Antitrust attorneys help companies navigate competition issues created by organic growth or acquisition under national and international laws and regulations. Antitrust attorneys straddle the line between litigation and corporate attorneys. They may advise about possible antitrust regulatory issues in an acquisition or other transaction and also represent companies in litigation, especially against the Department of Justice, Federal Trade Commission, or similar foreign government agencies. The stakes in antitrust cases can be very high “bet the company” litigation and involve complicated, sophisticated issues that can turn on minute details. Antitrust lawyers tend to be smart, methodical, and cerebral. Antitrust practitioners work across industries, and each engagement requires the attorneys to understand the products or services at issue, how they are made, how they are sold, how firms compete, and how they collaborate. It is common for antitrust attorneys in the U.S. to spend at least part of their careers working for the Department of Justice or FTC.
- Antitrust/Trade Regulation
- Legal Research & Writing
- Civil Procedure
- Competition Law
- Economics
- Evidence
- Negotiations
- Government lawyer - DOJ Antitrust Division or FTC Competition Sections
- In-house competition counsel, particularly at large, public companies
- Law firm practice
- Nonprofit competition and consumer protection public interest and advocacy organizations
- Research and other academic positions in economic and competition areas
Describe your practice area and what it entails.
Cleary has a preeminent antitrust practice that is widely recognized as the best in the world. With a strong presence on both sides of the Atlantic, we are unmatched in our ability to advise efficiently on the full range of cross-border matters and serve as a destination practice for any company facing complex antitrust issues. Our team is renowned for its strength across all areas of antitrust law, from sophisticated merger clearance to multi-jurisdictional criminal and civil investigations and complex litigation.
My practice focuses on antitrust enforcement and litigation, including civil litigation, grand jury investigations, and merger challenges. Before joining Cleary, I spent a decade as a DOJ prosecutor, which gives me unique insight into how government enforcers approach cases. At any given time, I’m defending merger transactions, navigating cartel investigations, and representing clients in antitrust litigation.
What types of clients do you represent?
I represent a broad range of clients—from global companies in technology, consumer products, health care, and sports to founders and individuals. I also work with private equity portfolio companies and startups navigating competition issues as they scale. One of the things I enjoy most about my practice is the diversity of industries; each client brings a new set of business challenges and competitive dynamics to understand.
What types of cases/deals do you work on?
My practice spans antitrust investigations and litigation, including grand jury work, civil and criminal matters, and merger challenges brought by the government. In the past year, I represented GTCR and Tempur Sealy (now Somni-group International) in merger litigation and clients such as Humana, Pratt & Whtiney, GMO-Z.com Trust Company, and the International Tennis Federation in civil litigation.
At the DOJ , I led and tried complex antitrust cases. Today, I regularly defend companies in cartel investigations, represent clients in high-stakes merger litigation, and counsel on conduct matters such as pricing, distribution, and competitor collaborations. I work on a mix of matters helping clients navigate DOJ or FTC investigations, defending merger transactions under government scrutiny, and advising on day-to-day antitrust compliance issues.
How did you choose this practice area?
After college, I worked as a paralegal in Washington, DC, and was assigned to the U.S. government’s landmark case against Microsoft. Being on the trial team preparing witnesses, man-aging evidence, and seeing strategy come together in real time hooked me on antitrust. I went to law school with this focus, practiced at a firm after graduation, and then seized an opportunity to join the DOJ in California, where I deepened my trial and investigative experience. It was the perfect combination of law, economics, and high-stakes problem-solving. I love the intellectual challenge and the fact that antitrust sits at the intersection of business strategy and legal analysis.
What is a “typical” day like and/or what are some common tasks you perform?
There’s no typical day, which is one of the things I love most about this practice. Some days, I’m preparing a client for a government interview or mapping out a merger defense strategy; other days, I’m getting ready for trial. As a Co-leader of the U.S. antitrust group, I also spend time on team building and strategy thinking about how to grow our practice, develop talent, and deliver client value. I interact regularly with clients, government enforcers, co-counsel, and economic experts. I travel often, so my schedule shifts between client meetings, hearings, and internal mentoring. The variety keeps the work fresh and intellectually engaging.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
If you can take an Antitrust class, you should. An economics background helps, but it’s not required; many of our associates come to the firm with only limited economics training and thrive with a commitment to learning. Courses in evidence, administrative law, and M&A are also useful. More broadly, build strong writing and analytical skills, get comfortable with data and expert reports, and seek experiences that develop judgment: clinics, moot court, trial advocacy, or internships with enforcement agencies like the FTC or DOJ. I also recommend joining the ABA Antitrust Section once you’re in practice to continue learning and building a network. If you have the opportunity to work for the government at some point in your career, I highly recommend it; the experience is invaluable.
What do you like best about your practice area?
Antitrust lets you learn new industries and new legal questions every day. The matters are often high-stakes—some-times truly bet-the-company—and they sit at the intersection of law, business strategy, and economics. I enjoy helping clients make critical decisions, and I appreciate that the field evolves constantly through cases, policy, and market changes so you’re always learning and contributing to how the law develops. The intellectual challenge is real, and the work has immediate, tangible impacts on clients’ businesses.
What misconceptions exist about your practice area?
A common misconception is that you need to be an economist to practice antitrust. Economics matters, but the core of the practice is clear thinking, strong writing, and practical judgment. We work with expert economists; your job is to frame the issues, test the evidence, and tell a compelling story. Another misconception is that antitrust is a niche or support practice. There’s a very large antitrust bar, and the work includes agency merger reviews, civil litigation, and criminal cartel investigations. At Cleary, antitrust is a destination practice that is strategically critical to the firm.
What is unique about your practice area at your firm?
Many firms separate antitrust into narrow silos: litigation, mergers, or white collar. At Cleary, we encourage breadth. Our lawyers work across merger review and litigation, criminal cartel investigations, civil conduct cases, and counseling. This range makes you a more complete antitrust lawyer and lets you build judgment that translates across matters. Antitrust is a flagship practice here, not a support function; it’s strategically critical to the firm. We’re also unique in having a top-tier practice in both the United States and Europe, so we handle truly global matters with seamless coordination across offices.
What kinds of experiences can summer associates gain in this practice area at your firm?
Summer associates get hands-on experience. Recent projects include helping prepare witnesses, assisting with grand jury matters, and drafting research that feeds into deposition prep and court arguments. You’ll see how clients decide whether and how to self-report and cooperate with the government. You may also join strategy sessions and pitch preparation, which opens a window to see the business of a practice. Summer associates learn about the client’s business and the competition it faces, and they’re involved in factual and legal research, risk assessment advice, and advocacy with respect to antitrust agencies. The exposure to multiple industries over a short period gives you invaluable insights into the global business world.
Heather Nyong’o is Co-leader of Cleary Gottlieb’s U.S. antitrust group. Her practice focuses on antitrust enforcement, including governmental and criminal investigations, international cartel disputes, merger clearance, and complex civil and criminal litigation.
With over two decades of white collar and antitrust experience, Heather is a seasoned litigator and skilled first-chair trial lawyer. She regularly represents major multinational corporations and executives in complex investigations and litigation in the United States and abroad. Heather fully serves her clients across every phase of investigations and litigation, including through trial. She has led multiple notable cases for individuals and corporations in nonpublic grand jury investigations.
