Areas of Practice
  • Korean
  • UCLA, J.D., 1999
  • The Johns Hopkins University, magna cum laude, B.A., 1995
Bar & Court Admissions
  • District of Columbia
  • California
  • US Court of Appeals for the 9th Circuit
  • US District Court for the Central District of California

Andrew J. Lee

1330 Connecticut Avenue, NW
Washington DC 20036
TEL: +1 202 429 6484
FAX: +1 202 429 3902

Andrew Lee is a partner in Steptoe’s Antitrust & Competition Practice in its Washington, DC office, where he counsels clients on all aspects of US antitrust laws.  Prior to his private practice, Mr. Lee began his career at the US Federal Trade Commission during the Clinton Administration, where he helped initiate antitrust enforcement actions against several high-profile US and foreign companies.  He also assisted the Commission’s leadership in defining broad antitrust enforcement policies and agenda.  

In private practice, a substantial portion of Mr. Lee’s antitrust practice in the last several years has focused on defending multinational clients who were under FTC/DOJ investigations for alleged price-fixing or other anticompetitive behaviors.  Mr. Lee has also frequently defended these clients before various US federal and state courts in related civil damages lawsuits as well.

On mergers and acquisitions, Mr. Lee counsels clients on all aspects of US pre-merger notification and review requirements under the Hart-Scott Rodino Act, and frequently coordinates clients’ merger notification and review obligations in other non-US jurisdictions.  In the past, he has served as principal working editor for Worldwide Merger Notification Requirements (Wolters Kluwer Law & Business) – which is one of the leading publications in this area.

In addition to antitrust, Mr. Lee also has an active practice in the areas of Government Investigations, Complex Litigation & Class Actions, and Mergers, Acquisitions & Joint Ventures – advising a broad spectrum of multinational clients (particularly those headquartered in Asia) on establishing and expanding their market presence in the United States, while designing proper risk mitigation strategies.  

To this end, Mr. Lee advises his clients on US government policy & regulations, potential government investigations (including at the DOJ, ITC, and SEC), proper legal structures and frameworks for renewable energy projects and technology acquisitions (including due diligence), compliance with international sanctions regimes (with focus on Iran), and complex dispute resolution advice (including cross-border arbitrations & post-verdict judgment enforcements in the US).  In doing so, Mr. Lee closely collaborates with the firm’s other colleagues to formulate business solutions that are specifically tailored to meet each of his client’s needs.

Representative Matters

Government Antitrust Investigations, Hart-Scott-Rodino Pre-merger Notification & Review, and Related Civil Litigation Practice

Mr. Lee’s notable experiences in representing clients in government antitrust investigations, merger review proceedings, and related civil litigation and trials include: 

  • Counsel for various affiliates of Samsung Group before the FTC/DOJ in connection with mandatory pre-merger notification and review proceedings under the Hart-Scott-Rodino Act in connection with the clients’ groupwide restructuring transactions.  Successfully obtained early termination of merger review proceedings. 
  • Counsel for LG Chem in its defense of DOJ antitrust investigation and civil damages class actions initiated by both direct and indirect purchaser class actions related to alleged price-fixing conspiracies in the market for lithium-ion batteries.
  • Counsel for a leading Japanese automotive parts manufacturer in connection with an ongoing DOJ investigation alleging price-fixing conspiracies of certain automobile parts.  Successfully helped obtain conditional immunity in the DOJ investigation. 
  • Counsel for a leading Japanese manufacturing machinery firm in connection with the acquisition of a majority stake of its European rival.  Successfully obtained early pre-merger review clearance of the proposed acquisition before the FTC/DOJ.
  • Counsel for Toshiba Corp. to represent the company in defense of US civil damages class actions and litigation arising from the DOJ’s antitrust investigation of global manufacturers of TFT-LCD panels. 
  • Counsel for Samsung Corning Precision Glass in a DOJ criminal investigation alleging price-fixing conspiracies in the market for CRT glass panels.  Successfully obtained conditional immunity before the US DOJ, DG Comp, and in six other global jurisdictions, while avoiding all US follow-on civil damages claims.
  • Member of the Philadelphia trial team for Stolt-Nielsen S.A. to successfully defeat the US DOJ’s first-ever attempt to revoke the client’s previously granted corporate immunity. United States v. Stolt-Nielsen, S.A., 524 F. Supp. 2d 609 (E.D. Pa. 2007).  This precedent-setting trial victory fully restored Stolt-Nielsen’s corporate leniency and remains the only contested case that clarified the key requirements of immunity under the DOJ's Corporate Amnesty Program.
  • Counsel for a senior executive of Samsung Electronics in his defense against charges of criminal price-fixing conspiracy and a subsequent trial brought by the DOJ.  Successfully helped defend initial trial proceedings and negotiate a favorable plea agreement for the client.
  • Counsel for a leading European manufacturer of high-voltage electrical cables to defend simultaneous antitrust investigations before the US and Korean antitrust agencies that alleged price-fixing conspiracies concerning certain high-voltage submarine cables.
  • Member of the Washington, DC trial team for SunGard Data Systems, Inc. to successfully defeat the DOJ’s challenge to the client’s proposed acquisition of Comdisco. United States v. SunGard Data Systems, Inc., 172 F. Supp. 2d 172 (D.D.C. 2001).  Allowed the client to timely close its acquisition. 
  • Counsel for various clients to help the FTC/DOJ oppose specific competitor acquisitions or industry consolidations, and to assist clients in obtaining favorable terms in ultimate consent decrees or divestiture orders issued by the antitrust agencies.  Previously represented confidential third party clients in the antitrust agencies’ investigations of Oracle/PeopleSoft; First Data/Concord EFS; and RJ Reynolds/British American Tobacco, among others.  
  • Member of the Chicago trial team for UPM-Kymmene Oyj to oppose a motion for preliminary injunction filed by the DOJ to challenge the client’s proposed acquisition of Morgan Adhesives Company. United States v. UPM Kymmene Oyj, et al., 2003-2 Trade Cases P 74,101 (2004). 
  • Member of the Washington, DC trial team for Upsher-Smith Laboratories to successfully defeat the FTC’s allegations that the client and Schering-Plough had engaged in an illegal “reverse payment” agreement to delay the entry of generic pharmaceutical products into the market.  In the Matter of Schering-Plough Corporation and Upsher-Smith Laboratories, Inc. (2004).
  • Counsel for Interland, Inc., a leading US Internet domain name registrar, to defend against a FTC investigation alleging that the client engaged in deceptive marketing or advertising practices in connection with soliciting its customers.  Successfully helped close the FTC investigation with no administrative fines, while the FTC has subsequently issued consent decrees against other similarly situated firms. 
  • Counsel for several leading multinational clients to help design, structure, and implement effective internal antitrust and anti-bribery compliance and audit programs.  Help organize annual compliance training sessions and required audit certifications. 

