JOSHUA H. SOVEN

Partner
Antitrust

EXPERIENCE:

Joshua H. Soven is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where his practice focuses on government antitrust investigations, antitrust litigation, and counseling on competition issues. He represents leading public and private companies before the Antitrust Division of the U.S. Department of Justice (DOJ), the Federal Trade Commission (FTC), and in the federal courts. His clients include companies across a diverse range of sectors, including the technology, financial services, payment card, healthcare, life sciences, retail, and energy industries.

Josh is currently representing Deutsche Telekom in connection with T-Mobile’s merger with Sprint Corporation. He is also presently defending BNSF Railway Company in a series of putative antitrust class actions.

Since entering private practice in 2012, Josh has obtained timely approval of complex, strategic transactions for a range of prominent companies, including AECOM, Ameristar, Francisco Partners, Hewlett-Packard, LinkedIn, Marriott, Matson, Norbord, Northwell Health, The Southern Company, St. Jude Medical, and Tenet Healthcare.

Previously, Josh served in several leadership and trial counsel roles at both U.S. antitrust agencies. From 2007 to 2012, Josh was Chief of the Litigation I Section of the DOJ's Antitrust Division, where he directed all of the division's investigations, litigation challenges, and settlement negotiations in the health insurance, consumer products, packaging, beer, and dairy sectors, including the successful litigation challenge in United States v. Blue Cross Blue Shield of Michigan. He also handled the investigation of and negotiation of divestiture agreements for the following transactions: International Paper/Temple-Inland; Graphic Packaging/Altivity Packaging; UnitedHealth Group/Sierra Health Services; InBev/Anheuser-Busch; and Grupo Bimbo/Sara Lee. In addition, Josh served as a trial attorney in the division's Networks & Technology Enforcement Section, where he directed investigations in the software, electronic payment systems, and financial services fields, including the department's successful litigation challenge to the First Data/Concord merger, United States v. First Data (DDC).

From 2004 to 2007, Josh was an Attorney Advisor to FTC Chairman Deborah Platt Majoras, advising her on antitrust enforcement and policy matters. Earlier in his career, he was a special assistant in the U.S. Attorney's Office in Alexandria, Virginia.

Josh is currently an editor of the American Bar Association's (ABA's) Antitrust Magazine, and he is a former editor of the ABA's Antitrust Law Journal. He has spoken at many conferences on antitrust enforcement issues and served as a lecturer at the Kellogg School of Management at Northwestern University, where he co-taught a course on strategy and competition policy in the healthcare sector.

CURRENT PUBLIC REPRESENTATONS:
  • Deutsche Telekom in connection with T-Mobile’s merger with Sprint Corporation
  • Mulesoft in its $6.5 billion sale to Salesforce
  • BNSF Railway Company in a series of putative antitrust class actions
  • Google in an antitrust lawsuit filed by Dreamstime
SELECT REPRESENTATIVE TRANSACTIONS:
  • Hewlett-Packard in the sale of its information technology services business to Computer Sciences Corporation
  • LinkedIn in its $26 billion sale to Microsoft
  • St. Jude Medical in its $25 billion sale to Abbott Laboratories
  • Marriott in its $13 billion acquisition of Starwood
  • Southern Power in its $2 billion joint venture with Kinder Morgan
  • Southern Power in its $8 billion acquisition of AGL Resources
  • Norbord in its $650 million acquisition of Ainsworth; obtained unconditional clearance following a DOJ Second Request investigation
  • AECOM in its $6 billion acquisition of URS
  • Tenet Healthcare in its $2 billion acquisition of United Surgical Partners International
  • Tenet Healthcare in its acquisition of Emanuel Medical Center; obtained unconditional clearance following an FTC Second Request investigation
  • Hewlett-Packard in its sale of mobile device patents to Qualcomm
  • A large industrial company in its $1.7 billion acquisition of a competitor in the paper-based consumer products sector; obtained unconditional clearance following a DOJ second request investigation
  • Recordati in its acquisition of rare-disease products from Lundbeck
SELECT REPRESENTATIVE LITIGATION MATTERS:
  • Representing BNSF Railway in In re Rail Freight Fuel Surcharge Antitrust Litigation (DDC)
  • Represented Clorox in Woodman's Food Markets v. The Clorox Company (WD Wis)
EDUCATION:
  • J.D., University of Virginia School of Law, 1991
  • B.A., Economics and History, University of Pennsylvania, 1988
    Summa Cum Laude
HONORS:
  • Consistently named among the nation's top antitrust attorneys by Chambers USA: America's Leading Lawyers for Business, in which he is described as a "fantastic" antitrust lawyer who "brings deep prior experience in senior positions at both the FTC and DOJ to his highly regarded antitrust practice...Sources praise his creative and strategic solutions and comment that he understands the nuances of antitrust doctrine." Clients report that Josh "shines in his ability to understand what the economists say and de-complicate it for our business people."
  • Consistently honored as a leading antitrust lawyer by The International Who's Who of Competition Lawyers and Best Lawyers
  • Recognized as an "Antitrust Trailblazer" in 2015 by The National Law Journal for excellence in antitrust merger clearance
SELECT PUBLICATIONS:
  • Co-author with T. Hoang, "More Old News than New News in American Express," Antitrust Magazine, Fall 2018
  • "After the Obama Administration: What Comes Next in Antitrust Merger Enforcement Policy?" Antitrust Magazine, Fall 2017
ADMISSIONS:
  • Bar of the District of Columbia