John Briggs
Partner
Email Page
Profile
Experience
Honors
News
Insights
{ Bio Portrait }

John Briggs is one of the most accomplished competition lawyers of his generation. For more than thirty-five years, he has been counsel of choice for the many companies mentioned below to protect their balance sheets and strategic interests from governmental and private threats. 

In mergers, John has considerable regulatory and trial experience having represented one or both merging parties in fully litigated successful merger cases against both the FTC and the DOJ and having been engaged as Special Trial Counsel by the Comptroller of the Currency to intervene and defend at trial a bank merger approved by the Comptroller and [unsuccessfully] challenged by the DOJ).

John has served as a testifying expert witness on US antitrust law at the behest of companies and law firms in proceedings around the world, including Australia, Canada, Switzerland, the United Kingdom and the United States.

He established from scratch a 60-lawyer office in Brussels for his former firm, whose antitrust practice he headed, and as a result practiced in Brussels for much of his time during the years 2001-2006; has been a frequent commentator on matters of antitrust law and policy on NPR, CNBC, CNN and for the Wall Street Journal, Reuters, and other media outlets; and handled, as lead counsel, antitrust and other complex business disputes in the federal or state courts of more than twenty states and has been lead counsel on appellate matters in the Supreme Court and in the Second Third, Fourth, Fifth, Sixth, Ninth, Eleventh, and Federal Circuits, as well as many State appellate courts. 

More » « Less

Education

  • JD – Georgetown University (1972)
  • AB – Harvard College (1965)

Admissions

  • District of Columbia
  • District of Columbia Court of Appeals
  • US Supreme Court
  • US Court of Appeals for the District of Columbia Circuit
  • US Court of Appeals for the Federal Circuit
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Fourth Circuit
  • US Court of Appeals for the Fifth Circuit
  • US Court of Appeals for the Sixth Circuit
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the Eleventh Circuit
  • US District Court for the District of Columbia
  • US District Court for the Eastern District of Wisconsin

Professional Activities

  • American Bar Association, Antitrust Law Section: Chairman (1995-1996); Program Officer (1993-1994); Secretary (1991-1992); Chairman of Editorial Board of Antitrust Law Developments (1984-1989)
  • Member of the Advisory Board of the Bureau of National Affairs’ Antitrust and Trade Regulation Report (1994-present)
  • Member of the Advisory Board of Law360 since late 2010
  • Legal Aid Society of the District of Columbia: Board of Trustees (1996-2010)

Experience

  • Successfully opposed the combination of GE and Honeywell before the European Commission on behalf of a major US company.
  • Shepherded through the FTC/DOJ and foreign review process dozens of substantial transitions on behalf of the several companies identified below, including the successful management of a great many “second requests.”
  • Represented Hexcelin its successful defense of a large contract claim by Hercules in the New York Supreme Court and in its ongoing pursuit of a price fixing claim against BP in California federal court.
  • Represented The Affinia Group and Wix Filtrationin an ongoing multidistrict price fixing class action pending in Chicago.
  • Represented Tomkins plcin the successful defense of a price discrimination case in federal court in New York (2011) and in an ongoing proceeding involving the joint and several liability of a shareholder for the infringements of Article 81/101 by a former subsidiary.
  • Represented Independence Blue Cross in connection with: the sale of its PBM subsidiary in 2010; the federal approvals of its proposed consolidation with Highmark, Inc. in 2008; its successful defense of a claim for monopolization and monopolization brought by a local hospital (2003); and various ongoing matters.
  • Represented Merck in connection with the defense of antitrust claims made against it by plaintiffs claiming to have been injured by the company’s assertion of legitimate patent rights and in related counseling matters (2002-10).

Honors

“Chambers USA: America’s Leading Lawyers for Business” recognized John Briggs as a leading attorney in Antitrust 

“The Best of the Best” and a Washington, DC “Super Lawyer” (2004-2014) 

“Best Lawyers in America” each year since 2005 

An article by John Briggs and co-author, Donald I. Baker was nominated and short-listed for the Academic Articles category, General Antitrust section. “Rethinking US Antitrust Policy and Administration: Joining the Rest of the World in the 21st Century” will be published in "William E. Kovacic - An Antitrust Tribute, Vol. II" by the Institute of Competition Law, forthcoming 2014. 

Featured by Global Competition Review as one of a small number of antitrust lawyers enjoying “A Decade at the Top” (August 2007) 

Repeat recipient of BTI Client Services “All Star” Award based on repeat nominations by Fortune 1000 Chief Legal Officers for “client focus, delivery of results, and exceptional understanding of clients’ business (2005-2007)

Articles & Newsletters

  • Dollar Tree May Beat Hostile Bid on Antitrust Review, Law360, September 10, 2014
  • Competition Cases To Watch As 2014 Rolls On, Law360, August 12, 2014
  • Eurotunnel and the Short Sea Battle Between the French and the English:  A U.S. Perspective, Revue Concurrences N° 1-2014, Art. N° 62589 (Feb. 2014) (with Daniel K. Oakes).