Government, Regulatory, Corporate Transactions, and Dispute Resolution Practice

Mr. Lee’s recent experiences in advising multinational clients on establishing and expanding their US and global market presence include:

  • Counsel for Keystone Global Co., Ltd., a leading Korean energy trading firm, to initiate a civil fraud action against a US-based defendant that allegedly defrauded the client on certain pre-merger negotiations and representations.  Successfully obtained favorable settlement terms from the defendant.  Keystone Global Co. Ltd. v. Revelation Energy Holdings LLC et al. (S.D.N.Y. 2013)
  • Counsel for SK Hynix, Inc. in defense of trade secrets litigation brought by SanDisk.
  • Counsel for various leading Asian construction firms to help develop proper risk mitigation strategies against growing risks of US enforcement actions against potential allegations of foreign bribery.
  • Counsel for a leading Japanese financial brokerage firm to advise the client on establishing a US branch operation and related regulatory and governmental approval procedures.
  • Counsel for a leading global manufacturer of light-emitting diodes (LEDs) to help structure its US subsidiary’s internal operation rules and compliance programs to minimize future US litigation risks.
  • Counsel for a leading Korean manufacturer of energy storage systems (ESS) to develop both proper corporate structures and regulatory frameworks to efficiently enable its US market entry and expansion.
  • Counsel for a leading Asian manufacturer of private-label teeth whitening producer to explore potential counterclaims of inequitable conduct and sham litigation against its larger US rival and its litigious efforts to drive the client out of US market.
  • Counsel for a leading Korean telecommunications services provider to advise the company on fully complying with international sanctions and other regulatory regimes in connection with establishing a business joint venture in the Middle East.
  • Counsel for a leading US medical device manufacturer to initiate commercial arbitration proceedings against its rival involving novel claims of anticompetitive acquisitions of certain technologies and related monopolization practices.

Select News & Events

Selected Publications

  • “Overview of Potential US Antitrust and Public Policy Issues in the Maritime Industry Restructurings”
    November 2016, Journal of Competition
  • “The Yates Memorandum, Guideline on the Prosecution of Individuals in Corporate Fraud Cases”
    September 2016, Journal of Competition
  • “When Information Exchanges Among Competitors Become Illegal Agreements – Comparative Analysis from US Perspective”
    May 2016, Journal of Competition
  • “Even Non-Reportable Mergers Under HSR Act Are Not Immune to Antitrust Enforcement Actions"
    March 2016, Journal of Competition
  • “US Government’s Recent Enforcement Trends Against Patent Assertion Entities (PAEs)”
    November 2015, Journal of Competition
  • “Blurred Lines: Advertising or Content?”
    September 2015, Journal of Competition
  • July 24, 2012, Maeil Economy Korea (매일경제)
  • Principal Working Editor, Worldwide Merger Notification Requirements
    2011, Wolters Kluwer Business & Law

More Publications »

Professional Affiliations

  • Antitrust Section, American Bar Association
  • Antitrust & Unfair Competition Section, California Bar Association
  • International Bar Association
  • Inter-Pacific Bar Association