After spending nearly a decade working in the Antitrust Division of the DOJ, Heather brings a wealth of experience in government investigations, particularly those that result in criminal or civil litigation. She won the Attorney General’s Award, the DOJ’s second-highest honor, and handled some of the agency’s most significant investigations and criminal prosecutions in recent years. After her time at the DOJ, Heather developed and led a successful antitrust, complex civil and criminal litigation, and enforcement investigations practice at another prominent firm in California, where she served as the partner-in-charge of that firm’s San Francisco office.
Describe your practice area and what it entails.
My practice broadly involves advising and representing clients across a range of antitrust issues, including M&A, business conduct and compliance, litigation and investigations, and consumer protection, and data security and privacy. Now is a particularly exciting time to be practicing in this area given the range of regulatory changes adopted in the current administration and what may be in store under the new one. Much of my practice is focused on advising clients amid this ever-shifting antitrust and regulatory landscape.
What types of clients do you represent?
I represent clients across the technology, finance, telecommunications, healthcare, media, and energy sectors, to name a few, in matters including merger review, government investigations, antitrust litigation, strategic alliances, and advocacy. I also engage in various types of sensitive work for clients, which keeps me busy.
What types of cases/deals do you work on?
My practice is not neatly defined by either the “corporate” or “litigation” designations but instead touches on both areas. Much of my time is spent on corporate matters, such as advising clients on deals, but I also work extensively in litigation by directing clients on policy, antitrust, and consumer protection issues. One example of recent client work is our representation of telecommunications firm Frontier’s $20 billion acquisition by Verizon—a transaction involving multiple teams across Cravath—as well as several matters in the healthcare and energy sectors.
How did you choose this practice area?
As an associate at Cravath, I was fortunate to gain exposure to a little bit of everything through the rotation system. I worked on a wide range of issues and matters, including merger clearance, that helped spark my interest in antitrust law. The combination of this diversified training alongside my government service forged the path to my current practice. My time as a commissioner of the FTC provided experiences that continue to influence and guide my practice and client relationships today.
What is a “typical” day like and/or what are some common tasks you perform?
Much of my time on any given workday is spent in close collaboration with clients and colleagues. There is a significant cross-disciplinary element to the antitrust work we do—we are never operating in silos when we solve problems for clients. For example, I often find myself discussing terms of a merger agreement with a corporate partner in New York and informing that discussion with an antitrust analysis I’m doing with an associate here in DC.
Working with Cravath associates, who are as smart and hardworking as they come, is one of the more gratifying elements of my job.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
I would advise summer associates to seek experiences in the areas where they’re interested in practicing. That early exposure is invaluable in helping to guide young attorneys to meaningful and fulfilling career paths. I would also recommend that any summer or first-year associate (or any lawyer at any firm) take full advantage of in-house opportunities to learn. At Cravath, we have a fantastic CLE system—it is a great way to stay sharp in and out of your practice area and contributes to the culture of continuous learning here.
Even beyond those early years as an associate, I’ve found that as a partner at Cravath and as an FTC commissioner, some of the best learning I do every day is from my colleagues—and I would say that is true of your peers generally, including those at law school. Attorneys are never solving issues alone. We are always working and learning in tandem with our colleagues, which is part of what makes the work so interesting and fulfilling.
Lastly, I would add that the antitrust bar is very active, and that provides a wealth of learning opportunities to everyone working in this space.
What is the most challenging aspect of practicing in this area?
One of the more challenging aspects of my practice is that antitrust enforcement, and how it is perceived by the public and various stakeholders, is in a state of flux. Right now, the U.S. government is signaling significant risk across a range of business activities, especially M&A; with the new administration, we don’t yet know how it will approach the same questions. I’d say that what makes advising clients on these matters particularly challenging is that the effects of these regulations are not always clear. Those changing factors make for a busy and stimulating practice.
What do you like best about your practice area?
There are two things I particularly like about my practice area: The first is that you see antitrust everywhere. Antitrust matters are often front-page news, which makes the practice exciting and illustrates how high the stakes are. And the stakes are high because of the direct effects on consumers: Real people either suffer or benefit from the outcomes arising from antitrust enforcement, decisions, and changes. The second thing I like is that I’m practicing law at a time when government agencies are trying to change how the law works, the result of which is a lot of public discourse around antitrust.
What misconceptions exist about your practice area?
Amid this discourse are, inevitably, the voices of non-experts and people who do not work in antitrust. As a result, I think there are many misconceptions about what antitrust law requires—as well as opinions about how it works—put forth by individuals who are advocating for a certain view that doesn’t necessarily translate in reality.
Given the breadth of Antitrust, what must attorneys do to be successful in the practice?
Teamwork is an essential component of my work. Take as an example how Cravath attorneys advise on mergers: My antitrust litigation team is working hand in glove with corporate colleagues who are negotiating the deal. On these matters, we consult with the client to plan for an antitrust review, and we are working internally with teams across the firm to plan and produce meaningful results for our clients. This work would not be successful without the collaboration that happens every day in my practice at Cravath.
Noah Joshua Phillips is a partner in Cravath’s litigation department and Co-chair of its antitrust practice.
He is a former commissioner of the FTC. While serving on the FTC, Noah played an integral role in precedent-setting enforcement actions and regulatory efforts concerning antitrust, consumer protection, and privacy. He decided dozens of merger and other antitrust enforcement matters across the economy, and his written antitrust opinions were consistently upheld by federal appellate courts.
Noah received an A.B. magna cum laude from Dartmouth College and a J.D. from Stanford Law School. He joined Cravath in 2006, left the Firm in 2010, and rejoined as a partner in December 2022.
He has been named a Litigation Star by Benchmark Litigation, and Lawdragon has included him on its lists of 500 Leading Lawyers in America, 500 Leading Litigators in America, and 500 Leading Global Cyber Lawyers.
Describe your practice area and what it entails.
Anna: My practice focuses on antitrust litigation, which involves representing clients in a wide array of disputes related to competition law, including bet-the-company trials. My role requires a deep understanding of both legal and economic principles as antitrust cases often hinge on distilling complex analyses of market dynamics and competitive behavior into compelling presentations that judges and jurors understand. The practice keeps me intellectually stimulated, as it involves crafting arguments that align with both statutory law and evolving case law.
Nathaniel: My practice primarily focuses on antitrust merger control, which involves guiding clients through the antitrust aspects of the deal process—from the initial assessments of a transaction to obtaining federal clearance after second requests and defending clients (and deals) in court if necessary. Because my practice encompasses the regulatory aspects that stem from the entire life cycle of a deal, the matters I work on range widely in size and complexity.
What types of clients do you represent?
Anna: My client base spans multiple sectors, but I have a particular focus on the sports industry. I represent clients such as the U.S. Soccer Federation, the Atlantic Coast Conference, and NASCAR. Sports antitrust litigation presents unique challenges and opportunities as the legal issues in sports antitrust cases often intersect with broader commercial and regulatory concerns, such as, for example, the questions surrounding name, image, and likeness that we’ve seen emerge the past few years.
Nathaniel: Due to the nature of my work, I work with a diverse range of clients, including those in Big Tech, AI, energy, and life sciences. One common thread is that my clients tend to be either involved in significant mergers or operate in rapidly evolving industries of interest to regulators. Working with clients across sectors requires me to stay abreast of market trends and regulatory developments to provide effective legal counsel.
What types of cases/deals do you work on?
