antitrust - ropes & gray

4
ANTITRUST Ropes & Gray LLP is a leading law firm with offices in the United States, Europe and Asia. We represent a broad range of industry leaders in matters that often have a transformative impact on their businesses. More than 1,100 lawyers and many more professionals collaborate across 11 offices on three continents to represent and protect clients’ interests. We do not believe in a “one-size-fits-all” approach, but instead work closely with our clients to create solutions that make sense for them. • Founded in 1865 • Leading practices in private equity, mergers and acquisitions, finance, life sciences, health care, litigation, government enforcement, and intellectual property • Lawyers and staff fluent in 46 languages • Over 30 lawyers of Korean heritage, including seven partners • Each client is considered a client of the entire firm • Ropes & Gray attorneys serve as general or special counsel to more than 100 public companies and advise more than 500 mutual funds or fund boards Attorney Advertising BOSTON CHICAGO HOnG KOnG LONDON nEw yORK SAN FRANCISCO SEOUL SHANGHAI SILICON VALLEY TOKyO WASHINGTON, D.C.

Upload: others

Post on 01-May-2022

1 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: ANTITRUST - Ropes & Gray

ANTITRUST

Ropes & Gray LLP is a leading law firm with offices in the

United States, Europe and Asia. We represent a broad range

of industry leaders in matters that often have a transformative

impact on their businesses. More than 1,100 lawyers and many

more professionals collaborate across 11 offices on three

continents to represent and protect clients’ interests. We do

not believe in a “one-size-fits-all” approach, but instead work

closely with our clients to create solutions that make sense

for them.

• Founded in 1865

• Leading practices in private equity, mergers and acquisitions, finance, life sciences, health care, litigation, government enforcement, and intellectual property

• Lawyers and staff fluent in 46 languages

• Over 30 lawyers of Korean heritage, including seven partners

• Each client is considered a client of the entire firm

• Ropes & Gray attorneys serve as general or special counsel to more than 100 public companies and advise more than 500 mutual funds or fund boards

Attorney Advertising

Boston ChiCAgo HOnG KOnG London

nEw yORK sAn FrAnCisCo seouL shAnghAi

siLiCon vALLey TOKyO WAshington, d.C.

Page 2: ANTITRUST - Ropes & Gray

REPRESEntAtivE AntitRUSt MAttERS

AntitRUSt At A GLAnCE

Ropes & Gray offers a full range of antitrust capabilities designed to meet today’s client needs. Built around former officials from the U.S. antitrust enforcement agencies and Ropes & Gray’s superb trial litigators, our antitrust attorneys combine extensive substantive knowledge, practical trial and investigative experience, and familiarity with a broad range of industries to produce outstanding results.we represent clients in civil and criminal investigations before U.S. antitrust enforcement agencies. we litigate the full range of antitrust claims—both for plaintiffs and defendants—in U.S. courts and in arbitrations, including class actions. Our attorneys regularly counsel clients in connection with joint ventures, licensing, and distribution arrangements. we also obtain clearances for mergers and acquisitions from the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC). working closely with Ropes & Gray’s leading intellectual property group, our attorneys are particularly skilled in handling complex issues at the intersection of antitrust and intellectual property. we are also skilled in navigating issues that arise in representing foreign companies in U.S. courts, including extraterritorial jurisdiction and discovery with respect to materials located abroad.Ropes & Gray’s antitrust practice group includes veterans of the DOJ Antitrust Division, including from the Microsoft litigation, a former attorney advisor to the FTC Chairman, and former prosecutors. Our antitrust attorneys have tried numerous cases to verdict and have cleared some of the most significant mergers of the last decade. Ropes & Gray’s antitrust lawyers hold positions in the leadership of the ABA Antitrust Section, regularly publish leading articles in the field, teach advanced antitrust at a top American law school, and have played a leading role in the development of government antitrust guidelines on competitor collaborations.

CRiMinAL AntitRUSt

• Represent multiple executives accused of price fixing in auto parts industry in international criminal investigation by DOJ Antitrust Division.

• Represent chief financial officer of major municipal bond firm accused of price fixing by DOJ Antitrust Division and state attorneys general.

• Obtained favorable resolution of charges accusing client of price fixing in international transportation markets.

• Obtained immunity for numerous clients in connection with DOJ Antitrust Division’s amnesty program, including (among others) in auction and construction businesses.

• Represented numerous clients in connection with antitrust investigations that concluded with no action taken (financial services, defense contracting, food processing, and educational services industries).

CiviL AntitRUSt, iP/AntitRUSt & COUnSELinG

• Hitachi-LG Data Storage and Hitachi-LG Data Storage Korea, inc. – Defending antitrust class actions brought by direct and indirect purchasers alleging price fixing in optical disc drives.

• Polar Air Cargo and Atlas Air Worldwide Holdings – Defending consolidated antitrust class actions alleging conspiracy among major air cargo carriers to fix charges relating to air cargo transportation.

• Daewoo international Corporation – Secured dismissal of price fixing claims case alleging international conspiracy to fix charges for CRTs and CRT products.

• Global Knowledge network – Prevailed in motion to dismiss all antitrust claims in action alleging illegal tying.

• Sandata technologies – Defended against antitrust counterclaims in patent-antitrust litigation.

• Cablevision – Defending in class action challenging its failure to create full compatibility with third-party set-top boxes as unlawful tying.

• Lloyd’s of London – Represented in various antitrust class actions alleging that contingent commission arrangements among insurers and brokers unlawfully allocated customers and reduced competition.

