SCOTT ANDREW SHER
Scott Sher is a partner in Wilson Sonsini Goodrich & Rosati's Washington, D.C., office, where his practice focuses on antitrust counseling and litigation. He represents clients in connection with antitrust issues that arise throughout the merger and acquisition process, from pre-merger counseling through investigations conducted by the Department of Justice, the Federal Trade Commission, the European Commission, China's Ministry of Commerce (MOFCOM), and other foreign regulatory agencies. In addition, Scott has significant experience providing both day-to-day counseling and litigation representation to clients on issues pertaining to intellectual property, joint ventures, pricing and distribution, trade association, and patent pooling matters.
Scott's representations have included a number of cutting-edge cases involving the intersection of antitrust and intellectual property law. He specializes in working with companies in the software, biotechnology, pharmaceutical, semiconductor, telecommunications, computer hardware, Internet infrastructure, and e-commerce industries. Global Competition Review, in its review of antitrust lawyers in the United States, called Scott "a true star of the antitrust bar."
Prior to joining Wilson Sonsini Goodrich & Rosati, Scott clerked for both the Honorable Joseph T. Sneed III of the U.S. Court of Appeals for the Ninth Circuit in San Francisco and the Honorable Charles A. Legge of the U.S. District Court for the Northern District of California.SELECT REPRESENTATIONS:
Scott has provided antitrust representation to clients with respect to the following matters:
- FanDuel in connection with its merger with Draft Kings, a pending merger that is being investigated by the Federal Trade Commission
- Cvent in connection with its acquisition by Vista Partners, an acquisition that combined the two largest strategic meeting management software vendors, in a review that included an in-depth second request
- Associated Wholesale Grocers in connection with its acquisition of Affiliated Foods of the Midwest, combining the two largest national wholesale food cooperatives, in an investigation by the Federal Trade Commission
- Pharmacyclics before the Federal Trade Commission in connection with its $21 billion acquisition by AbbVie, involving next generation chronic lymphocytic leukemia therapies
- Hebei Welcome Pharmaceutical Co., the largest vitamin C manufacturer in China, in connection with its successful Second Circuit appeal of a jury verdict finding the company responsible for price fixing. The case raised important and precedential application of the antitrust laws in situations where a foreign sovereign compels the defendant's actions.
- Trulia in connection with its successful acquisition by Zillow, an acquisition that combined the two leading national real estate portals, in a review that included an in-depth second request and Commission vote to approve the transaction
- Associated Wholesale Grocers in connection with its acquisition of 14 stores in Texas from Albertsons, as a part of the Federal Trade Commission's divestiture order in the Albertons-Safeway merger
- Dolby in connection with its acquisition of Doremi Technologies, a transaction that combined leading digital cinema server firms, in investigations before the Department of Justice and European Commission
- CoPart in connection with its acquisition of car salvage competitor QCSA holdings, a transaction that combined two of the leading national car salvage companies, in an investigation by the Federal Trade Commission
- Google in connection with the Federal Trade Commission's investigation into its acquisition of Waze, one of the leading crowd-sourced map companies
- Google in connection with the Federal Trade Commission's investigation into a number of Google's business practices
- Seagate Technology in its acquisition of the hard-disk-drive business of Samsung Electronics, a transaction that combined two leading HDD manufacturers, which received significant scrutiny from the Federal Trade Commission, as well as the European Commission and MOFCOM in China
- Google in connection with its successful acquisition of ITA Software, which included a significant Department of Justice investigation into the transaction. Google completed the acquisition after agreeing to a consent order to license ITA's software on a non-discriminatory basis.
- McAfee, Inc. in connection with the Federal Trade Commission and European Commission investigations into whether its acquisition by Intel Corporation would lessen competition in the security software or CPU markets
- Sun Microsystems in connection with its acquisition by Oracle Corporation, working with the Department of Justice to dispel any concern that the transaction would cause any lessening of competition in the JAVA or database markets
- Nuance with regard to its acquisitions of VoiceSignal, Philips Speech Recognition Services, and eScription, in connection with Department of Justice investigations into whether the transactions would lessen competition in the speech recognition market
- Google before the Federal Trade Commission and other regulatory and political fora in connection with the company's acquisition of DoubleClick. After the issuance of a Second Request, the Federal Trade Commission closed its investigation in December 2007, noting that the acquisition of DoubleClick was unlikely to substantially lessen competition.
- Private equity fund Vector Capital after the company was sued along with Francisco Partners by a class of WatchGuard Technologies investors who claimed that the two funds had colluded in their bidding to acquire WatchGuard voting securities. The firm secured the first-ever published opinion from the Western District of Washington concluding that such joint bidding does not implicate the antitrust laws.
- Brocade Communications Systems in connection with the Federal Trade Commission's investigation and Second Request regarding Brocade's proposed acquisition of McDATA Corporation. The Federal Trade Commission ultimately voted to clear the acquisition in January 2007.
- University of Pittsburgh Medical Center after it was sued by rival West Penn Allegheny Medical System, which claimed that UPMC conspired with a leading health-insurance firm and took steps to exclude WPAMS from the market. The complaint was dismissed in its entirety.