Anna: I handle business-to-business disputes, merger litigation where the government may attempt to block a merger, and class actions. One unique feature of the types of cases I work on, especially in the sports sector, is the navigation of public relations as these matters can garner significant media attention.
These cases require a strategic approach, balancing legal advocacy with public relations considerations. The complexity and high stakes of these cases make them both challenging and rewarding as they often set precedents in antitrust law. Each case provides an opportunity to influence the development of legal standards in the industry.
Nathaniel: I handle a wide variety of deals, from large bet-the-company mergers to smaller licensing transactions. Each deal presents a completely new competitive landscape, regulatory posture, and economic facts that must be explored and properly contextualized to ensure that the deal receives the best shot at clearance possible. For example, I have worked on high-profile mergers involving major players in the tech and energy sectors, which often involve complex negotiations with regulatory bodies sensitive to prevailing social concerns, requiring strategic legal and economic analyses and arguments. These cases provide opportunities to influence industry standards and contribute to shaping market dynamics.
How did you choose this practice area?
Anna: My journey into antitrust was somewhat serendipitous. I didn’t initially plan to specialize in this area as I hadn’t taken antitrust courses in law school or studied economics in undergrad. However, when I joined Latham, I began in the firm’s unassigned program and took advantage of working on matters across as many practice areas as I could. When I was assigned to an antitrust litigation case under the supervision of the great Maggy Sullivan, I found the work incredibly engaging. I liked the blend of applying the broad body of antitrust case law to new applications in emerging markets and industries and knew I had discovered where I would focus my practice.
Nathaniel: I’d say that antitrust chose me! My interest in antitrust began in law school, where I offhandedly took a course that ended up sparking my passion for the field. When I joined Latham, I sought out antitrust matters, got on one supervised by Hanno Kaiser and Kelly Fayne, and the rest is history. I enjoy that the practice offers a unique blend of legal and economic challenges, allowing me to engage with a wide range of industries and issues. It also allows me to work on cases that have significant implications for competition and consumer welfare.
What is a “typical” day like and/or what are some common tasks you perform?
Anna: I would describe the typical day as dynamic. I might start the day with legal research and writing, focusing on analyzing complaints or drafting motions; move into client counseling, advising on litigation strategy, and working with clients on antitrust compliance programs; and cap off the day by interacting with government regulators.
Nathaniel: My day is similarly dynamic and typically involves diving into my clients’ businesses. Comprehensively understanding how a client sees themselves and their position is paramount to being able to render effective advice, regardless of where a client may be in their dealmaking process. I also provide clients with day-to-day guidance on regulatory processes, coordinate responses to ongoing investigations (which also vary widely), and keep up with significant developments in antitrust law.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Anna: For aspiring antitrust litigators, I recommend focusing on developing strong storytelling, communication, and legal writing skills. We must convey the stories of our clients and distill complex economic arguments in a way that’s comprehensible and persuasive to judges and juries, so the ability to build out a narrative always represents a plus.
While a background in economics can be helpful, it’s not essential. The key is to be open to learning and to work closely with experts who can provide insights into economic concepts. Engaging in moot court or other advocacy programs can also be beneficial in honing your litigation skills.
Nathaniel: I agree with Anna that while antitrust classes certainly can prove beneficial, they’re not a prerequisite to building a successful antitrust practice. It’s much more important to commit to understanding the material and developing critical and lateral thinking skills; antitrust matters very rarely have the same fact patterns, so being able to translate and analogize across fact sets are valuable skills. Engaging in internships or clerkships that offer exposure to antitrust issues can also be valuable as they provide practical experience and insights into the field. Building relationships with mentors and colleagues can also offer guidance and support.
What misconceptions exist about your practice area?
Anna: A common misconception is that you need a strong background in economics to succeed in antitrust. While understanding economic principles certainly comes into play, the practice encompasses much more, from legal analysis to strategic thinking and effective communication. I tell incoming associates not to let a lack of economic expertise deter them from exploring antitrust, as once you learn and gain more experience, these skills—navigating the economics of a case included—develop over time.
What is unique about your practice area at your firm?
Nathaniel: Our practice is industry-agnostic compared to others, requiring us to deeply understand the workings of various markets, which keeps our work intellectually stimulating and dynamic. Antitrust is one of the most fact-specific practice areas you can build a career in: Every deal or lawsuit must be contextualized in the face of the broader markets that the relevant companies are operating in, which requires us to be able to shift gears and grasp key industry concepts quickly. At bottom, an antitrust lawyer should be able to speak intelligently about a client’s business with that same client at any time.
What are some typical tasks that a junior lawyer would perform in this practice area?
Nathaniel: This is a practice area where you can dive into the substance early on in your career and develop a deep understanding of antitrust principles in action. Junior lawyers can expect to take the first cut of market research to examine the impact of a proposed transaction on competition or analyze a business to understand their business and positioning. For more-involved matters, such as a second request, a junior associate may find themselves tackling the first draft of responses for eventual submission to the federal government or discussing with client employees the aspects of the client’s business workings.
On the litigation side, junior lawyers can expect a lot of research and writing, particularly centered around the analysis of complaints and motions. One aspect of the practice that’s quite fun is the real-world component of fact finding. Because of our clientele, associates often conduct research beyond the traditional legal sense; they’re examining social media and news coverage to gain a better understanding of how our clients are perceived amongst the public and their market impact.
What are some typical career paths for lawyers in this practice area?
Anna: Many antitrust lawyers transition into government roles at agencies like the DOJ or FTC, where they can shape policy and enforcement. Others move into in-house positions as companies increasingly focus on competition law, and this will likely continue as a trend given the rise of antitrust enforcement activity in the past few years and its status as a bipartisan priority. Because experience in antitrust issues is so highly sought out in the current market, the skills gained in antitrust prove valuable for a variety of career paths and provide opportunities to work across sectors.
Nathaniel Amann advises clients on a wide range of antitrust and competition-related matters, with expertise in guiding clients through the entire transactional life cycle, from counseling during inception to navigating regulatory regimes, addressing inquiries by the FTC and DOJ, securing transactional clearances, and advising on post-closing integration. Nathaniel has also faced the FTC and private parties in litigation.
Nathaniel maintains an active pro bono practice helping immigrants in reaching a path to citizenship. He received his J.D. from the Georgetown University Law Center, where he graduated cum laude. In law school, Nathaniel served as managing editor of the American Criminal Law Review, where he also published his note on restitution and the excessive fines clause.
Anna Rathbun represents companies in high-stakes antitrust litigation and investigations, including business-to-business litigation; merger challenges; government investigations by the Antitrust Division of the DOJ, the FTC, state attorneys general, and global antitrust regulators; and class actions.
Anna maintains an active pro bono practice, which includes leading the Latham trial team that, after a week-long evidentiary hearing, secured federal habeas relief for an inmate on Alabama’s death row, for which the team received the 2022 Robert M. Dell Prize for Extraordinary Pro Bono Service. Before law school, Anna served as a Peace Corps volunteer in the Kyrgyz Republic.
Describe your practice area and what it entails.
