activity in the United States," commented Mr. Winterscheid.
Joseph F. Winterscheid, Antitrust & Competition
McDermott was mentioned in the February 7 issue of the Daily Deal as antitrust counsel to Blackboard Inc. in its acquisition of WebCT Inc.
2005
Joel Grosberg was quoted in the November 29 issue of Compliance Week regarding "gun jumping" prohibitions in antitrust laws. Mr. Grosberg noted that FTC general counsel, William Blumenthal, provided helpful examples of permissible conduct in a speech to the Association of Corporate Counsel on "gun-jumping." "The message is that it's okay to promote the deal and talk about the deal, as long as you have proper guidelines."
Joel R. Grosberg, Antitrust & Competition
Philip Bentley was interviewed for the weekly BBC television program Record Europe regarding his views on the development of a number of cases at the European Court of Justice in Luxembourg, the role of the court and the general awareness of companies of their right to bring cases before the court.
Philip Bentley QC, Antitrust & Competition
Ray Jacobsen was quoted in the August 4 issue of the New York Law Journal regarding the U.S. Supreme Court's decision to hear, Texaco v. Dagher, which could determine whether joint ventures that agree to fix prices are subject to the per se rule disapproving of the practice. "If it's not reversed, it could have a chilling effect on joint ventures in every industry in the country," commented Mr. Jacobsen, who wrote an amicus brief on behalf of the U.S. Chamber of Commerce and the National Association of Manufacturers asking the Court to overturn the ruling.
Raymond A. Jacobsen Jr., Antitrust & Competition
Clive Stanbrook commented on Bloomberg.com on June 3 regarding an investigation by the European Commission.
Clive Stanbrook QC, Antitrust & Competition, Brussels, EU Regulatory
McDermott Will & Emery was mentioned in the February 16 issue of Handelsblatt in regard to the expansion in Brussels with Clive Stanbrook QC and a team of lawyers joining McDermott.
Clive Stanbrook QC, Antitrust & Competition, Brussels, EU Competition
McDermott Will & Emery was mentioned in the February 15 issue of The Times (London) regarding our expansion in Brussels. "The firm, run by Clive Stanbrook has had a strong reputation and was a satisfying example of British excellence abroad."
Clive Stanbrook QC, Antitrust & Competition, Brussels, EU Competition
2004
Joel Grosberg was quoted in the November 9 issue of USA Today in regard to Microsoft's proposal to pay rival software maker Novell a $536 million settlement, and its announced truce with the Computer & Communications Industry Association, a trade group that has bedeviled it on several legal fronts. Regardless of this latest proposed settlement, Novell said it intends to slap an antitrust lawsuit on Microsoft soon for using unfair practices to overtake its WordPerfect software suite, which Novell owned from 1994 to 1996.
Joel R. Grosberg, Antitrust & Competition
Joseph Winterscheid was quoted in the November 1 issue of Global Competition Review in regard to the impact the presidential election will have on antitrust regulation. "Election outcomes continue to be relevant, but much less so than in decades past. A change in administration is unlikely to bring about any sea change — any changes will indeed be at the margins. The 'swinging pendulum' analogy was apt 20 years ago, but now it's more akin to changing watch batteries — you may notice some difference in performance of the second-hand, but it won't be profound," commented Mr. Winterscheid.
Joseph F. Winterscheid, Antitrust & Competition, Government Strategies
Joel Grosberg was quoted in the Los Angeles Times on March 25 in response to the European Commission's precedent setting ruling regarding Microsoft. In its decision the commission directed Microsoft to offer computer makers a version of Windows without its media player but it didn't say the stripped-down Windows had to be cheaper. Mr. Grosberg agreed commenting, "If they don't have to offer a difference in price, you might as well take the Windows that has the media player in it. I don't see much impact on Microsoft's business."
Joel R. Grosberg, Antitrust & Competition, EU Competition
The opening of the Brussels office was reported by the Daily Deal on February 5. The Deal reported that the "expansion is designed to support the firm's established European Competition and regulatory practice, and is expected to enhance the services it provides to multinational clients." On February 6, Global Competition Review also reported the opening of our Brussels office.
Antitrust & Competition, EU Competition
2003
Jon Dubrow was quoted in the May 26 issue of Mergers & Acquisitions Report regarding regulatory agencies taking a harder look at the anticompetitive effects of purchasing parts of companies.
Jon B. Dubrow, Antitrust & Competition, M&A/JVs - Antitrust Aspects
Jon Dubrow was quoted in the April 2003 issue of Corporate Legal Times in the article "Justice Department Raises Stakes in Gun-Jumping Game," about premerger collaboration between competing companies.
Jon B. Dubrow, Antitrust & Competition, M&A/JVs - Antitrust Aspects
McDermott Will & Emery was mentioned in the March 20 issue of The Recorder in regard to Baker v. Jewel Food Stores, in which plaintiffs alleged Jewel and Dominick's conspired to fix milk prices. McDermott Will & Emery was mentioned as counsel on behalf of Jewel Food Stores.
