Antitrust: Axinn, Veltrop & Harkrider LLP

"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

"Increasingly involved in cross-border merger transactions. The practice now has a strong telecoms reputation." - Global Competition Review

Axinn’s antitrust practice is one of the largest and most experienced in the world, and has earned an exceptional worldwide reputation. It 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 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 and the American College of Trial Lawyers, a former Chair of ABA’s Section of Antitrust Law, two former FTC assistant directors, an author of the leading treatise on the HSR Act, Acquisitions Under The Hart-Scott-Rodino Antitrust Improvements Act, and the principal editor of the ABA’s Econometrics Handbook.

MERGERS & ACQUISITIONS

Axinn's M&A practice is led by some of the nation'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, e.g., DOJ, FTC, EC, MOFCOM, CADE, JFTC, KFTC, TTFC, 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 has obtained clearance for some of the most significant recent transactions:

Dell’s $67 billion acquisition of EMC, the largest tech deal in history
Ball’s $6.85 billion acquisition of Rexam PLC and its $577 million acquisition of can manufacturing plants from InBev
Thermo Fisher Scientific’s $13.6 billion acquisition of Life Technologies and its $2.1 billion acquisition of Dionex
Google’s $700 million acquisition of ITA Software and its $12.5 billion acquisition of Motorola Mobility Holdings
Cingular Wireless's $41 billion acquisition of AT&T Wireless
The sale of BellSouth to AT&T for $67 billion
Omnicare's $1.33 billion acquisition of NeighborCare
Harcourt’s $4 billion sale to Reed Elsevier and Thompson
Wolters Kluwer’s $1 billion acquisition of NDC Health

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. 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; health care; manufacturing; 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:

Current defense of IBC in the largest class action in U.S. history
Current defense of Nishikawa Rubber in price-fixing litigation
Successful defense of Stanley Black & Decker in the SawStop Section 1 case
Successful defense of Affinia in a multi-district price-fixing class action
Successful defense of price discrimination claims brought by auto parts wholesalers
Successful representation of Omnicare in a Section 1 lawsuit against United Health
Successful representation of a UTC subsidiary against monopolization claims
Successful defense of Tyson against a class action under the Packers & Stockyards Act
Successful defense of Yeshiva University against a class action challenging the nation’s medical residency program

Current defense of Secalt in the “Oil for Food” litigation brought by the Iraqi government

Axinn frequently represents targets of government investigations, and has been extraordinarily successful at avoiding litigation altogether, in the most efficient manner possible.

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 bring 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 criminal investigations by the U.S. Department of Justice, the Canadian Competition Bureau, the European Commission and other worldwide authorities. 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

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