BEN LABOW

Partner
Antitrust

EXPERIENCE:

Ben Labow is a partner in the San Francisco office of Wilson Sonsini Goodrich & Rosati, where he is a member of the firm's antitrust practice. Ben advises clients on antitrust issues related to mergers and acquisitions, and provides day-to-day antitrust counseling on pricing and distribution issues (e.g., resale price maintenance, price discrimination, MFNs, exclusivity clauses), joint ventures, information exchanges, trade associations, IP licensing, and unilateral conduct (e.g., refusals to deal). He has extensive experience representing clients in connection with antitrust investigations conducted by the U.S. Department of Justice (DOJ), the Federal Trade Commission (FTC), state attorneys general, the European Commission, and other antitrust agencies.

Prior to joining the firm, Ben worked as a trial attorney in the DOJ's Antitrust Division, and as a Deputy Attorney General in the Antitrust Section of the California Attorney General's Office. While in government service, he worked on a number of notable cases, including United States v. AT&T, Inc. (D.D.C. 2011), United States v. Oracle Corp. (N.D. Cal. 2004), and United States v. First Data Corp. (D.D.C. 2003).

SELECT REPRESENTATIONS:

Examples of matters for which Ben has provided antitrust representation include:

  • WeddingWire in its successful $933 million merger with The Knot (XO Group)
  • GoDaddy in its successful $1.79 billion acquisition of Host Europe Group
  • Coherent in connection with its successful $942 million acquisition of Rofin-Sinar, an acquisition that was investigated by the European Commission
  • HomeAway in connection with its successful $3.9 billion acquisition by Expedia
  • Altera in its successful $16.7 billion acquisition by Intel, an acquisition that was investigated by several antitrust agencies including the FTC, the European Commission, and China's Ministry of Commerce (MOFCOM)
  • Advent Software in connection with its successful $2.7 billion acquisition by SS&C Technologies, an acquisition that was investigated by the DOJ
  • Trulia in connection with its successful $2.5 billion acquisition by Zillow, an acquisition that was investigated by the FTC
  • Google in connection with the FTC's and European Commission's investigations into a number of Google's business practices
  • Several third-party witnesses in connection with Civil Investigative Demands issued by the DOJ and FTC, including the representation of McDonald's as a third-party witness at trial in the FTC's successful bid to block the proposed acquisition of Office Depot by Staples
EDUCATION:
  • J.D., University of Oklahoma College of Law, 2003
    Order of the Coif; Managing Editor, Oklahoma Law Review
  • B.F.A., Film and Television, New York University, 1997
SELECT PUBLICATIONS:
  • Co-author with S. Sher and B. Tennis, "Antitrust in the Trump Administration," Concurrences Competition Law Review, No. 4, 2016
  • Co-author with F. Rubinstein, "U.S. Unilateral Conduct," The Antitrust Review of the Americas 2014, Global Competition Review, 2014
  • Co-Author with H. Mickiewicz, "AT&T/T-Mobile: The Importance of State Enforcement," ICARUS, The Computer & Internet Committee Newsletter, ABA Section of Antitrust Law, Spring 2012
  • Co-author with B. Bradshaw, "Litigating Venue in Federal Antitrust Actions: Are Contacts with the Forum Required?" The Antitrust Practitioner, January 2010
ADMISSIONS:
  • Bar of the District of Columbia
  • State Bar of California
  • U.S. District Court for the Northern District of California
  • U.S. Court of Appeals for the Tenth Circuit