Antitrust and Competition
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An Elite Antitrust and Competition Practice
Hailed by Global Competition Review as “perhaps the best antitrust and competition practice for high-tech matters in the world,” Wilson Sonsini’s exceptional Antitrust and Competition practice group represents clients in high-stakes antitrust litigation, mergers, and criminal and civil investigation, in addition to providing valuable counseling on business strategy.
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A Team Led by U.S. and European Enforcement Agency Veterans
Wilson Sonsini's antitrust and competition team includes former agency officials who served in senior-level roles at the U.S. and European agencies responsible for regulating and enforcing antitrust and competition matters.
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Recognized as a Leading Antitrust Practice in the U.S. and Globally
Wilson Sonsini's Antitrust practice has been recognized among Global Competition Review’s “Global Elite" and ranked as one of the top Antitrust practices worldwide and in the U.S. by Chambers Global and Chambers USA, respectively.
Wilson Sonsini's antitrust attorneys are uniquely positioned to assist clients with a wide range of issues, from day-to-day counseling and compliance to crucial bet-the-company matters. Our accomplished team is consistently recognized among the leading Antitrust practices worldwide by such sources as Global Competition Review, Chambers, and Law360. GCR hailed the group as "perhaps the best antitrust and competition practice for high-tech matters in the world," while Chambers USA characterized them as "a dominant firm for matters involving the hi-tech sphere, acting for many of the most prominent technology firms," with a "deep and diverse bench of outstanding practitioners."
Based in New York City, Washington, D.C., San Francisco, Silicon Valley, and Brussels, our highly regarded antitrust attorneys advise clients with respect to mergers and acquisitions, criminal and civil investigations by government agencies, antitrust litigation, and issues involving intellectual property, consumer protection, and privacy. We advise clients on a full range of issues, including pricing, distribution, vertical restrictions, standard-setting activities, joint ventures, and patent pooling. Working with Fortune 100 global enterprises as well as venture-backed start-up companies, our attorneys have expertise in virtually every significant industry sector, including technology, media, healthcare, services, transportation, and manufacturing.
Wilson Sonsini's attorneys have held senior positions at U.S. federal agencies, including:
- FTC Acting Chair and Commissioner
- FTC Director of the Bureau of Competition
- Deputy Assistant Attorney General for Criminal Enforcement of the DOJ Antitrust Division
- Assistant Director of the FTC's Mergers IV Division
- Assistant Chief of the New York field office of the DOJ Antitrust Division
- Attorney Advisor to the FTC Chairperson
- Chief of Staff in the DOJ Antitrust Division
In addition, Jonathan Jacobson served as a congressionally appointed commissioner to the 12-member Antitrust Modernization Commission, which was responsible for reviewing and recommending potential changes to the nation's antitrust laws. All of our senior lawyers write and speak extensively on antitrust and competition topics, and many of our attorneys hold leadership positions in national and local antitrust bar organizations.
Litigation
Wilson Sonsini’s antitrust litigation attorneys litigate antitrust issues on behalf of the government and as trial counsel for company plaintiffs and defendants, including a significant docket of federal class action and “follow-on” cases after government enforcement. The team is routinely hired to represent companies such as Amphastar Pharmaceuticals, Google, Hitachi Chemical, Live Nation, Mylan, Netflix, Symantec, and Walgreens in their most important antitrust litigation matters.
Mergers
The merger clearance attorneys in Wilson Sonsini's Antitrust and Competition practice have consistently been involved in complex deals involving market-leading companies in many of the most competitive sectors, including the technology, life sciences, media, energy, financial services, transportation, and consumer product industries. Because of our team's experience representing buyers, sellers, and third-parties in proposed mergers before the FTC, the DOJ, and the European Commission, the firm has been consistently top-ranked in annual surveys, both in the U.S. and abroad.
Civil Investigations and Criminal Investigations
Wilson Sonsini’s antitrust attorneys have represented clients in connection with the most important civil non-merger investigations by the DOJ in recent years. The team has a long history of representing companies in connection with precedent-setting investigations such as United States v. VISA, United States v. Microsoft, FTC v. VISX, in addition to representing Google throughout the world on major investigations.
We have represented clients in connection with some of the most important criminal investigations brought by the Department of Justice and across jurisdictions. Combined, the team has more than 60 years experience as prosecutors and more than 35 years experience as defense counsel.
While Wilson Sonsini's antitrust team is truly global in scope, it operates as a singular unit that tackles the largest, most complex, and most high-profile antitrust matters throughout the world—and does so with an unmatched record of success.
