Andrea L. Hamilton

Overview

Andrea Hamilton draws on deep experience from both sides of the Atlantic, advising clients on some of their most strategic competition matters. She has been recognized for her subject matter experience and her ability to work closely and efficiently with clients to develop winning strategies. Andrea focuses her practice on EU and international merger control investigations as well as non-merger conduct investigations and antitrust litigation. She regularly represents clients before the European Commission and national competition authorities and coordinates global investigations.

Andrea’s broad industry experience includes the aerospace and defense, life sciences, financial services, consumer products, e-commerce, computer hardware and software, media and entertainment, chemicals and commodities industries. She regularly counsels clients on strategic issues, including mergers and acquisitions, joint ventures and strategic alliances, pricing, distribution and has created cutting-edge antitrust compliance programs. In addition, Andrea has considerable experience relating to export control matters.

Andrea was formerly based in McDermott’s Washington, DC office until 2008, where she focused her practice on mergers and acquisitions, representing clients before the US Federal Trade Commission and US Department of Justice. She has extensive experience in antitrust litigation, including complex class action matters, both at the trial and appellate levels.

In 2015, Global Competition Review recognized Andrea as one of the 40 leading private practitioners in the world under the age of 40, and she has been recommended by The Legal 500 – EMEA (competition law) as a “key name” and by GCR as “strong in mergers”. She has been named as a future leader in competition law by Who’s Who Legal, which identified Andrea as “strong analytically with sound judgement and an excellent grasp of the details.”

Andrea speaks and writes regularly on antitrust issues. She co-wrote and co-edited ‘Gun Jumping in Merger Control: A Jurisdictional Guide,” (Concurrences, 2019). She previously co-authored the EU chapter of ‘Pharmaceutical Antitrust’ (GCR, 2015-2017) and contributed to the ABA’s Best Practices in the Acquisition of a Government Contractor. In 2014, Andrea was awarded the International Association of Young Lawyer’s (AIJA) Past Presidents’ Award for a report she co-authored on collective damages in England. She also speaks frequently on antitrust matters, having spoken recently at the American Bar Association’s Antitrust Spring Meeting (2019), International Bar Association’s annual conference (Rome, 2018) and competition conference (Florence, 2017) and the EU Council Presidency’s European Competition Day (Sofia, 2018). For several years, she has lectured at the College of Europe (Bruges) Summer Schools, including its Advanced Competition Summer School and its Summer School for antitrust officials form China, Japan, India, Korea and ASEAN jurisdictions. Previously, Andrea served as the editor in chief of the Virginia Journal of International Law.

Andrea is a member of the ABA Antitrust Section and the IBA Antitrust Committee She is also a member of McDermott’s Pro Bono committee and antitrust mergers focus group. She serves as the editor in chief of its flagship International News publication, as well as its Antitrust Alert blog.

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Results

Transactions

Advised Bemis in its $6.8 billion merger with Amcor
Advised Praxair in connection with global divestitures resulting from its $90 billion merger with Linde
Advised Evonik in the US$ 3.8 billion acquisition of the performance materials division of Air Products
Advised Lockheed Martin in the US$ 5 billion sale of its government IT business to Leidos
Advised Lockheed Martin in its US$9 billion acquisition of Sikorsky
Advised Praxair on the acquisition of the carbon dioxide business of Yara for € 300 million
Advised Olam International Limited in its US$ 1.3 billion acquisition of ADM’s global cocoa business Advised Motorola Solutions, Inc. in the US$ 3.45 billion sale of its enterprise business to Zebra Technologies, Inc.
Advised Mars, Inc. in its US$ 2.9 billion acquisition of the pet food business of Procter & Gamble Advised Fila Korea, Ltd. and Mirae Asset in connection with its US$ 1.2 billion acquisition of Acushnet Company
Advised Orica, Ltd. on its US$1.7 billion acquisition of Dyno Nobel’s explosives business Advised Lockheed Martin in the formation of the United Launch Alliance joint venture
Advised L-1 in the US$ 1.6 billion sale of its intelligence business to BAE Systems Numerous portfolio acquisitions and divestitures for private equity firms
Advised a third-party intervener in the divestment proceedings following Universal’s acquisition of EMI

EU Cartels and Litigation

Advised a financial services company in the context of an antitrust investigation conducted by the European Commission
Advised a shareholder in a 50:50 joint venture in the context of a cartel investigation conducted by the European Commission
Represented companies in the first settlement case under the European Commission’s Cartel Settlement Procedure, as well as the first hybrid settlement case under this procedure
Advised in the appeal of a cartel decision before the EU General Court on behalf of a client in the chemicals industry
Assisted in obtaining a reference to the Court of Justice of the European Union in an antitrust damage claim action brought by Cartel Damage Claims
Assisted in advising a US-based technology company in a competition claim in the UK High Court for abuse of dominance in the creation and licensing of certain patents underlying the MP3 standards

US Litigation and Class Action Defense

Represented the US Chamber of Commerce as amicus curiae brief before the US Supreme Court in Texaco, Inc. v. Dagher, which clarified the application of antitrust law to joint ventures
Byers v. Intuit, et al. – assisted in the successfully obtaining dismissal of a class action matter, upheld on appeal to the US Court of Appeals for the Third Circuit
Assisted in the successful defense of multiple antitrust class actions in federal courts across the US alleging that hospitals engaged in wage-fixing conspiracies
In re Chocolate Confectionery Litigation (indirect purchaser action) – assisted in the defense of Mars, Inc.
Ortho Biotech v. Amgen, assisted in successfully defeating preliminary injunction seeking to enjoin a bundled discount arrangement

Recognitions

The M&A Advisor, “M&A Deal of the Year” International M&A Award Winner, 2019
Legal 500 (EMEA, competition), 2015-2019
Who’s Who Legal, Competition: Future Leaders, 2017-2019
Global Competition Review, 40 under 40, 2015

Community

American Bar Association, Antitrust Section
International Bar Association, Antitrust Committee

Credentials

Education
King’s College London, MA, EC Competition Law, 2010
King’s College London, Postgraduate Diploma in EC Competition Law, 2008
University of Virginia School of Law, JD, 2003
Whitman College, BA, cum laude, with honors in major study, 1998

Admissions
Brussels (Flemish section, B-List)
England and Wales
District of Columbia
New York