I defend proposed and consummated mergers and acquisitions before U.S. antitrust agencies. This involves analyzing complex transaction structures and advising clients on appropriately managing antitrust risk before agreements are executed. In addition to M&A work, I counsel clients on nonmerger matters, including the formation of joint ventures and other competitor collaborations, Section 8 of the Clayton Act, information- and data-sharing among companies, and pricing and distribution strategies. I devote a significant portion of my practice to advising clients on issues relating to the HSR Act, which includes negotiating antitrust provisions in transaction agreements, developing client HSR Act training programs and compliance procedures, and representing clients in failure-to-file situations.
What types of clients do you represent?
I represent companies across a wide variety of industries— including aviation, retail, healthcare, consumer products, and energy—seeking strategic advice on how to achieve their business objectives while managing antitrust risk.
What types of cases/deals do you work on?
I work on cases where clients are seeking strategic counseling on business decisions that involve antitrust risk, for example, mergers or acquisitions, minority investments, pricing or distribution strategies, and joint ventures. My practice is a regulatory one, and I represent clients before federal and state antitrust enforcers.
How did you choose this practice area?
Honestly, I did not even know what antitrust was when I went to law school. I had the good fortune of taking an antitrust class with Professor Kovacik, who at the time was General Counsel of the FTC and later became its Chair. Once I learned that antitrust is rooted in competition and markets and how industries and businesses operate, I was sold. I worked in a variety of businesses before I eventually went to law school at night, and I enjoyed how much you need to dive into business operations and strategy to advise clients on the law. And every industry is different, so how the antitrust laws are applied differ depending on market dynamics.
What is a “typical” day like and/or what are some common tasks you perform?
I think my favorite part of my practice is there are no typical days. I get to learn about companies and products and competition across a wide array of industries. Some days, weeks, and months I can focus on a large strategic transaction for which I am helping to obtain regulatory clearance, but on any given day, I am also helping clients navigate complex competitive environments and achieve their growth strategies through a path that manages antitrust risk.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
When clients are seeking antitrust advice, they want clear and practical counseling to help guide their business decisions. Being able to distill complex legal and economic theories into advice that speaks to executives is key. They want their attorneys to customize advice to fit their business and the competitive landscape in which they operate. More generally, the ABA Section of Antitrust Law is very good and provides a ton of resources for new and more experienced practitioners. Both antitrust enforcement agencies (the FTC and DOJ) also offer workshops and provide guidance to the legal and business communities on enforcement of antitrust laws.
What do you like best about your practice area?
You learn a ton about how businesses operate and evolving industry dynamics. I like to say that I am very interesting at cocktail parties because I can talk about how airlines plan networks, how far shoppers are willing to travel for their favorite retail establishments, how canned seafood is packaged, how microprocessors are made, etc. You really need to understand your clients and their businesses to provide antitrust counseling.
What is unique about your practice area at your firm?
O’Melveny’s antitrust practice is a broad one that extends well beyond the regulatory work I focus on. O’Melveny’s antitrust practice seamlessly integrates with its corporate, intellectual property, employment, and appellate litigation teams to advise on U.S. and international competition issues, including substantive defense of government review of transactions, private antitrust and class action treble damage litigation, cartel investigations and defense of cartel prosecutions, defense of civil antitrust actions by government authorities, government conduct investigations, and judicial review of government and agency decisions.
What are some typical tasks that a junior lawyer would perform in this practice area?
In addition to the standard legal research and writing, a lot of company and industry research. You can’t advise a client on the success of obtaining antitrust clearance for a proposed acquisition without understanding the products and services that both companies offer and who they compete with. Also, PowerPoint. We draft lots of slides to build the strategic rationale for deals we bring before antitrust enforcement agencies.
What are some typical career paths for lawyers in this practice area?
There are two federal antitrust enforcement agencies with the authority to enforce antitrust laws. Further, many state attorneys general are active in antitrust cases. Both federal and state agencies have great opportunities for lawyers who want to switch from private practice to public service.
Courtney Dyer, managing partner of O’Melveny’s Washington, DC office, steers companies through increasingly complex government antitrust investigations and helps them navigate the evolving antitrust enforcement landscape. Courtney has extensive experience defending proposed and consummated mergers and acquisitions before U.S. antitrust agencies. She is adept at analyzing complex transaction structures and advising clients on appropriately managing antitrust risk before agreements are executed. Focusing on clients’ strategic objectives and supported by O’Melveny’s global antitrust team, Courtney crafts merger control strategies to achieve these objectives efficiently. Senior executives at leading companies across a wide variety of industries rely on Courtney for strategic advice on how to achieve their business objectives while managing antitrust risk. In addition to her M&A work, she counsels clients on non-merger matters, including the formation of joint ventures and other competitor collaborations, Section 8 of the Clayton Act, information- and data-sharing among companies, and pricing and distribution strategies. Courtney has advocated for government intervention on behalf of parties adversely impacted by proposed mergers or by anticompetitive conduct. In addition to her work in government investigations, Courtney devotes a significant portion of her practice to advising clients on issues relating to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act).
Describe your practice area and what it entails.
Scott: As an antitrust lawyer, I’m focused on getting transactions cleared through the DOJ, FTC, and other ex-U.S. competition authorities. We work with companies that are contemplating strategic deals. Antitrust concerns may arise when a market is too concentrated and a merger may lead to price increases or when there is a concern that a transaction may eliminate important innovation competition. We explain to antitrust agencies how our clients’ markets operate and why particular transactions do not raise competition concerns.
I also spend a significant amount of time providing strategic advice to my clients, counseling them on business strategies to ensure they achieve their goals while avoiding antitrust liability.
Chris: My antitrust work is split into two parts. The largest part is advising M&A or private equity clients who are considering a merger on whether the transaction raises antitrust risk and protecting them from that risk. Should a transaction attract the attention of the government from an antitrust standpoint, my colleagues and I represent the company to ensure that the deal gets regulatory approval and can successfully close.
The second part of my practice is representing clients in antitrust litigation—court disputes arising under antitrust laws, such as the federal Sherman Act or state antitrust laws. At Paul, Weiss, we regularly handle the most complex disputes, including in the areas of monopolization; price fixing; predatory pricing; bid rigging; exclusive dealing; and claims related to resale price, maintenance, and trade secrets.
What types of clients do you represent?
Scott: The really great thing about Paul, Weiss is that we represent companies in every single industry. For example, right now, Chris and I are working on deals in the healthcare, restaurant, petroleum, semiconductor, and airplane components industries, among others. Our antitrust group advises on a full range of global antitrust issues and often represents companies facing the most significant and complex antitrust issues of the day. Additionally, the firm’s powerhouse public M&A and private equity practices attract companies engaging in critical strategic transactions. Our practice benefits from being drawn into all those incredibly complex transactions. Examples of our clients include Apollo, DoorDash, Endeavor Energy, GM, Kraft, Mastercard, Roark, and Qualcomm.
What types of cases/deals do you work on?
Chris: While we work on transactions of all sizes, we’re most deeply involved in large deals from certain industries, such as technology, energy, and healthcare, because those are the ones that may prompt antitrust- or competition-related concerns among government officials. Our job is to help our clients answer regulators’ thorniest questions about the impact of a transaction on competition, concerns that most often arise when two competitors or a supplier and key customer are contemplating a deal.
How did you choose this practice area?
Scott: I was first exposed to antitrust during my clerkship. I found that antitrust was different from every other area of the law given its multifaceted nature, and I was particularly fascinated by the prospect of learning the ins and outs of specific industries as part of my practice. I’m inquisitive by nature and love to learn new things, so I quickly realized antitrust was the path for me and sought out opportunities to develop my practice.