Overview
Wilson Sonsini's antitrust attorneys are uniquely positioned to assist clients with a wide range of issues, from day-to-day counseling and compliance to crucial bet-the-company matters. Our accomplished team is consistently recognized among the leading Antitrust practices worldwide by such sources as Global Competition Review, Chambers, and Law360. GCR hailed the group as "perhaps the best antitrust and competition practice for high-tech matters in the world," while Chambers USA characterized them as "a dominant firm for matters involving the hi-tech sphere, acting for many of the most prominent technology firms," with a "deep and diverse bench of outstanding practitioners."
Based in New York City, Washington, D.C., San Francisco, Silicon Valley, and Brussels, our highly regarded antitrust attorneys advise clients with respect to mergers and acquisitions, criminal and civil investigations by government agencies, antitrust litigation, and issues involving intellectual property, consumer protection, and privacy. We advise clients on a full range of issues, including pricing, distribution, vertical restrictions, standard-setting activities, joint ventures, and patent pooling. Working with Fortune 100 global enterprises as well as venture-backed start-up companies, our attorneys have expertise in virtually every significant industry sector, including technology, media, healthcare, services, transportation, and manufacturing.
Wilson Sonsini's attorneys have held senior positions at U.S. federal agencies, including:
- FTC Acting Chair and Commissioner
- FTC Director of the Bureau of Competition
- Deputy Assistant Attorney General for Criminal Enforcement of the DOJ Antitrust Division
- Assistant Director of the FTC's Mergers IV Division
- Assistant Chief of the New York field office of the DOJ Antitrust Division
- Attorney Advisor to the FTC Chairperson
- Chief of Staff in the DOJ Antitrust Division
In addition, Jonathan Jacobson served as a congressionally appointed commissioner to the 12-member Antitrust Modernization Commission, which was responsible for reviewing and recommending potential changes to the nation's antitrust laws. All of our senior lawyers write and speak extensively on antitrust and competition topics, and many of our attorneys hold leadership positions in national and local antitrust bar organizations.
Litigation
Wilson Sonsini’s antitrust litigation attorneys litigate antitrust issues on behalf of the government and as trial counsel for company plaintiffs and defendants, including a significant docket of federal class action and “follow-on” cases after government enforcement. The team is routinely hired to represent companies such as Amphastar Pharmaceuticals, Google, Hitachi Chemical, Live Nation, Mylan, Netflix, Symantec, and Walgreens in their most important antitrust litigation matters.
Mergers
The merger clearance attorneys in Wilson Sonsini's Antitrust and Competition practice have consistently been involved in complex deals involving market-leading companies in many of the most competitive sectors, including the technology, life sciences, media, energy, financial services, transportation, and consumer product industries. Because of our team's experience representing buyers, sellers, and third-parties in proposed mergers before the FTC, the DOJ, and the European Commission, the firm has been consistently top-ranked in annual surveys, both in the U.S. and abroad.
Civil Investigations and Criminal Investigations
Wilson Sonsini’s antitrust attorneys have represented clients in connection with the most important civil non-merger investigations by the DOJ in recent years. The team has a long history of representing companies in connection with precedent-setting investigations such as United States v. VISA, United States v. Microsoft, FTC v. VISX, in addition to representing Google throughout the world on major investigations.
We have represented clients in connection with some of the most important criminal investigations brought by the Department of Justice and across jurisdictions. Combined, the team has more than 60 years experience as prosecutors and more than 35 years experience as defense counsel.
While Wilson Sonsini's antitrust team is truly global in scope, it operates as a singular unit that tackles the largest, most complex, and most high-profile antitrust matters throughout the world—and does so with an unmatched record of success.
Alerts
New York Legislature Passes Ban on Personalized Pricing
Last week, the New York State Legislature passed the One Fair Price Act (S.8623B/A.9349B) (the Act), a bill that prohibits businesses from using personal data—such as purchase history, browsing history, real-time location, income, or inferred household size—to generate individual prices for consumers. While the Act bans so-called “surveillance pricing,” or personalized pricing, companies may still use “dynamic pricing” algorithms, subject to a modified disclosure requirement, so long as the algorithm does not set prices based on consumer personal data. The bill now awaits the signature of Governor Kathy Hochul, who has until December 31, 2026, to act.