- Autodesk in connection with antitrust issues arising through its acquisitions of Revit, Alias, and SoftImage, leading developers of 3D-graphics technology for the architecture, media, and entertainment industries
- J.D., University of California, Hastings College of the Law, 1997
- B.S., Economics, Wharton School of the University of Pennsylvania, 1994
- B.A., Urban History, University of Pennsylvania, 1994
- Co-Chair, Unilateral Conduct Committee, Section of Antitrust Law, American Bar Association
- Former Vice Chair, Intellectual Property Committee, Section of Antitrust Law, American Bar Association
- Former Vice Chair, Mergers and Acquisitions Committee, Section of Antitrust Law, American Bar Association
- Former editor of the Antitrust Law Journal
- Recognized in the Competition/Antitrust category of the 2016 edition of Chambers Global: The World's Leading Lawyers for Business, in which peers highlighted his "incredible skill" in technology-related matters
- Selected for inclusion in the 2015, 2016, and 2017 editions of Best Lawyers in America
- Received "Lawyer of the Year - Under 40" GCR Award by Global Competition Review, 2012
- Selected for inclusion in the 2008-2015 editions of The International Who's Who of Competition Lawyers & Economists
- Named one of the world's 40 leading competition lawyers under the age of 40 by Global Competition Review in both 2008 and 2012
- Selected for inclusion in the 2012-2016 editions of Washington DC Super Lawyers
- Honored with the "Best Business Mergers Article - 2012 Antitrust Writing Award" from the Institute of Competition Law for co-authoring "EU and U.S. Antitrust Authorities Update: Best Practices on Cooperation in Merger Investigations"
- Named among the nation's top antitrust attorneys in the 2011-2016 editions of Chambers USA: America's Leading Lawyers for Business, in which clients described him as "very good at navigating clients through complex issues" and noted that "his understanding of antitrust law is amazing"
- Honored by Law360 as one of five "Rising Stars" in competition law, 2011
- Recognized by The Deal as one of eight attorneys who represent the "best up-and-coming talent in transactional lawyering," 2010
- Co-author with B. Labow and B. Tennis, "Antitrust in the Trump Administration," Concurrences Competition Law Review, No. 4, 2016
- Co-author with B. Tennis, "Exploiting Others' Investments in Open Standards," CPI Antitrust Chronicle, September 2016
- Co-author with B. Tennis and C. Williams, "U.S. Antitrust" chapter, The Mergers & Acquisitions Review, Ninth Edition, Law Business Research, 2015
- Co-author with K. Kemp, "A Comparative Analysis of the Use of Merger Remedies in Technology Industries," CPI Antitrust Chronicle, December 2014
- Co-author with C. Williams, "Rethinking the Investment-Only Exemption," The Threshold, Vol. XV, No. 1, Fall 2014
- Co-author with D. Kane, "Recent Enforcement Decisions Involving Technology Mergers and Acquisitions at MOFCOM," CPI Antitrust Chronicle, October 2014
- Co-author with C. Williams and B. Tennis of "US Antitrust" chapter, The Mergers & Acquisitions Review, Eighth Edition, Law Business Research, 2014
- Co-author with J. Lutinski and B. Tennis, "The Role of Antitrust in Evaluating the Competitive Impact of Patent Pooling Arrangements," The Sedona Conference Law Journal, Vol. 13, Fall 2012
- Co-author with A. Murino, "Unilateral Effects in Technology Markets: Oracle, H&R Block, and What It All Means," Antitrust, Vol. 26, No. 3, Summer 2012
- Co-author with I. Gotts, "The Particular Antitrust Concerns with Patent Acquisitions," Competition Law International, pp. 30-38, August 2012
- Co-author with V. Hogan, "Getting the Deal Done: Antitrust Risk-Shifting Provisions in Merger Agreements," The Threshold, Vol. 12, No. 1, Fall 2011
- Co-author with K. Kuritz, "The Innovation Costs of a Flawed Patent System," MLex Magazine, October-December 2011
- Co-author with C. Biggio, R. Shehadeh, and J. Lutinski, "The Emerging Role of Open-Source Software in Merger Analysis," Sweet & Maxwell, reprinted from European Competition Law Review, Issue 7, 2011
- Co-author with J. Jacobson and E. Holman, "Predatory Innovation: An Analysis of Allied Orthopedic v. Tyco in the Context of Section 2 Jurisprudence," 23 Loyola Consumer Law Review 1, 2010
- Co-author with S. Creighton, "Resolving Patent Disputes through Merger: A Comparison of Three Potential Approaches," 75(3) Antitrust Law Journal 657-690, 2009
- Co-author with I.K. Gotts and M. Lee, "Antitrust Merger Analysis in High-Technology Markets," European Competition Journal, Vol. 4, No. 2, December 2008
- Co-author with C. Biggio and F. Rubinstein, "Brocade/McDATA: Structural Presumptions Didn't Tell the Whole Story," The Threshold, Vol. 7, No. 2, Spring 2007
- Co-author with J. Jacobson, "'No Economic Sense' Makes No Sense for Exclusive Dealing," 73 Antitrust Law Journal 779, 2006
- "Analyzing Medical Device Mergers," ABA Antitrust Health Care Chronicle, Vol. 20, No. 2, July 2006
- Please see wsgr.com for a complete list of publications.
- Panelist, "Antitrust and Digital Platforms: The Effect of Competition Law and Policy on Market Dynamics," The Capitol Forum, Washington, D.C., June 30, 2016
- "The Capitol Forum Interview Series with Scott Sher, Wilson Sonsini Goodrich & Rosati," The Capitol Forum, May 2016
- Bar of the District of Columbia
- State Bar of California