Antitrust

Our reputation as tenacious advocates for strategic transactions is built on our track record of obtaining global clearances for multibillion-dollar deals combining industry rivals.

Axinn lawyers regularly serve as lead counsel, overseeing co-counsel around the world. Our unique experience and  perspectives make us adept at developing cohesive strategies to address regulators’ concerns head-on and gain approvals in the most challenging jurisdictions.

Experience:

• Broadcom’s $69 billion acquisition of VMware.
• Dell’s $67 billion acquisition of EMC.
• Thermo Fisher Scientific’s $13.2 billion acquisition of Life Technologies and $12.5 billion tender offer to acquire QIAGEN .
• WestJet Airlines Ltd. in connection with equity investments by Delta Air Lines and Korean Air.
• Funds managed by Greenbriar Equity Group in connection with the sale of oil change operator Breeze Autocare to Valvoline Inc.

Axinn’s substantial experience as lead counsel in Section 7 challenges to mergers includes:

• Obtained a judgment rejecting the DOJ’s bid to block SunGard’s $825 million acquisition of Comdisco’s business recovery assets.
• Successfully litigated against the DOJ’s attempt to block George’s Inc.'s sale of assets to Tyson Foods after the sale had been completed.
• Successfully litigated against the City of New York in its efforts to stop Group Health Inc.'s acquisition of HIP Insurance Company.

Employing a sophisticated yet practical approach, Axinn has defended major industry players in some of the most high-profile and complex antitrust litigations and deal reviews in recent history. From private treble-damage class actions and sprawling multidistrict litigations (MDL) to price-fixing, bid-rigging, market allocation, and other antitrust claims, we resolve cases strategically and efficiently. Our experience extends to monopolization disputes, merger trials, criminal defense, and internal investigations.

Our inquisitive nature drives us to explore all facets of antitrust claims, ensuring comprehensive and diligent representation across industries. We consistently apply our creativity and bottom-line perspective to achieve exceptional outcomes in matters involving third-party subpoena defenses, leniency applications, antitrust compliance,  and government investigations.

Experience:

• Representing Tyson Foods in multiple class action lawsuits alleging collusion among competitors.
• Representing 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.
• Representing Momenta Pharmaceuticals in a monopolization and class action lawsuit.

In today’s aggressive enforcement environment, the choice of cartel counsel is crucial. Lawyers must be incisive advisors, inquisitive strategists, and invested advocates. Axinn embodies these qualities.

We pride ourselves on handling the two largest price-fixing investigations of the past decade. We’ve represented clients in cartel investigations by major global authorities, including:

• DOJ
• Australian Competition and Consumer Commission
• Brazil’s Administrative Council for Economic Defense
• Canadian Competition Bureau
• European Commission

Our ranks include former federal prosecutors and leaders from the DOJ Antitrust Division who have overseen criminal investigations, trials, and policy initiatives. Leveraging our government experience, we take an integrated approach to managing all aspects of representation: compliance programs; internal investigations; government probes; criminal proceedings; and civil litigation.

We understand that each client’s goals and challenges are unique and devise tailored, creative strategies to resolve investigations.

We excel in leading complex matters at the intersection of antitrust and intellectual property (IP) laws. Combining our advanced technical training and focused IP experience, we regularly advise on standard-setting and fair, reasonable, and nondiscriminatory  issues.

Clients call on us to conduct thorough internal investigations and to develop and implement robust antitrust compliance programs. Our client-centric approach empowers clients to navigate the most challenging antitrust landscapes with confidence.

Experience:

• Representing Google before FTC with respect to Standard Essential Patents
• Representing Red Hat before DOJ with respect to patent acquisitions
• Representing Motorola Mobility before FTC regarding patent issues

Our appellate lawyers combine firsthand government service with proven advocacy in high-stakes appeals. With former federal and state appellate clerks, U.S. Department of Justice and State Solicitor General’s Office veterans, and experienced Supreme Court practitioners, we distill complex trial records into concise, persuasive arguments.

We handle appeals across antitrust, commercial, intellectual property, and government enforcement matters—including by stepping in post-trial to preserve victories or reverse adverse rulings. We also work seamlessly with trial teams to preserve key issues, develop case strategy, and present the strongest possible arguments. From briefing to oral argument—and through merits briefs, petitions for discretionary review, and amicus submissions—we deliver targeted strategies that protect outcomes and shape the law.

Axinn provides integrated CFIUS guidance that helps clients move deals forward confidently — connecting competition law insight with national security experience.

Cross-border transactions increasingly face dual scrutiny from both competition and foreign direct investment authorities. In the United States, this means that a transaction involving a non-U.S. acquirer may be reviewed by the DOJ or FTC to assess its impact on competition, as well as by the Committee on Foreign Investment in the United States (CFIUS) to determine its effect on U.S. national security. Because Axinn’s CFIUS lawyers are also antitrust practitioners, our team is uniquely positioned to bridge these two critical dimensions, providing clients with practical, coordinated strategies to get their deals done. Our CFIUS practice is fully integrated with the nation’s leading antitrust team, ensuring clients receive comprehensive guidance that anticipates and addresses both competition and national security risks — without duplicative workstreams or conflicting advice.