Client Highlights
Wilson Sonsini Advises Credo on Regulatory Matters Related to Acquisition of DustPhotonics
On May 28, 2026, Credo Technology Group Holding Ltd (Credo), an innovator in providing connectivity at scale through fast, reliable, and energy-efficient system solutions, announced that it has completed its acquisition of DustPhotonics in a transaction valued up to $1.3 billion. DustPhotonics brings industry-leading silicon photonics photonic integrated circuit (SiPho PIC) technology for optical connectivity, deepening Credo’s optical interconnect portfolio across 800G, 1.6T, and 3.2T near-packaged optics (NPO) and co-packaged optics (CPO). Wilson Sonsini Goodrich & Rosati advised Credo on regulatory matters related to the transaction.
Alerts
Agri Stats Settlement Clarifies DOJ Views on Information Sharing
On May 7, 2026, the U.S. Department of Justice (DOJ) Antitrust Division and six state attorneys general filed a proposed Final Judgment to resolve antitrust claims against benchmarking and consulting firm Agri Stats, Inc. (Agri Stats). Agri Stats collects, processes, and distributes benchmarking data to broiler chicken, pork, and turkey processing operations. The reports are based on non-public pricing, profitability, and cost data submitted by meat processors. While Agri Stats purported to aggregate and anonymize the data, the DOJ alleged that those receiving the reports could identify who submitted the non-public data, allowing participants to raise prices.
Bylined Articles
Law360 Article: “CMA's Actions Signal New Spotlight on UK Consumer Law”
Wilson Sonsini attorneys Deirdre Carroll, Andrew Morrison, and Tom Evans authored a recent Law360 article titled "CMA's Actions Signal New Spotlight on UK Consumer Law." The piece examines the recent substantive fining decision against the Automobile Association (AA), the UK’s leading motoring association, by the UK’s Competition and Markets Authority (CMA). The authors offer practical compliance guidance for businesses selling to UK consumers, covering price transparency, online review integrity, subscription model reform, and employee training on CMA outreach, with a note that the potential introduction of a consumer class action regime could further raise the stakes for non-compliance.
Insights
Alerts
New York Legislature Passes Ban on Personalized Pricing
Last week, the New York State Legislature passed the One Fair Price Act (S.8623B/A.9349B) (the Act), a bill that prohibits businesses from using personal data—such as purchase history, browsing history, real-time location, income, or inferred household size—to generate individual prices for consumers. While the Act bans so-called “surveillance pricing,” or personalized pricing, companies may still use “dynamic pricing” algorithms, subject to a modified disclosure requirement, so long as the algorithm does not set prices based on consumer personal data. The bill now awaits the signature of Governor Kathy Hochul, who has until December 31, 2026, to act.
Client Highlights
Wilson Sonsini Advises Credo on Regulatory Matters Related to Acquisition of DustPhotonics
On May 28, 2026, Credo Technology Group Holding Ltd (Credo), an innovator in providing connectivity at scale through fast, reliable, and energy-efficient system solutions, announced that it has completed its acquisition of DustPhotonics in a transaction valued up to $1.3 billion. DustPhotonics brings industry-leading silicon photonics photonic integrated circuit (SiPho PIC) technology for optical connectivity, deepening Credo’s optical interconnect portfolio across 800G, 1.6T, and 3.2T near-packaged optics (NPO) and co-packaged optics (CPO). Wilson Sonsini Goodrich & Rosati advised Credo on regulatory matters related to the transaction.
Alerts
Agri Stats Settlement Clarifies DOJ Views on Information Sharing
On May 7, 2026, the U.S. Department of Justice (DOJ) Antitrust Division and six state attorneys general filed a proposed Final Judgment to resolve antitrust claims against benchmarking and consulting firm Agri Stats, Inc. (Agri Stats). Agri Stats collects, processes, and distributes benchmarking data to broiler chicken, pork, and turkey processing operations. The reports are based on non-public pricing, profitability, and cost data submitted by meat processors. While Agri Stats purported to aggregate and anonymize the data, the DOJ alleged that those receiving the reports could identify who submitted the non-public data, allowing participants to raise prices.
Bylined Articles
Law360 Article: “CMA's Actions Signal New Spotlight on UK Consumer Law”
Wilson Sonsini attorneys Deirdre Carroll, Andrew Morrison, and Tom Evans authored a recent Law360 article titled "CMA's Actions Signal New Spotlight on UK Consumer Law." The piece examines the recent substantive fining decision against the Automobile Association (AA), the UK’s leading motoring association, by the UK’s Competition and Markets Authority (CMA). The authors offer practical compliance guidance for businesses selling to UK consumers, covering price transparency, online review integrity, subscription model reform, and employee training on CMA outreach, with a note that the potential introduction of a consumer class action regime could further raise the stakes for non-compliance.