M&A AntitRUSt

• Becton Dickinson – Representing before FTC in $730 million acquisition of its Discovery Labware unit by Corning Inc.• Biomet – Advised in acquisition of Johnson & Johnson’s DePuy Orthopaedics Trauma business as part of divestiture required by

FTC and European Union resulting from merger between J&J and Synthes, Inc.• Hospital of St. Raphael – Represented before FTC in its combination with yale-new Haven Hospital.• navilyst Medical – Advised Avista Capital Partners in $372 million sale of its portfolio company, navilyst, to medical device maker

Angiodynamics.• Genzyme – Represented before FTC, avoiding second request, in its $20.1 billion sale to Sanofi- Aventis.• Salient Surgical – Represented before FTC, avoiding second request, in its $525 million acquisition by Medtronic.• Genzyme – Represented before FTC in $265 million sale of its diagnostic business to Sekisui Chemical.• Genzyme – Represented before FTC in successfully clearing $925 million sale of its esoteric laboratory services business to LabCorp,

including coordinating worldwide antitrust filings.• Covidien – Represented before FTC in successfully clearing, without a second request, its $2.6 billion acquisition of vascular device

maker ev3.• Green Mountain – Represented before FTC in successfully clearing its acquisition of Diedrich Coffee.• viant – Represented welsh, Carson, Anderson & Stowe and its portfolio company, Viant, Inc., before DOJ Antitrust Division in

successfully clearing combination of Viant and Multiplan, Inc., the two leading nationwide independent PPO networks.

Page 3: ANTITRUST - Ropes & Gray

“Sources say: They really bring a good commercial sense which is a

hard trait to come by. They can look at a problem and come back with

a creative solution. They not only look at it from a legal perspective, but

also give us something which fits the business perspective.”

—Chambers USA 2012

“This team draws considerable acclaim for its expertise in handling merger clearance, cartel investigations and

price-fixing cases.”

—Chambers USA 2012

www.ropesgray.com

RAnKinGS• Chambers USA – Recognized as a leading antitrust practice, with

practitioners highly ranked in Massachusetts and the District of Columbia from 2004-2012.

• US News – Best Lawyers – Ranked locally and nationally for “Antitrust Law,” with a number of attorneys in Massachusetts and the District of Columbia listed as leaders in their field.

• PLC Which Lawyer? – Recognized as a leading antitrust practice in Massachusetts and the District of Columbia, with a number of attorneys listed as leaders in the field.

• Benchmark Litigation – Antitrust partner, Jane willis, listed among the “Top 250 women Litigators in America.”

• Legal Media Group Life Sciences Guide – Antitrust partner, Mark Popofsky, named as a “Life Sciences Star” in the inaugural edition.

• Antitrust attorneys also are recognized in The International Who’s Who of Competition Lawyers, Super Lawyers and Lawdragon 3000: Leading Lawyers in America.

inDUStRy ExPERiEnCE• Biotechnology

• Computer sciences

• Consumer Products

• Electronics

• Financial Services

• Health Care

• Manufacturing

• Medical Devices

• Pharmaceutical

• semiconductors

• Telecommunications

• transportation

Page 4: ANTITRUST - Ropes & Gray

William yongkyun Kim Partneru.s. Lawyer • Foreign Legal Consultant in Korea • Chairman, Korea Practice • Head of Seoul [email protected]

David Chun

Partneru.s. Lawyer • Foreign Legal Consultant in [email protected]

Ropes & Gray in Seoul (Foreign Legal Consultant Office in Korea)Ropes & Gray is the first foreign law office in Korean history to be approved by the Korean Ministry of Justice and registered with the Korean Bar Association as a “Foreign Legal Consultant Office.” We ushered in a new era for the firm and Korea when we opened our doors on July 20, 2012 in POSCO Center near Samseong Station in Seoul—the first foreign law firm to do so in Korea.

the firm’s history with Korean companies predates the opening of our office, however. Over the past two decades, our lawyers have regularly represented Korean companies in intellectual property, complex business litigation, U.S. government regulations and compliance, antitrust, mergers and acquisitions, finance, life sciences, health care, and cross-border transactions. Ropes & Gray’s Seoul office will continue to concentrate on these practice areas.

the firm’s new Seoul office is led by William yongkyun Kim, who heads the firm’s Korea practice and is the first foreign lawyer in Korean history to be registered as a “Foreign Legal Consultant.” throughout his 29-year legal career, Mr. Kim has worked with many Korean companies to successfully resolve some of the most complex matters, cases and disputes. Mr. Kim formerly served as General Counsel and Managing Director at the Chairman’s Office of the Daewoo Group of Companies in Seoul, Korea (1993 - 1997) and currently serves on the Board of Directors (and the Audit Committee and Remuneration Committee) of a publicly traded Korean company (listed on the Korean Stock Exchange and the new york Stock Exchange). these positions give Mr. Kim unique insight into what is truly important to in-house lawyers and top management of Korean companies.

Mr. Kim is joined by another partner, David Chun, an intellectual property litigation practitioner who has been registered in Korea as a “Foreign Legal Consultant.” Mr. Chun has been involved in numerous complex iP litigation cases in the U.S. and is the only partner-level U.S. lawyer at a Foreign Legal Consultant Office in Korea who devotes 100 percent of his time to intellectual property matters.

© 2013, Ropes & Gray LLPAll rights reserved. Prior results do not guarantee a similar outcome. Communicating with Ropes & Gray LLP or a Ropes & Gray lawyer does not create a client-lawyer relationship.13_199_KR_AnT_0314

Ropes & Gray Foreign Legal Consultant OfficePOSCO P&S Tower, 21F

134 Teheran-ro, Gangnam-guSeoul 135-923, Korea

Phone: 02 2141 5900 • +82 2 2141 5900 (if dialing from outside Korea)Fax: 02 2141 5950 • +82 2 2141 5950 (if dialing from outside Korea)