Chris: Like Scott, I discovered my passion for antitrust fairly serendipitously. As a junior associate, I tried a variety of practices and instantly clicked with antitrust. It piqued my curiosity in ways other practices hadn’t, to the point that I was reading about antitrust law and trends outside of work. To be that excited about a practice was really fulfilling, and that excitement has only grown as I’ve developed my career.
What is a “typical” day like and/or what are some common tasks you perform?
Scott: One of the most interesting things I do on a regular basis is talk with my clients to better understand the detailed mechanics of how their businesses operate, how they fit in and interact with other firms in the market, and what their strategic plans are going forward. We then take that information and present it in an antitrust framework to regulators at the DOJ or FTC, either through live presentations or white papers, in our efforts to convince them that the deal they are reviewing will not lead to a reduction in competition.
Chris: I focus on the day-to-day aspects of an antitrust investigation or litigation. This involves keeping the client updated on developments, making tactical calls, and doing final reviews of letters or briefs. I would say that I typically spend half my day on the phone in various meetings, while the other half of my day is spent reviewing and marking up final-draft work product. I also set aside time to answer associates’ questions and provide feedback on their work.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Chris: Antitrust is a unique area of law in that it involves learning about different businesses in depth. You have to understand how your client’s business works, how it makes money, who its customers and its competitors are, and its position in specific markets. So the best training is to simply dive into understanding your clients’ businesses. Also, cultivate curiosity about commerce and industry; I always like to read The Wall Street Journal or the business sections of newspapers to keep on top of market developments.
What misconceptions exist about your practice area?
Chris: The biggest misconception might be that antitrust is this hyper-technical area requiring a specific academic background, but that’s just not true. You don’t need to have an economics background or a business degree. If you’re enthusiastic about business and willing to learn, you can build a successful career as an antitrust lawyer. To me, the key to succeeding in this area is having the curiosity to explore your clients’ businesses and industries combined with a strong passion for the antitrust space and a solid work ethic.
Scott: People often don’t know whether to categorize antitrust as litigation or corporate law, but antitrust is the closest you can get to a hybrid between the two areas. I do a tremendous amount of work every day with M&A clients, but I apply a litigation skill set. I don’t write briefs, but I do write white papers and defend depositions. If needed, I also defend cases in court. I find the hybrid nature of antitrust especially exciting because, unlike most lawyers, I’m not pigeon-holed into one type of legal work.
What is unique about your practice area at your firm?
Scott: Very few firms are powerhouses in both M&A and litigation, but Paul, Weiss is unmatched in both areas, and that facilitates a really robust antitrust practice here. The best litigators and M&A lawyers in the world practice at Paul, Weiss, so we’re fortunate to advise on the most significant, interesting deals and work with the absolute best legal talent across multiple departments.
Chris: At Paul, Weiss, we work on some of the most challenging, complicated antitrust matters that carry significant reputational and financial exposure. The issues are never easy or clear-cut. We grapple with tough questions that could go either way. It’s an incredibly dynamic place to develop your skills as an antitrust lawyer.
Culturally, within our firm and our antitrust group, we have a particularly close camaraderie. We truly enjoy working together and cheer for each other’s successes. When you’re tackling the types of high-stakes work that we do, this team-oriented atmosphere is invaluable.
What are some typical tasks that a junior lawyer would perform in this practice area?
Chris: At Paul, Weiss, associates of all levels gain unparalleled experience working on complex, high-stakes matters. Junior antitrust lawyers often write the first draft of a letter to the government, draft summaries of discussions, and research clients’ companies and business segments. There are also ample opportunities to build relationships with clients, including participating in client meetings and calls alongside partners and engaging in client interviews. Associates are encouraged to ask questions and share their insights. Our associates play a critical role in our group from the moment they join Paul, Weiss.
Scott: As Chris notes, associates are integral members of the team, and their work is wide-ranging. As a junior lawyer, you may get experience interviewing clients, making presentations to the government, or writing critical white papers to a government or briefs to a court. Very early on in your career at Paul, Weiss, you get a lot of hands-on experience because there are so many opportunities to work on transactions and get familiar with the regulatory process. For example, we recently had a fourth-year associate make a critical presentation to the front office of the FTC. In another major matter, a third-year associate defended our client’s executives in depositions for a significant merger litigation.
Given the breadth of Antitrust, what must attorneys do to be successful in the practice?
Scott: You have to enjoy what you do, and be committed to diving head first into the work. If you have a passion for antitrust, Paul, Weiss is a great place to amplify that passion. Wherever you are, as a junior lawyer, you should take advantage of all the opportunities for hands-on learning and development. Whether it be skills training or job shadowing, just say “yes” because you will learn best through on-the-job training and by doing many different types of work alongside more experienced lawyers. That’s why in our firm’s antitrust group, our calendars are open to each other. Associates can join any calls or meetings that look interesting and are encouraged to pursue shadowing opportunities so they can continue to learn by doing.
Global Co-head of Paul, Weiss’ antitrust practice, Scott Sher has represented companies before competition authorities in transactions collectively totaling more than $1 trillion over the past 20 years, including some of the highest-profile deals in the life sciences, technology, and retail markets. Scott has been lauded as a true star of the antitrust bar by Global Competition Review and ranked Band 1 for Antitrust by Chambers USA in Washington, DC. He earned his J.D. from UC Law San Francisco and his B.A. and B.S. from the University of Pennsylvania.
Chris Wilson is a Paul, Weiss antitrust partner who advises clients on a wide range of antitrust matters, including merger control, cross-border investigations, and private party litigation involving complex antitrust and consumer protection issues. Prior to private practice, Chris was a trial attorney in the Transportation, Energy & Agriculture Section of the DOJ Antitrust Division, where he played key roles in numerous high-profile matters and twice received its Award of Distinction. He earned his J.D. from Columbia Law School, where he was a Harlan Fiske Stone Scholar, and his B.A. from New York University.
Describe your practice area and what it entails.
Antitrust is a multifaceted practice area, and we have robust capabilities across the full range of matter types, including M&A, litigation, class actions, cartel work, and investigations. I focus on mergers, complemented by some litigation and investigations. Many of my matters have cross-border implications, and Weil frequently advises on global transactions that involve agencies and courts all over the world.
What types of clients do you represent?
In antitrust, the work can touch clients in any industry. I often work in the life sciences sector with medical device, biotechnology, and pharmaceutical companies. I regularly counsel Johnson & Johnson and Abbott in acquisitions of medical device or pharmaceutical companies, for example. I also advise clients in the retail and technology spaces, among other sectors.
What types of cases/deals do you work on?
Weil works on our clients’ most high-stakes matters. On the merger side, we advise on truly transformative acquisitions. For example, I was part of the team that represented Cedar Fair in its merger with Six Flags, which we successfully navigated through the DOJ’s approval process. We advise clients on how to draft and structure their merger agreements, including devising divestitures or other remedies when needed to secure regulatory approval.
As strategic business advisors, we work with clients to evaluate risk for business practices that they are contemplating. Our goal is to help our clients reach their business goals while limiting antitrust risk. We also help clients through litigation and government or internal investigations. While we hope our clients can avoid litigation, Weil differentiates itself by always being trial-ready.
How did you choose this practice area?