Speaking Engagements
Big Tech on Trial: Navigating Section 2 Monopolization Cases in the Digital Economy
Wilson Sonsini partner and former senior DOJ Antitrust Division litigation counsel Julia Tarver Wood will lead the CLE webinar titled "Big Tech on Trial: Navigating Section 2 Monopolization Cases in the Digital Economy."
Speaking Engagements
Fundamentals of Antitrust and Competition Law for In-House Contract Teams
Wilson Sonsini partner Matthew McDonald and senior counsel Robin Crauthers join Laura Frederick, CEO of How to Contract, to examine the antitrust and competition law fundamentals that in-house contract teams need to spot the issues that matter and know when to bring in specialist help.
Speaking Engagements
2026 ABA Antitrust International Cartel Workshop
Wilson Sonsini partners Brent Snyder and Jindrich Kloub will play key roles at the 2026 ABA Antitrust International Cartel Workshop in Vienna. Serving as Workshop Vice Chair, Brent Snyder contributes significantly to developing a program centered on developments and trends in international cartel enforcement as well as best practices through “demonstrations” based on a hypothetical cartel. In addition to his leadership role, Brent oversaw the drafting of the hypothetical on which the Workshop will be based, and Wilson Sonsini associate Paige Hammond will participate in the “Introduction to the Hypothetical” session, setting the stage for the Workshop’s in-depth demonstrations of a global cartel investigation.
Speaking Engagements
Face the Music: Takeaways from the Live Nation / Ticketmaster Antitrust Case
Wilson Sonsini partner and former senior DOJ antitrust official Taylor Owings will lead the CLE titled "Face the Music: Takeaways from the Live Nation / Ticketmaster Antitrust Case," presented by the Beverly Hills Bar Association’s Antitrust Law Section.
Speaking Engagements
The EU Competition Law & AI Regulation Forum
The EU Competition Law & AI Regulation Forum will take place in Brussels on June 3, 2026. The forum will address the regulatory and enforcement challenges AI introduces within the EU competition framework. Wilson Sonsini partner Jindrich Kloub will speak on the panel "Exploring Developments in Autonomous Tacit & Algorithmic Collusion," discussing competition issues arising from AI systems, algorithmic pricing, the RealPage case, and AI platforms colluding without human involvement. For more information and to register, please visit the event website.
Events
Speaking Engagements
Big Tech on Trial: Navigating Section 2 Monopolization Cases in the Digital Economy
Wilson Sonsini partner and former senior DOJ Antitrust Division litigation counsel Julia Tarver Wood will lead the CLE webinar titled "Big Tech on Trial: Navigating Section 2 Monopolization Cases in the Digital Economy."
Speaking Engagements
Fundamentals of Antitrust and Competition Law for In-House Contract Teams
Wilson Sonsini partner Matthew McDonald and senior counsel Robin Crauthers join Laura Frederick, CEO of How to Contract, to examine the antitrust and competition law fundamentals that in-house contract teams need to spot the issues that matter and know when to bring in specialist help.
Speaking Engagements
2026 ABA Antitrust International Cartel Workshop
Wilson Sonsini partners Brent Snyder and Jindrich Kloub will play key roles at the 2026 ABA Antitrust International Cartel Workshop in Vienna. Serving as Workshop Vice Chair, Brent Snyder contributes significantly to developing a program centered on developments and trends in international cartel enforcement as well as best practices through “demonstrations” based on a hypothetical cartel. In addition to his leadership role, Brent oversaw the drafting of the hypothetical on which the Workshop will be based, and Wilson Sonsini associate Paige Hammond will participate in the “Introduction to the Hypothetical” session, setting the stage for the Workshop’s in-depth demonstrations of a global cartel investigation.
Speaking Engagements
Face the Music: Takeaways from the Live Nation / Ticketmaster Antitrust Case
Wilson Sonsini partner and former senior DOJ antitrust official Taylor Owings will lead the CLE titled "Face the Music: Takeaways from the Live Nation / Ticketmaster Antitrust Case," presented by the Beverly Hills Bar Association’s Antitrust Law Section.
