Antitrust Mergers, Acquisitions, & Joint Ventures

Mergers, Acquisitions, & Joint Ventures

• Represented DISH in successfully challenging the proposed merger of T-Mobile and Sprint, forging a remedy to make DISH the fourth mobile carrier alongside T-Mobile, AT&T and Verizon, and then successfully defending the merger as conditioned in antitrust litigation in two federal courts.
• Successfully advised Public Service Enterprise Group, Inc. and PSEG Power for antitrust and related regulatory approval issues in the proposed sale of its fossil generating fleet to PSEG’s generation competitors. This is one of the largest fossil fleets in the PJM regional market.
• Represented American Express Global Business Travel in the US and international antitrust review of its 2021 acquisitions of Egencia, the leading digital travel management platform, from Expedia Group, and of Ovation Travel Group, including Lawyers Travel. These acquisitions followed on the 2018 acquisition of Hogg Robinson Group, another leading global travel management company. *
• Represented BNSF Railway Company before the Surface Transportation Board in proceedings regarding the merger between Canadian Pacific Railway Limited and Kansas City Southern Railway.
• Successfully counseled and advised Cigna in connection with its acquisition of Express Scripts, a vertical transaction that the DOJ approved unconditionally. *
• Successfully overcame horizontal and vertical merger issues for Fresenius Medical Care to close the multibillion-dollar acquisition of the largest home hemodialysis equipment supplier, following an FTC Second Request investigation. *
• Provided creative transaction structuring advice that was critical in facilitating the $18 billion investment by SK Hynix in Toshiba’s NAND (flash memory) business. *
• Represented Entergy in connection with its acquisition of a power plant before the DOJ Antitrust Division. Successfully obtained clearance for the transaction following the DOJ’s Second Request investigation.
• Successfully represented an international machine tool manufacturer and technology services provider before the DOJ Antitrust Division in its acquisition of a competing machine tool manufacturer.
• Represented technology clients in successfully opposing Comcast’s acquisition of Time Warner, which the parties ultimately abandoned.

*Matters handled at prior firm or company.