Years before deciding to go to law school, I worked for American Airlines. The airline industry has had its share of antitrust issues over the years, including certain cases that you learn about in introductory antitrust law classes. While I was working there, the airline went through the regulatory clearance process for two joint ventures with other airlines and high-stakes litigation based on allegations of anticompetitive conduct by another company. It was fascinating to see the legal matters play out from the business side and especially to see how it made a difference to American’s bottom line. Based on those experiences, I went to law school to become an antitrust lawyer. I later learned that Weil was one of the law firms that successfully handled the litigation. I now practice with some of the brilliant attorneys who played a key role.
What is a “typical” day like and/or what are some common tasks you perform?
A large part of being a good lawyer is doing lots of research. We find information from precedent, agencies and courts, and client documents. We also speak to our clients to determine what they care about, what their goals are, and how to develop the best plan to support them.
Another significant part of my day is spent investing in the firm and my team, whether that be engaging with mentees and giving feedback to my team, working on pro bono matters, or going to recruiting events to connect with candidates.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
The most relevant law school classes involve legal writing—which is critical for any practice area—and, of course, Antitrust 101 or advanced antitrust courses. On-the-job training is also invaluable for developing substantive antitrust, writing, oral advocacy, and client-management skills. The best way to develop those skills is to seek and apply feedback on a frequent basis.
What is unique about your practice area at your firm?
Students often try to decide between transactional and litigation practices, and antitrust is one of very few areas where you don’t have to choose. It involves transactions, litigation, and investigations all together. Weil advises on the full suite of antitrust matters, so there’s something for everyone all within one practice. That’s great for associates who want to be flexible and are open to different types of antitrust work that may come across their desks.
How do you see this practice area evolving in the future?
The regulatory environment is constantly evolving, especially at this moment when the political administration is changing. This is a great time to be in antitrust as we’re all figuring out the current landscape together. Joining an antitrust practice when there is a lot of change means there will be no shortage of opportunities to do novel, engaging work.
What kinds of experience can summer associates gain at this practice area at your firm?
Weil’s summer program prioritizes substantive experience. Our summer associates certainly go to amazing events and have fun social experiences, but they also take on real work. They assist with assignments that add value to our clients. In the antitrust group, summer associates join at least one case team for the entire summer. They see how those matters progress over the course of their 10 weeks and are frequently included in meetings, whether client- or agency-facing or internal. In addition, summers get a variety of experiences by handling ad hoc assignments and pro bono work.
Because Weil’s class is fairly small, summers have a great bonding experience getting to know their peers. They have fun and build camaraderie, so they are already close and have a team mentality when they return as full-time associates.
What are some typical career paths for lawyers in this practice area?
The career options for antitrust attorneys are broad and exciting. In addition to the traditional law firm path, many U.S. antitrust attorneys work for the FTC or DOJ Antitrust Division. With many large companies now hiring in-house antitrust specialists, the in-house career path is open as well.
Kristin Sanford is a partner in Weil’s antitrust group based in Washington, DC. Her practice focuses on M&A, government investigations, and general antitrust counseling. She has experience across a wide range of industries, including medical devices, pharmaceuticals, hospitality, and retail.
In 2024, Lawdragon named Kristin to its 500 X—The Next Generation list.
Prior to joining Weil, Kristin interned in a former commissioner’s office at the FTC. Kristin is a member of the ABA’s Section of Antitrust Law, served as a young lawyer representative for the Section’s Task Force on International Divergence of Dominance Standards (2017-2019), and has been a contributing editor to ABA’s Annual Review of Antitrust Law Developments.
Kristin obtained her J.D. from the Georgetown University Law Center, where she served as a law fellow in the Legal Research and Writing Department and managing editor of The Georgetown Journal of Legal Ethics. She earned her B.A., with distinction, from Duke University. Prior to law school, Kristin was a revenue management analyst for American Airlines.
Describe your practice area and what it entails.
Antitrust law is designed to promote fair competition in the marketplace by preventing anticompetitive practices that harm consumers, businesses, or the economy. It ensures that markets operate efficiently, prices remain competitive, and consumers have access to a variety of goods and services.
What types of clients do you represent?
Antitrust issues can arise in nearly every type of industry, from healthcare to tech and retail, making it a dynamic field and an always evolving area of the law. I represent companies in a variety of industries such as technology, manufacturing, tourism/hospitality, communications and media, pharmaceutical and healthcare, food and beverage, and financial institutions.
Representative clients include Toshiba, Xinyi Glass, Four Seasons Hotels, Gerber, Serta Simmons, and Purina.
What types of cases/deals do you work on?
Much of my work is in the area of class action defense against antitrust or consumer protection claims. These cases often involve allegations that a company violated antitrust laws by agreeing to fix price, engaging in bid rigging, or allocating markets. The cases may also involve allegations of improper information exchange or monopolistic practices. For example, I have represented tech companies that were alleged to have engaged in price fixing certain components of laptop computers, cell phones, or televisions. Even though antitrust jury trials are relatively rare, these cases resulted in two jury trials in back-to-back years. It was a very exciting and rewarding experience, and the client was very pleased with the outcome of both trials.
How did you choose this practice area?
Antitrust law requires deep knowledge of your client’s business and industry. Whether you are representing a pet food manufacturer, pharmaceutical company, travel provider, or glass supplier, a good antitrust lawyer learns every detail of the client’s business that could impact how they compete in the marketplace. As a practical matter, that means having a deep understanding of almost every aspect of a company. Naturally, that requires a great deal of learning and understanding. It is that learning and exploration of new products and industries that drew me to antitrust law. There is never a dull day.
What is a “typical” day like and/or what are some common tasks you perform?
As a litigator, every day is different. In one case, you may be working on a summary judgment motion. In another, you may be preparing for a deposition or important court hearing. In yet another, you could be speaking with a client’s employees to understand how they work. There are economists to consult, cases to read, and important legal developments to track.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
The path to being a successful antitrust lawyer is less about ticking specific academic boxes (such as economics) and more about cultivating a diverse skill set and practical experience. Master the essentials of legal analysis, writing, and research. Antitrust cases are often complex and require precision when arguing an issue. Critical thinking is needed to parse intricate statutes or nuanced case law. Developing your ability to understand market dynamics, competition, and the impact of corporate behavior on consumers is very important. Courses in corporate law, administrative law, or IP may help to build complementary knowledge. Seminars or workshops that touch on business law, technology regulation, and public policy can provide insight into the industries and regulatory frameworks encountered in antitrust. Additionally, hands-on experience in advocacy, negotiation, and litigation is invaluable, so look for opportunities in clinics or moot courts that address competition issues, consumer protection, or corporate governance. Practical experience through internships at government agencies like the FTC or DOJ Antitrust Division can also prove beneficial.
What is the most challenging aspect of practicing in this area?
The most challenging aspect of practicing in antitrust lies in its complexity and constant evolution, but those challenges are simply opportunities to engage in intellectually stimulating, impactful work at the intersection of law, business, and policy. Antitrust is a high-stakes environment that often requires a deep understanding of economic theories, market structures, and competition principles and that demands top-tier legal acumen, analytical precision, and an ability to present complex data in a persuasive legal argument. Because antitrust laws evolve with shifts in political, technological, and market dynamics and frequently involve cross-border issues, staying ahead of the changes requires continuous learning and a proactive approach to understanding policy and enforcement trends. Recently, antitrust has been at the forefront of economic policymaking at the national level, and it’s not uncommon to open a newspaper to find stories about how the president or Congress is employing antitrust policymaking or enforcement to support economic priorities. A skilled practitioner must be aware of all of the ways in which antitrust law and policy are developing and changing.