Speaking Engagements
The EU Competition Law & AI Regulation Forum
The EU Competition Law & AI Regulation Forum will take place in Brussels on June 3, 2026. The forum will address the regulatory and enforcement challenges AI introduces within the EU competition framework. Wilson Sonsini partner Jindrich Kloub will speak on the panel "Exploring Developments in Autonomous Tacit & Algorithmic Collusion," discussing competition issues arising from AI systems, algorithmic pricing, the RealPage case, and AI platforms colluding without human involvement. For more information and to register, please visit the event website.
Jeffrey C. Bank
Partner
Jeff represents companies in antitrust disputes, including multi-district litigations and cartel cases.
Beau Buffier
Partner
Beau Buffier is an antitrust partner in the New York and Boston offices of Wilson Sonsini Goodrich & Rosati, where his practice focuses on defending clients in merger investigations before the Federal Trade Commission and Department of Justice as well as non-U.S. antitrust agencies including the CMA (UK). Beau also represents domestic and foreign clients in connection with various antitrust issues concerning cartel matters, abuse of dominance, joint ventures, distribution arrangements, intellectual property, competitor collaborations and Hart-Scott-Rodino compliance. Beau has defended substantive merger investigations and other civil and criminal investigations involving a wide variety of industries, including semiconductors, telecommunications, enterprise software, internet platforms, pharmaceuticals, medical devices, chemicals, retailing, airlines, automotive parts, and entertainment and ticketing.
Deirdre Carroll
Partner
Deirdre Carroll is a partner in the Brussels and London offices of Wilson Sonsini Goodrich & Rosati, where her practice focuses on global mergers, agency investigations, and compliance counselling. She also works closely with Wilson Sonsini’s data protection and privacy team to provide clients with integrated, strategic advice on data-related antitrust counselling and digital platform regulation, including the EU’s Digital Markets Act.
Jocelyn Chow
Partner
Jocelyn Chow is a regulatory and compliance partner in the Hong Kong office of Wilson Sonsini Goodrich & Rosati. With a focus on antitrust, national security, and international trade matters, Jocelyn advises multinational corporations on all aspects of antitrust law, global economic and trade sanctions, export controls, import controls, rules of origin, and foreign investment controls. She works with companies operating across numerous industrial sectors, including defense, bioscience, advanced engineering and technology, aviation, telecommunications and broadcasting, and financial services.
Brendan Coffman
Partner
Brendan Coffman is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where he is a member of the antitrust and competition practice. Brendan’s practice is rooted in helping innovative companies align competition strategy with broader business goals.
Jamillia P. Ferris
Partner
Jamillia represents clients in several areas, including merger review, government investigations, and antitrust-related counseling and litigation.
Michelle Yost Hale
Partner
Michelle Hale focuses on complex, government-facing antitrust matters. Michelle regularly represents companies before the Federal Trade Commission (FTC) and the U.S. Department of Justice in conduct and merger investigations, including specializing in matters involving investigations into potential Robinson-Patman Act violations. This experience informs her ability to provide effective antitrust counseling on a wide range of business conduct, including joint ventures, collaborations, and pricing and distribution, among others. She also has extensive experience navigating through the complexities of the U.S. HSR and multi-jurisdictional filing processes.
Jindrich Kloub
Partner
Head of Wilson Sonsini’s European antitrust team, Jindrich Kloub represents clients in high-stakes antitrust investigations, cartel defense, and digital markets regulation matters, providing strategic counsel on navigating enforcement processes across jurisdictions in Europe and Hong Kong. He defends companies facing regulatory scrutiny and helps clients secure remedies in complex antitrust disputes. His expertise covers abuse of dominance, cartels, distribution and licensing agreements, competitor collaborations, and sustainability initiatives, including compliance with EU sustainability regulations.
Ben Labow
Partner
Ben advises clients on antitrust issues, such as M&A clearance, pricing, and distribution.
Bonnie Lau
Partner
Bonnie Lau is a partner in the San Francisco office of Wilson Sonsini Goodrich & Rosati. She represents clients in antitrust and related complex litigation involving claims of price-fixing, wage-fixing, no-poach conduct, output suppression, monopolization, refusal to deal, predatory pricing, and group boycott, as well as antitrust counterclaims in IP and patent matters. Clients praise Bonnie as a “masterful strategist” who “deliver[s] pragmatic and business-focused advice,” and “a fantastic lawyer” who is “detail-oriented and able to manage complex matters with ease and good humor” (Chambers USA).
People
Jeffrey C. Bank
Partner
Jeff represents companies in antitrust disputes, including multi-district litigations and cartel cases.
