SUSAN A. CREIGHTON
Consumer Regulatory & Privacy
Susan Creighton is co-chair of the firm's antitrust practice, which Law360 named as one of the top five competition groups of 2012. Her practice focuses on merger review, government conduct investigations, and antitrust litigation and counseling.
From 2001 through the end of 2005, Susan served at the Federal Trade Commission as Deputy Director and then Director of the Bureau of Competition.
Since returning to the firm, Susan has advised firm clients in a range of merger and non-merger matters, including serving as lead outside counsel for Google in the Federal Trade Commission's recent conduct investigation of the company (which the FTC closed without taking action on a unanimous 5-0 vote). Other representative clients include Adobe, Genentech, Autodesk, and Mylan.
Prior to joining the FTC, Susan was lead trial counsel for VISX in litigation against the FTC regarding claims the company had improperly acquired key patents. VISX prevailed at trial in administrative litigation, and the FTC dropped the case on appeal. Susan also wrote the white paper for Netscape that is credited with triggering the Department of Justice's investigation and eventual suit against Microsoft for illegal monopolization.
Susan has testified before the Antitrust Modernization Commission, the Federal Trade Commission, and the Senate on antitrust-related issues. She also has written a number of widely cited articles, including on issues related to mergers, intellectual property, and unilateral conduct.
Susan has served in a variety of leadership roles within the firm, including on the board of directors.
Prior to joining the firm, she was a law clerk to U.S. Supreme Court Justice Sandra Day O'Connor. She also served as a law clerk to Federal District Judge Pamela Ann Rymer.EDUCATION:
- J.D., Stanford Law School, 1984
Order of the Coif
- A.B., Harvard University, 1981
Magna Cum Laude, Phi Beta Kappa
- Member, Christian Legal Society
- Member, Section of Antitrust Law, American Bar Association
- Honored as "Lawyer of the Year" at the 2013 GCR Awards
- Recipient of "Best Academic Unilateral Conduct Article" award at the 2013 Antitrust Writing Awards for her co-authorship of "Twenty-Five Years of Access Denials"
- Named "Litigator of the Week" by American Lawyer in January 2013
- Selected for inclusion in the 2012 and 2013 editions of Washington DC Super Lawyers
- Recognized among Lawdragon's "500 Leading Lawyers in America" for 2012
- Selected for inclusion in the 2008, 2009, 2010, 2011, and 2012 editions of The International Who's Who of Competition Lawyers & Economists
- Named in the 2007-2012 editions of Chambers USA: America's Leading Lawyers for Business
- Recognized in the Competition/Antitrust category of the 2012 and 2013 editions of Chambers Global: The World's Leading Lawyers for Business
- Co-author with J. Jacobson, "Twenty-Five Years of Access Denials," Antitrust, Vol. 27, No. 1,
pp. 50-55, Fall 2012
- "2010 Horizontal Merger Guidelines: The View from the Technology Industry," The Antitrust Source, October 2010
- Co-author with S. Sher, "Resolving Patent Disputes through Merger: A Comparison of Three Potential Approaches," 75(3) Antitrust Law Journal 657-690, 2009
- Co-author with T. Krattenmaker, "Appropriate Role(s) for Section 5," The Antitrust Source, February 2009
- Co-author with J. Jacobson, "Bundled Pricing and Antitrust," 2007 ABA Section of Antitrust Law Fall Forum, November 15, 2007
- Co-author with S. Sher, "Resolving Patent Disputes Through Merger: An Analytical Approach," LSI Technology M&A Conference, September 2007
- "Patent Settlements and Standard-Setting: No Legal Consensus in Sight," PLI 12th Annual Institute on Intellectual Property Law, October 5, 2006
- "New Evidentiary Burdens in Mergers: The View from the U.S.," GMU Law Review Antitrust Symposium, September 13, 2006
- Co-author with B. Hoffman, T. Krattenmaker, and E. Negata, "Cheap Exclusion," 72 Antitrust Law Journal 975-995, 2005
- "Standard Setting and 'Patent Ambush': Lessons from the Federal Circuit's Recent Qualcomm v. Broadcom Decision," Practising Law Institute webcast, March 2009
- "The Substantive Scope of Section 5 of the FTC Act," ABA Section of Antitrust Law Fall Forum, November 2008
- "Section 5 of the FTC Act," Federal Trade Commission workshop, October 2008
- "The Increasing Role of Antitrust Principles in Defining Patent Rights," IPO Conference, June 2008
- "Antitrust for the Web-based Economy," Newport Summit on Antitrust Law and Economics, May 2008
- "Successfully Defending Pharmaceutical Antitrust Suits: Focus on Class Actions and Other Antitrust Litigation," ACI Pharmaceutical Antitrust Conference, May 2008
- "Unilateral Effects Analysis and Litigation," Federal Trade Commission workshop, February 2008
- "Monopolization and Dominance: Legal Standards for Single-Firm Conduct," ABA Section of Antitrust Law Fall Forum, November 2007
- "Industry and Regulatory Update," Via Licensing Summit, October 2007
- "Antitrust Issues," LSI Technology M&A Conference, September 2007
- "Patent Reform: Judicial, Legislative, and Administrative Responses to Fundamental Questions," ABA Sections of Antitrust and Intellectual Property Law, Intellectual Property/Antitrust Conference, June 2007
- "Avoiding Antitrust Dilemmas in Mergers and Acquisitions," ACI Conference on Pharmaceutical Antitrust, May 2007
- "Final Session: Single-Firm Conduct and Antitrust Law," DOJ/FTC Section 2 Hearings, May 8, 2007
- "Intellectual Property and the Antitrust Review of Mergers and Acquisitions," ABA Section of Antitrust Spring Meeting, April 2007
- Bar of the District of Columbia
- State Bar of California
- U.S. Supreme Court