What misconceptions exist about your practice area?
Many assume that antitrust law is the domain of economists rather than lawyers. However, crafting persuasive arguments, advising clients, and analyzing market impacts require strong legal reasoning and advocacy skills. While an economics degree can be helpful for understanding certain aspects of antitrust law, it is by no means a prerequisite for being a successful antitrust lawyer. Antitrust practice requires strong legal reasoning, critical thinking, and advocacy skills, which are the core of a legal education—not an economics background. A strong understanding of civil procedure can be more important than whether you leave law school with an understanding of how regression models work.
Another misconception in antitrust litigation is that all of the action is in the courtroom. While courtroom advocacy is exciting, an equal amount of work is behind the scenes. Clients often turn to outside antitrust lawyers to help their employees understand best practices when it comes to compliance. An antitrust litigator should be prepared to practice in a courtroom, a boardroom, and a conference room.
What is unique about your practice area at your firm?
White & Case’s antitrust/competition practice stands out for its global reach, innovative approach, and track record of handling precedent-setting cases. Our practice is unique because of its reputation for handling groundbreaking cases that shape the legal landscape. Our list of firsts is unmatched. We pride ourselves on an interdisciplinary approach, combining deep legal expertise with an understanding of our clients’ industries. Our group fosters a collaborative culture where lawyers of all levels of seniority are encouraged to contribute meaningfully.
What are some typical career paths for lawyers in this practice area?
Antitrust lawyers can have a range of career paths, typically involving a combination of legal and regulatory responsibilities. At a law firm, an antitrust lawyer can represent clients in cases involving allegations of anticompetitive behavior; advise clients on mergers, acquisitions, and joint ventures to ensure compliance with antitrust laws, often requiring merger clearance from regulatory bodies; and provide compliance counseling to help clients navigate complex antitrust regulations to avoid violations and mitigate risk in business operations. Antitrust law is a diverse and exciting field that is increasingly important to businesses and a key aspect of economic policy.
Frank Hogue is an experienced trial attorney specializing in antitrust class actions and high-stakes cartel cases, with a strong track record of securing defense verdicts in both state and federal courts across the United States. Clients value his strategic acumen and efficiency in litigation and counseling matters. He represents multinational clients in various antitrust issues, including criminal and civil investigations, class action defense, and appellate matters across industries such as high-tech, consumer staples, and manufacturing. Frank also defends against corporate plaintiffs and state attorneys general in parallel antitrust lawsuits. With extensive knowledge of the Foreign Trade Antitrust Improvement Act, Frank handles complex cases involving both U.S. and foreign proceedings. He frequently deals with matters intersecting U.S. antitrust and trade laws, representing both foreign and domestic firms in follow-on lawsuits from U.S. trade agency proceedings. Frank represents clients in matters involving the DOJ, FTC, and SEC and advises on antitrust issues related to intellectual property (IP) and standard-setting organizations.
Describe your practice area and what it entails.
Cleary Gottlieb’s practice covers all aspects of antitrust law, including advising on M&A transactions (e.g., advocacy to obtain agency clearance), litigation (e.g., price-fixing, monopolization, and merger challenge cases), and criminal and civil government investigations. It is essentially three practice areas rolled into one. Unlike many firms, at Cleary Gottlieb, antitrust lawyers typically work in all three of these areas.
In addition, my work is often international. Having spent three years practicing in our Brussels office, I regularly advise on cross-border transactions and investigations, including global cartel investigations. These matters typically involve the U.S., the European Commission, the U.K., as well as other jurisdictions such as Brazil, China, Korea, Canada, Japan, Chile, and Mexico.
What types of clients do you represent?
My practice touches nearly every industry, and I have been privileged to represent some of the world’s leading companies in their respective industries. One of the most interesting parts of my job is learning about each sector, going beyond legal issues to really understand my clients’ business, competition, and business objectives. Based in the California Bay Area, I frequently represent software companies such as Figma, and semiconductor industry companies such as Applied Materials. Other current and recent clients include venture capital (Sequoia Capital), food and beverage (Molson Coors, General Mills, and Sysco), industrial and defense (Raytheon and Johnson Controls), consumer products (Whirlpool), retail (Family Dollar and Lowe’s), energy (Phillips 66), transportation (Korean Air), and chemical and similar industries (Dow Chemical and Air Liquide), among others.
What types of cases/deals do you work on?
My caseload is a balanced mix of merger, enforcement, and litigation matters. At any point in time, I’m usually working on a couple of matters in each area, so I’ll give one current example of each. I am currently advising Figma, Raytheon, and Korean Air in connection with various large transactions under review by government authorities. In the enforcement area, I recently represented a software company (whose name I have to keep confidential) in a DOJ criminal antitrust grand jury investigation that was shut down without our client being charged. And recently, I successfully defended Swedish Match, a Swedish multinational, in litigation in the Central District of California.
How did you choose this practice area?
I started by taking advantage of the opportunity Cleary Gottlieb provides to try several different practice areas. I found antitrust matters to be particularly fascinating and challenging, so over time I focused more and more on antitrust. I didn’t plan to be an antitrust lawyer, but fortunately, I’m at a firm that prizes versatile lawyers and allows young lawyers to explore different practice areas.
What is a typical day like and/or what are some common tasks you perform?
I interact daily with clients, regulators, co-counsel at other firms, and expert economists. I spend a lot of time in physical or virtual meetings, and also do quite a bit of writing. Many of the clients, colleagues, and co-counsel I speak with are in California, elsewhere in the U.S., or outside of the U.S., and the key regulators are in Washington, DC, Brussels, and London. So I travel a fair amount, typically at least a couple of times per month, with a number of international trips every year. A typical day or week involves advice and counseling, as well as advocacy and negotiation at the antitrust agencies and/or in litigation.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
All of the skills and experiences that are generally useful to corporate lawyers and litigators are equally essential in antitrust, including writing, oral advocacy, and client service.
In addition, an economics background and an enthusiasm for learning about the business world are very helpful for antitrust lawyers. We regularly work with our clients’ business teams, as well as economic consultants and experts. Indeed, economics principles underlie antitrust policy, so understanding economics is critical in the tough cases. Those who have an economics background find the practice area to be a natural fit. That said, many of our associates come to the firm with only a limited background in economics. These associates can thrive with a commitment to getting up to speed through extra training, classes, or reading.
More broadly, a quantitative or business background, such as in math, finance, or consulting, can be very useful. However, this is not essential, as Cleary Gottlieb offers a 2-week immersion “mini-MBA” training program to all new associates.
What is the most challenging aspect of practicing in this area?
Two issues make antitrust practice uniquely challenging.
First, antitrust merger reviews and merger litigations are condensed into a matter of months, while most other investigations and litigations of this complexity and importance last years. Merging parties can’t wait around for years to find out whether their mergers can proceed. So we need to do it all very quickly. The good news is that cases actually end, and you move on to new matters. The challenge is figuring out how to cut to the chase and quickly persuade the agency on the key issues.
Second, the DOJ’s criminal cartel investigations frequently target foreign clients who have little experience with U.S. antitrust law. Thus, antitrust investigations and advice often involve communications (across language and cultural barriers) on high-stakes matters with client representatives who are unfamiliar with the relevant law, policy, and process.
