STUART M. CHEMTOB

Senior Of Counsel
Antitrust

EXPERIENCE:

Stuart Chemtob is Senior Of Counsel in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where his practice focuses on government conduct investigations, litigation and arbitrations involving antitrust and licensing issues, and global antitrust counseling. In addition to representing clients in criminal and non-criminal investigations before U.S. federal antitrust agencies, Stuart also provides counseling on antimonopoly compliance in China, Japan, Korea, Taiwan, and other Asian jurisdictions, and advises on global corporate compliance programs. He also has significant experience with issues related to the interface of antitrust, intellectual property, and standard setting.

He previously served for 33 years at the Antitrust Division of the U.S. Department of Justice (DOJ), where he was Special Counsel for International Trade. In this role, he acted as the primary liaison to the antitrust enforcement agencies of the major Asian antitrust jurisdictions, including Japan, China, Korea, and Taiwan. In addition, he led merger and civil non-merger investigations, and advised criminal and civil investigative staff on the international aspects of enforcement actions. Stuart served as the primary DOJ liaison to the Japan Fair Trade Commission (JFTC), with responsibility for cooperating on civil and criminal enforcement activities and exchanging views on competition policy matters. He led the U.S. government's efforts under the U.S.-Japan regulatory reform dialogues to encourage improvements in the JFTC's effectiveness, transparency, and procedural fairness and in Japan's inward-bound investment and corporate governance regimes. Further, he served in Japan as a Mansfield Fellow, working for a year in the JFTC, the Tokyo District Prosecutor's Office, and the Ministry of Economy, Trade and Industry (METI).

With respect to China, Stuart was the lead DOJ official on antimonopoly law issues and the primary DOJ liaison to China's Ministry of Commerce (MOFCOM), National Development and Reform Commission, State Administration for Industry and Commerce, and the Supreme People's Court on antitrust-related matters. During his tenure, he spearheaded negotiations of the U.S.–China Memorandum of Understanding on Antitrust Cooperation and the Guidance on Merger Cooperation with MOFCOM, and provided advice to the relevant Chinese government entities on the drafting and implementation of China's Antimonopoly Law and its implementing rules and guidelines. In addition, Stuart served as the primary DOJ liaison to both the Korea and the Taiwan Fair Trade Commissions.

Stuart represented the DOJ on the U.S. government's (USG's) interagency Trade Policy Staff Committee (TPSC), which was chaired by the Office of the U.S. Trade Representative, led USG negotiating teams on the competition policy chapters of several free trade agreements, and was a member of the TPSC subcommittees on Japan, China, Korea, Taiwan, IP, Investment, and Section 301.

In addition to English, Stuart is conversant in Mandarin Chinese, Japanese, and French. He is admitted to the Bar of the District of Columbia.