  • Rethinking U.S. Antitrust Policy and Administration: Joining the Rest of the World in the 21st Century, Liber Americorum (publication forthcoming, with Donald I. Baker)
  • In reversal, DOJ now targeting monopolization – Antitrust Division disavows Bush policies, plans to enforce §2 of the Sherman Act rigorously, The National Law Journal (November 2, 2009).
  • The Supreme Court's 21st Century Section 2 Jurisprudence:  Penelope or Thermopylae? The Sedona Conference, (October 2009).
  • Developments in the Law:  The Presumption of Shareholder Liability and the Implications for Shareholders in Private Damages Actions, Global Competition Litigation Review (Issue 4, 2009) (with Sarah Jordan).
  • EU and U.S. “Competing” via their Competition Regimes, European Affairs (2009).
  • Intellectual Property and Antitrust:  Two Scorpions in a Bottle, The Sedona Conference Journal (Volume 10, Fall 2009).
  • The Incredible Shrinking Scale and Scope of American Antitrust 1976-2007, presented to the Sedona Conference, October 26-27, 2007.
  • Presumed Guilty: Shareholder Liability for A Subsidiary’s Infringements of Article 81 EC Treaty, 8 Bus, Law Int’l (2007) (with Sarah Jordan), also available sub. nom. Présumé Coupable: Responsibilité de l’actionnaire pour les infractions commises par une filiale à l’Article 81 du Traité Instituant Le Communauté Européenne. 
  • The Unsettled and Unsettling Nature of U.S. Competition Law Governing Single Firm Conduct, presented to The Sedona Conference, October 27, 2006.  
  • Unilateral Conduct by “Dominant” Firms in the US: Principles and Practicalities, 2005 Competition Law Invitational Forum, Cambridge, Ontario, Canada 2005 (with Barbara O. Bruckmann).
  • The Strange State of American Law Relating to Unilateral Conduct by “Dominant” Firms, Presented before The Conference of the International Bar Association, Auckland, New Zealand, October 27, 2004 (with Barbara O. Bruckmann). 
  • Foreign Purchasers Limited in Mounting Antitrust Suits in U.S. Courts, But Door not Closed all the Way, The Daily Deal, July (2004).
  • Trends in Private Antitrust Enforcement: The Monopolist Next Door, The Antitrust Review of The Americas 2003 (with James Kress).
  • Live and Let Die, 10 George Mason L. Rev. 3 (April, 2002) (with Howard Rosenblatt).
  • A Bundle of Trouble: The Aftermath of GE/Honeywell, Antitrust Magazine, Fall, 2001 (with Howard Rosenblatt).
  • Transatlantic Antitrust: Convergence or Divergence, Roundtable Discussion, Antitrust Magazine, Fall, 2001 (with Francisco-Enrique Gonzalez-Diaz, Bruce Korgut, and Carl Shapiro).
  • GE-Honeywell: Chill or Challenge for Global Cooperation? Antitrust Report, September, 2001 (with James F. Rill).
  • Single Firm Conduct and Developments in Private Antitrust Litigation, The Antitrust Review of the Americas (November, 2000) (with Margaret Zwisler).
  • Antitrust 2001,Co-Chair (with William P. Barr) of a two day program on antitrust sponsored by Fulcrum, Inc and featuring the leading five officials from both the FTC and the DOJ (September 28-29, 2000).
  • The FTC on an Antitrust Tear, The Corporate Legal Times, Special Supplement on Litigation and Technology (June, 2000) (with Scott Flick).

Speaking Engagements & Seminars

Seminars & Classes

  • Antitrust Update: A Review of the 2005-06 Supreme Court Antirust Cases, presented to the Corporate Counsel Institute at Georgetown University (2006).
  • Megatrends in Antitrust, 2000, address sponsored by the Legal Department of Rockwell International Corporation (Milwaukee, October 2000).
  • Vertical Restraints: Significant Development In Law and Enforcement, delivered at Conference on Antitrust 1997, A Briefing for Corporate Counsel, Oct. 1996.
  • What Institutional Processes Will Help the FTC to Attain Its Goals?, Delivered at the Federal Trade Commission’s Investigative Hearings on the Changing Nature of Competition in a Global and Innovation-Driven Age, December 14, 1995.
  • Market Definition, Market Power and Entry in Light of Global Competition, Delivered at the Federal Trade Commission’s Investigative Hearings on the Changing Nature of Competition in a Global and Innovation-Driven Age, October 18, 1995.
  • The Fifth Strand of Antitrust, Delivered at Business Development Associations Antitrust 1995 Conference, March 14-15, 1995.
  • The Developing Role of Antitrust As A Means of Ensuring Access For U.S. Exporters To Int'l Markets, Delivered at Business Development Assocs. Antitrust 1995 conference, March 14-15, 1995.
  • When, How and Why A Trade Association Might Wish To Seek DOJ & FTC Advice & Clearance: The Age of Business Review Letters and Advisory Opinions, Delivered at DC Bar Ass'n Annual Seminar on Antitrust and Trade Associations, Feb. 22, 1995.