Antitrust: Axinn, Veltrop & Harkrider LLP

"The firm is a go-to destination for companies facing complex and challenging antitrust cases…."
– Global Competition Review 2021 Firm of the Year - Americas

"An outstanding and unique antitrust boutique. . . ." - Chambers USA

"Axinn, Veltrop & Harkrider is the biggest antitrust boutique in the U.S. . . . it also boasts one of the most experienced antitrust teams in the GCR 100." - Global Competition Review

Axinn’s antitrust practice is one of the largest and most experienced in the world. Our lawyers have served as lead or co-lead counsel on nearly half a trillion dollars in transactions and, in the last year alone, defended more than $450B in potential antitrust damages. Axinn has been global lead counsel on some of the most significant recent matters, including the largest cash merger in U.S. history, the largest tech deal in history and a wide array of cutting-edge litigation and counseling matters.

Axinn is recognized around the world by leading publications. The firm has been recognized by Global Competition Review for Law Firm of the Year (Americas), Lawyer of the Year, Matter of the Year and Merger Control Matter of the Year, and is annually included in the GCR 100. Its ranks include partners recognized by Chambers, Who’s Who Legal, and Legal500, and includes a GCR Litigator of the Year nominee, National Law Journal Trailblazers, and an American Lawyer Litigator of the Week.

MERGERS & ACQUISITIONS

Axinn's M&A practice is led by some of the world’s most experienced and respected antitrust lawyers. The firm's track record of obtaining global clearance of combinations of significant rivals has built Axinn's reputation as a "go-to" firm for strategic mergers and acquisitions. Axinn combines its extensive experience before antitrust agencies around the world with its ability to develop and present sophisticated econometric arguments, in order to obtain clearance of mergers and acquisitions that at first blush seem to raise insurmountable difficulties.

Axinn's most significant recent transactions include:

Broadcom’s pending $61 billion acquisition of VMWare
Dell’s $67 billion acquisition of EMC, the largest tech deal in history
Thermo Fisher’s $13.2 billion acquisition of Life Technologies and $12.5 billion tender offer to acquire QIAGEN
Tyson Foods’ $2.16 billion acquisition of Keystone Foods
Tufts Health Plan’s merger with Harvard Pilgrim Health Care
Johnson Controls’ $2 billion sale of Scott Safety to 3M
McKesson’s $3.4 billion tech joint venture with Change Healthcare
Stanley Black & Decker’s acquisition of a 20% stake in MTD Products
Google’s $700 million acquisition of ITA Software and its $12.5 billion acquisition of Motorola Mobility Holdings
Ball’s $6.7 billion acquisition of Rexam, PLC and and its $577 million acquisition of can manufacturing plants from InBev
Axinn lawyers also have been hired by antitrust enforcers to challenge mergers, including by DOJ to act as lead counsel in its investigation of the largest merger it has ever challenged (WorldCom/Sprint). The NY Attorney General hired the firm to challenge a series of acquisitions that monopolized Jewish funeral homes in New York City.

Axinn has substantial experience as lead counsel litigating Section 7 challenges to mergers:

The firm obtained a judgment rejecting DOJ’s bid to block SunGard's $825 million acquisition of Comdisco’s business recovery assets
The firm successfully litigated against DOJ’s attempt to block George’s sale of assets to Tyson after the sale had been completed
The firm successfully litigated against the City of New York in its efforts to stop GHI’s acquisition of HIP
The firm also has used Section 7 claims to successfully resist hostile acquisitions, including Apollo’s attempted acquisition of Vantico

LITIGATION

Axinn's antitrust litigation practice is defined by its deep experience and by the sophisticated yet practical approach it has applied to a wide variety of major cases, including acting as lead counsel in major private treble damage actions (including several complex class actions). Its lawyers have handled all types of antitrust claims and have litigated in numerous industries, including: aerospace; automotive parts; avionics; biotechnology; cable television; chemicals; data storage; distilled spirits; earth-moving equipment; entertainment; factory automation; financial services; health care; manufacturing; medical devices; payments; pharmaceuticals; plastics; power tools; and telecommunications. While at the FTC, one Axinn partner was responsible for the most significant monopolization cases brought by that agency, including Toys"R"Us, Three Tenors, Dell and Rambus.

Representative cases include:

Defense of Tyson Foods in multiple class action lawsuits alleging collusion amongst competitors
Defense of Alvogen in the sprawling Generic Drugs MDL and in its antitrust counterclaims against Indivior relating to Alvogen’s launch of a generic equivalent to Suboxone^® sublingual film
Defense of Momenta Pharmaceuticals in monopolization and class action lawsuits
Defense of IBC in the largest class action in U.S. history
Defense of RelayHealth (McKesson) in In re Surescripts monopolization class action
Defense of Shin-Tech in class action lawsuit alleging price fixing in caustic soda
Defense of multiple companies in the automotive price-fixing MDL
Defense of Alliance for Safe Online Pharmacies in a treble-damages class action case
Defense of Stanley Black & Decker in the SawStop Section 1 case

CRIMINAL

In an aggressive enforcement landscape, a company’s choice of cartel counsel is critical. Its lawyers must not only be trusted advisors and advocates, but global strategists, skilled negotiators and experienced litigators.

Axinn brings all of these skills to the table. Its lawyers have worked on the two largest price-fixing investigations of the last decade, and have represented companies and individuals in cartel investigations by the U.S. Department of Justice, the Australian Competition and Consumer Commission, Brazil’s Administrative Council for Economic Defense, the Canadian Competition Bureau, the European Commission and other worldwide authorities. Its team also includes former federal prosecutors and Antitrust Division leaders with oversight of the Division’s criminal investigations, trials and policy initiatives. Axinn takes an integrated approach and handles all aspects of the representation, including compliance programs, internal investigations, government investigations, criminal proceedings and civil litigation. The firm recognizes that success requires a clear understanding of its clients’ goals and values, and of the unique challenges posed by every investigation. It uses this understanding to provide real strategic options rather than a "one-size-fits-all" approach.

COUNSELING

Axinn provides trusted guidance on antitrust issues that are central to its clients’ strategic goals as well as those that arise in their daily business. In particular, the firm has deep experience advising clients on issues arising at the intersection of the antitrust and intellectual property laws, including standard-setting and FRAND issues. The firm also is often called upon to conduct internal investigations or to develop and implement antitrust compliance programs.

Significant matters include:

Representation of Google before FTC with respect to Standard Essential Patents
Representation of Red Hat before DOJ with respect to patent acquisitions
Representation of Motorola Mobility before FTC on patent issues
Representation of MasterCard’s Board of Directors with respect to its IPO
Representation of Momenta in standard setting litigation

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