David Marx was quoted in the February 17 issue of Modern Healthcare in regard to the Federal Trade Commission identifying health care antitrust as a priority. "To the extent that there is speechifying that isn't promptly followed with enforcement actions, whatever deterrent effects that might be created are lost, particularly, if at the end the day, the only remedy is go forth and sin no more," commented Mr. Marx.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
McDermott Will & Emery was mentioned in the February 10 issue of the Global Competition Review in regard to advising Centerpulse on the sale of its heart valve entity, Carbomedics, to Snia S.p.A.
Antitrust & Competition, Life Sciences & Medical Products, Mergers & Acquisitions
David Marx was quoted in the February 10 issue of Modern Healthcare in an article addressing federal antitrust regulators increasing paying attention to the recent wave of physician job actions aimed at pressuring state legislatures to reform tort laws. Mr. Marx commented that "….when doctors make statements publicly so competitors hear, it becomes a form of signaling….the real issue is where do you cross the line from protected speech to concerted illegal actions."
David Marx Jr., Antitrust & Competition, Health - Antitrust
David Marx was quoted in the January 2 issue of the Miami Daily Business Review regarding prosecuting executives under the rising antitrust laws. Mr. Marx commented on Gary Spratling, the Department of Justice's antitrust division's deputy assistant attorney general, "…[He] pushed for bigger cases and international cooperation and converted the DOJ's corporate amnesty provision into the 'business development program' of the antitrust division." Mr. Marx's quote also appeared in the January issue of Corporate Counsel.
David Marx Jr., Antitrust & Competition
2002
David Marx was quoted in the November 18 issue of The National Law Journal in an article addressing the increased prosecution of executives in regard to antitrust violations. Mr. Marx commented on Gary Spratling, the antitrust division's deputy assistant attorney general in the 1990s who, "pushed for bigger cases and international cooperation and converted the Department of Justice's corporate amnesty provision into the 'business development program' of the antitrust division."
David Marx Jr., Antitrust & Competition
Joel Grosberg was quoted in the November 12 issue of The Boston Globe in regard to the continued antitrust litigation against Microsoft. The article addressed whether or not states are going to continue with their suits keeping in mind that the court costs are only increasing. Mr. Grosberg commented that he thought Microsoft "will agree to pay the states' fees, to avoid goading the states into filing an appeal."
Joel R. Grosberg, Antitrust & Competition
David Marx and James Sneed were quoted in the May 20 issue of Managed Care Outlook in regard to a few recent settlements between physician groups and the Federal Trade Commission regarding price fixing and other anti-competitive behavior. Mr. Marx commented that, "Most of the cases arise from non-risk contracts, where the physician network is supposed to be using a modified messenger model for negotiations, but in actual practice appears to be engaging in collusive price fixing activities." Mr. Sneed commented that the antitrust settlements are not likely to last and that the FTC’s recent actions will deter other doctors.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
David Marx was quoted in an article addressing the U.S. Justice Department's Antitrust Division's recent decision to disband its 17-lawyer healthcare task force, published in the February 11 issue of Modern Healthcare. David commented that the state attorney generals' offices, who will now handling the responsibility of the task force, are sometimes "in deep hibernation, but some are not." He also mentioned that the antitrust lawyers in the state office are increasingly educated, trained and experienced.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
David Marx was quoted in the January 14 issue of Modern Healthcare in regard to the recent reorganization at the U.S. Justice Department, which eliminated the antitrust division’s 17-attorney health care task force. Mr. Marx pointed out that the FTC nor the Justice Department has prevailed in a hospital merger court case in 10 years, "Hospitals won that war."
David Marx Jr., Antitrust & Competition, Health - Antitrust
2001
McDermott Will & Emery was mentioned in the December issue of Legal Business in a piece on litigation and antitrust departments being launched by U.S. firms in London. McDermott was mentioned for having a notable dispute resolution practice.
Antitrust & Competition, Litigation - London, London, Trial
David Marx was quoted in the November 19 issue of Modern Healthcare in regard to a federal consent decree forbidding contract negotiations between independent doctors and insurers for the Federation of Physicians and Dentists in Tallahassee, Florida.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
David Marx was quoted in the October 29 issue of Modern Healthcare in response to the U.S. Justice Department’s decision to bar a Florida-based labor organization from acting as a collective-bargaining agent for competing doctors. Mr. Marx considers the decision a defeat for physicians, "who might consider unions to be a potential safe haven for otherwise collective negotiations with payers."
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
David Gould was quoted in the October 15 issue of the Los Angeles Business Journal in regard to California’s private bankruptcy trustees who liquidate the assets of bankrupt companies and occasionally oversee their operations. Mr. Gould, who serves as counsel for the trustees, compared the once exclusive trustee "club" in which the bankruptcy judge would appoint his own trustees to the present trustees who are appointed by the Justice Department.