EDUCATION:
  • J.D., University of Michigan Law School, 1978
    Cum Laude; President, International Law Society; Editorial Staff Member, ASILS International Law Journal, Vol. 2
  • B.A., Political Science, University of Michigan, 1975
    With High Distinction and Highest Honors
ASSOCIATIONS AND MEMBERSHIPS:
  • ABA Leadership, International Task Force, Section of Antitrust Law, American Bar Association
  • Non-Governmental Advisor to U.S. Antitrust Agencies, International Competition Network Annual Meeting, New Delhi, India, 2018
  • Member, Standards and Open Source Committee and Antitrust Law Committee, American Intellectual Property Law Association
SELECT PUBLICATIONS:
  • "Carte Blanche for SSOs: The Antitrust Division's Business Review Letter on the IEEE's Patent Policy Update," CPI Antitrust Chronicle, March 2015
  • "Penalties and Remedies in Concerted and Unilateral Conduct Cases: Should the Approaches Be the Same?" Sixth International Symposium on Competition Policy and Law, Institute of Law, Chinese Academy of Social Sciences (CASS), Beijing, China, 2009
  • "The Role of Competition Agencies in Regulated Sectors," Fifth International Symposium on Competition Policy and Law, Institute of Law, CASS, Beijing, China, 2007
  • "Antitrust Deterrence in the United States and Japan," Competition Policy in the Global Trading System: Perspectives from Japan, the United States and the European Union, 2000
  • "The Frustration and Promise of Deregulation in Japan," published speech from the Conference on Japanese Deregulation: What You Should Know, sponsored by Japan Information Access Project, 1997
  • Co-author, "Petitioning Foreign Governments," Special Defenses in International Antitrust Litigation, American Bar Association, Section of Antitrust Law, Monograph 20, 1995
SELECT SPEAKING ENGAGEMENTS:
  • Moderator, CPI Roundtable on Extraterritorial Distress, New Delhi, India, March 2018
  • Speaker, "The Role of the U.S. Competition Agencies in SEP-Licensing Issues," Third International Conference on Innovation for Shared Prosperity: Deliberations on Standard Setting and Patent Licensing, Jindal Initiative on Research in IP and Competition, New Delhi, India, November 2017
  • Speaker, "The Interface of Antitrust and FRAND Licensing: Perspectives from SEP-Holders," Second International Conference on Standardization, Patents and Competition Issues: Developments and Perspectives in the Asia Pacific Region and Europe, Jindal Initiative on Research in IP and Competition, New Delhi, India, June 2017
  • Speaker, "Intellectual Property, Licensing, and Antitrust," U.S.-Taiwan Digital Economy Forum, Technology Licensing Practioners' Seminar, American Institute in Taiwan, Taipei, Taiwan, March 2017
  • Speaker, "Technology Licensing Agreements and Antitrust Law", USPTO-MOFCOM Licensing Program, Beijing, China, March 2017
  • Speaker, "Abuse or Not Abuse, That is the Question—Where Exercising Patent Rights Meets [Proposed] Competition Rules," AIPLA Annual Meeting, Washington, D.C., October 2016
  • Speaker, "Defending American IP Rights and Promoting Due Process Protections Overseas: What Should the Next Administration Do?" The Heritage Foundation, Washington, D.C., December 2016
  • "Distinguishing Innovation-Focused Companies from Other Categories of Entities Holding Standard-Essential Patents," IPR and Standards Development Forum No. 2, Beijing, China, November 2013
  • "Recent Developments in U.S. Antitrust Law and Enforcement," Japan Business Federation (Keidanren), Tokyo, Japan, October 2013
  • "Antitrust Issues in Monetizing Intellectual Property Rights," Seminar on Maximizing the Value of Innovation Through a Comprehensive Patent Strategy and Licensing Program, State Intellectual Property Office, Beijing, China, September 2013
  • "Reverse Payments: Navigating the Risks Under U.S. Antitrust Laws—What Is Permitted?" Seminar on Generic Drugs in the U.S. Market, Lianyungang, China, September 2013
  • "Overview of Antitrust Analysis of Vertical and Horizontal Agreements," Workshop on Vertical and Horizontal Agreements for NDRC and SAIC, Beijing, China, December 2011
  • "Analysis of Resale Price Maintenance," Workshop on Vertical and Horizontal Agreements for NDRC and SAIC, Beijing, China, December 2011
  • "Framework for Analyzing IP Licensing Practices," Workshop on the Application of Antitrust Law to IP-Related Conduct for NDRC and SAIC, Beijing, China, October 2010
  • "Remedies for IP-Related Antitrust Violations," Workshop on the Application of Antitrust Law to IP-Related Conduct for NDRC and SAIC, Beijing, China, October 2010
  • "China's New Competition Regime: A U.S. Perspective," GWU Law School, East Asia Law Society, April 2010
  • "The Antitrust Division's Leniency Program," Antitrust Seminar for China Supreme People's Court, Beijing, China, October 2009
  • "Cooperation among Competition Authorities on Cartel Investigations," Cartel Workshop for NDRC and SAIC, March 2009
  • "Developments in Chinese Antimonopoly Law," Computing Technology Industry Association, October 2008
  • "International Best Practices in Merger Remedies," Workshop on Merger Remedies for MOFCOM, Beijing, China, June 2008
  • "China's Antimonopoly Law," International Law Section, District of Columbia Bar, January 2008
  • "Anticompetitive Agreements and Mergers under Chinese Antimonopoly Law," Strafford Publications Teleconference, October 2007
  • "Effective Enforcement Against Hard Core Cartels," Third Asian Competition Forum Law Conference, Hong Kong, October 2007
  • "Building an Environment for Effective Cooperation among Competition Authorities," International Conference on Competition Policy and Law, Hanoi, Vietnam, August 2007
  • "The Importance of Competition Policy in Promoting Economic Growth and International Competitiveness," speaking tour sponsored by the U.S. Department of State on The Importance of Competition Antitrust Enforcement to the Revitalization of Japan's Economy, Tokyo, Nagoya, Osaka, and Sapporo, Japan, February 2004
  • "International Cooperation and Convergence in the Antitrust Area: A DOJ Perspective," antitrust seminar sponsored by the Taiwan Semiconductor Industry Association and the U.S.-Taiwan Business Council, Hsinchu, Taiwan, November 2004
ADMISSIONS:
  • Bar of the District of Columbia
  • U.S. Supreme Court