What misconceptions exist about your practice area?
Many law students don’t realize how large of a field antitrust is, and thus, how many career opportunities are available. There is a common misconception that antitrust is one of many niche “support” or “administrative” practices. In Washington, DC, the reality is that there is a very large antitrust bar, and the work includes agency merger reviews, civil litigation, and criminal cartel investigations. At Cleary Gottlieb, antitrust isn’t a support function for the firm’s M&A practice. Rather, it is a “destination” practice that is strategically critical to the firm. It is a vibrant, stand-alone, global practice that often works closely with the M&A team. Companies appreciate the value in providing resources to an antitrust defense, as many of these matters are bet-the-company cases, since the issues often boil down to whether the company is becoming too powerful in the marketplace.
What is unique about your practice area at your firm?
The greatest change in antitrust work since I have been practicing is how international it has become. In addition to the U.S. and Europe, we are regularly involved in antitrust investigations by Latin American, Asian, and other authorities. Moreover, with nearly half of the firm’s lawyers based outside of the U.S., our clients skew strongly in the international direction. Cleary Gottlieb has been consistently recognized as the only firm with a top-tier practice in both the U.S. and Europe, so we have a tremendous roster of non-U.S. clients who turn to us for U.S. and global antitrust projects.
What are some typical tasks that a junior lawyer would perform in this practice area?
A junior lawyer’s job starts with learning all about the client’s business, and the competition it faces. Given the exposure to multiple industries over time, the junior gains invaluable insights on a broad cross-section of the global business world. Armed with the facts and details about a client’s industry, the junior lawyer’s tasks involve factual and legal research, risk assessment advice, negotiation of key provisions in M&A contracts, advocacy to global antitrust agencies, client communications, and all of the steps in litigation and investigations.
Brian is a partner based in the Bay Area offices of Cleary Gottlieb. His practice focuses on the antitrust review of mergers and acquisitions, criminal antitrust investigations and other enforcement matters, and civil antitrust litigation.
Resident in the firm’s Washington, DC office for most of his career, in the firm’s Brussels office from 2008 to 2011, and in its Bay Area office since 2021, Brian offers clients seamless counsel on cross-border, global antitrust matters.
Brian has been recognized for his work by Chambers USA, The Legal 500, and Benchmark Litigation. The National Law Journal has named him a “Trailblazer in Antitrust” and BTI Consulting Group Survey of Fortune 1000 General Counsels has named him a “client service all-star.”
Brian earned his J.D. from the University of Michigan School of Law in 1995 and a B.A., with high distinction, from Brown University in 1992.
Describe your practice area and what it entails.
Antitrust lawyers are attorneys who specialize in competition law or antitrust law, which regulates the conduct and organization of businesses to prevent monopolies and unfair trade practices. Antitrust lawyers may advise clients on antitrust regulatory issues, represent them in litigation or investigations, or help them with M&A. Antitrust lawyers need to understand the client’s industry and business objectives, as well as antitrust laws and agencies.
What types of clients do you represent?
I represent clients across industries but have done a significant amount of work for life sciences companies, including pharmaceutical, defense, technology, and chemical companies.
What types of cases/deals do you work on?
My practice specifically focuses on advising clients on the merger clearance process before the Antitrust Division of the DOJ and the FTC. I also advise clients on their day-to-day business activities that have antitrust implications, namely, customer and supply relationships, exclusive arrangements, joint ventures, and competitor collaborations, among other activities.
How did you choose this practice area?
To be a good antitrust lawyer, you must understand your clients’ business and the industry in which they operate. I loved the idea of learning everything I could about an industry and then applying that to a legal question. The practice of antitrust also involves the application of economics, which was a subject I enjoyed in undergrad. Finally, I liked that antitrust combines transactional, litigation, and counseling work—the best of all worlds.
What is a “typical” day like and/or what are some common tasks you perform?
A typical day might involve communicating with a DOJ or FTC staff attorney about a transaction or working with a client (often a client’s general counsel, the in-house M&A or antitrust lawyers, or the M&A strategy and business development team) and analyzing the antitrust risks associated with a potential transaction. Another day might involve advising a client’s commercial team on how to reduce the antitrust risks associated with a planned supplier or customer contract.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Many law schools have a basic Antitrust Law class, which I’d recommend. Some law schools have more advanced classes that you can take beyond the 101 level on specific topics in antitrust, like International Antitrust or Merger Clearance. Beyond antitrust law classes, I’d recommend taking a course on accounting for lawyers. Understanding a client’s business often involves familiarity with topics like balance sheets or profit-and-loss statements, and an accounting basics class can be helpful with this.
What do you like best about your practice area?
I love that every client and every transaction is different. The industry differs, the antitrust issues differ, even the regulatory framework can differ. It’s constantly changing and challenging. For example, one day I am deep in the weeds on pharmaceutical treatments for a certain disease and the next I am considering how consumer retail products compete.
What is unique about your practice area at your firm?
Antitrust at Freshfields is unique in that our practice is one of the top antitrust practices in the world. We handle everything from the most complex cross-border transactions to the most challenging domestic antitrust litigation matters—matters that make front page news. We practice globally, and that sense of being one team across jurisdictions is developed through our unparalleled global antitrust training program, which hosts in-person and virtual trainings for all antitrust associates at different stages of their careers.
What are some typical tasks that a junior lawyer would perform in this practice area?
A junior lawyer will typically do a lot of research and writing. The research can vary from performing case law research when writing a brief of fact research on an industry (e.g., reading a company’s 10-K, searching through industry publications, or reviewing clinical trial databases) when drafting a risk assessment of a potential transaction. Junior lawyers also review merger agreements to put together issues lists for the M&A team when negotiating a transaction. Finally, they may conduct client interviews to understand the competitive landscape in a given industry or the potential impacts of a transaction or assist in deposition preparation.
What kinds of experience can summer associates gain at this practice area at your firm?
Summer associates will have the opportunity to try all aspects of antitrust work while at the firm: merger, antitrust litigation, counseling, and investigation work. This close connection across offices is a hallmark of our antitrust practice group, and even summer associates take advantage of it.
Meghan is a Chambers-ranked partner in Freshfields’ antitrust, competition and trade practice based in Washington, DC. She represents clients in merger and non-merger investigations before the DOJ and FTC.
Meghan understands complex and high-stakes antitrust issues and can explain technical products to regulators. In addition, clients value Meghan’s ability to view U.S. antitrust matters with an international lens.
Meghan is a leader in the American Bar Association's Section of Antitrust Law through her role as a member of the U.S. Presidential Transition Task Force (2024-2025) and a former Co-chair of the Mergers and Acquisitions Committee. Early in her career, Meghan clerked for the Honorable Jane R. Roth of the U.S. Court of Appeals for the Third Circuit.
Meghan chairs Freshfields' U.S. Associate Talent Development Committee and is active in the firm’s recruiting efforts. She is also involved in Freshfields’ diversity activities, was co-head of the African-American Attorney Affinity Network at her prior firm and was a 2017 Leadership Council on Legal Diversity fellow.
Meghan is consistently recognized for her work and client service by leading industry publications, including Chambers USA and the Lawdragon 500 Guide, and she has been named among The Legal 500 and Who’s Who Legal.