Beau Buffier
Partner
Beau Buffier is an antitrust partner in the New York and Boston offices of Wilson Sonsini Goodrich & Rosati, where his practice focuses on defending clients in merger investigations before the Federal Trade Commission and Department of Justice as well as non-U.S. antitrust agencies including the CMA (UK). Beau also represents domestic and foreign clients in connection with various antitrust issues concerning cartel matters, abuse of dominance, joint ventures, distribution arrangements, intellectual property, competitor collaborations and Hart-Scott-Rodino compliance. Beau has defended substantive merger investigations and other civil and criminal investigations involving a wide variety of industries, including semiconductors, telecommunications, enterprise software, internet platforms, pharmaceuticals, medical devices, chemicals, retailing, airlines, automotive parts, and entertainment and ticketing.
Deirdre Carroll
Partner
Deirdre Carroll is a partner in the Brussels and London offices of Wilson Sonsini Goodrich & Rosati, where her practice focuses on global mergers, agency investigations, and compliance counselling. She also works closely with Wilson Sonsini’s data protection and privacy team to provide clients with integrated, strategic advice on data-related antitrust counselling and digital platform regulation, including the EU’s Digital Markets Act.
Jocelyn Chow
Partner
Jocelyn Chow is a regulatory and compliance partner in the Hong Kong office of Wilson Sonsini Goodrich & Rosati. With a focus on antitrust, national security, and international trade matters, Jocelyn advises multinational corporations on all aspects of antitrust law, global economic and trade sanctions, export controls, import controls, rules of origin, and foreign investment controls. She works with companies operating across numerous industrial sectors, including defense, bioscience, advanced engineering and technology, aviation, telecommunications and broadcasting, and financial services.
Brendan Coffman
Partner
Brendan Coffman is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where he is a member of the antitrust and competition practice. Brendan’s practice is rooted in helping innovative companies align competition strategy with broader business goals.
Jamillia P. Ferris
Partner
Jamillia represents clients in several areas, including merger review, government investigations, and antitrust-related counseling and litigation.
Michelle Yost Hale
Partner
Michelle Hale focuses on complex, government-facing antitrust matters. Michelle regularly represents companies before the Federal Trade Commission (FTC) and the U.S. Department of Justice in conduct and merger investigations, including specializing in matters involving investigations into potential Robinson-Patman Act violations. This experience informs her ability to provide effective antitrust counseling on a wide range of business conduct, including joint ventures, collaborations, and pricing and distribution, among others. She also has extensive experience navigating through the complexities of the U.S. HSR and multi-jurisdictional filing processes.
Jindrich Kloub
Partner
Head of Wilson Sonsini’s European antitrust team, Jindrich Kloub represents clients in high-stakes antitrust investigations, cartel defense, and digital markets regulation matters, providing strategic counsel on navigating enforcement processes across jurisdictions in Europe and Hong Kong. He defends companies facing regulatory scrutiny and helps clients secure remedies in complex antitrust disputes. His expertise covers abuse of dominance, cartels, distribution and licensing agreements, competitor collaborations, and sustainability initiatives, including compliance with EU sustainability regulations.
Ben Labow
Partner
Ben advises clients on antitrust issues, such as M&A clearance, pricing, and distribution.
Bonnie Lau
Partner
Bonnie Lau is a partner in the San Francisco office of Wilson Sonsini Goodrich & Rosati. She represents clients in antitrust and related complex litigation involving claims of price-fixing, wage-fixing, no-poach conduct, output suppression, monopolization, refusal to deal, predatory pricing, and group boycott, as well as antitrust counterclaims in IP and patent matters. Clients praise Bonnie as a “masterful strategist” who “deliver[s] pragmatic and business-focused advice,” and “a fantastic lawyer” who is “detail-oriented and able to manage complex matters with ease and good humor” (Chambers USA).
Litigation
- Successfully defended against Google litigations filed by KinderStart, Person, TradeComet, and MyTriggers. In each case the plaintiffs challenged Google's Search rankings and AdWords quality score adjustments as acts of monopolization, and all were dismissed.
- Successfully defended Google in ongoing antitrust and contract litigation pending in the Northern District of California filed by Dreamstime, a stock photo website. Dreamstime alleged that Google reduced its rankings and entered into promotional deals with other stock photo websites, including Getty and Shutterstock, which favored those sites. In its January 28, 2019 Order, the court dismissed these claims with prejudice, holding that the alleged “mistreatment of Dreamstime as a customer of Google... even by a monopolist, does not necessarily reduce competition in the relevant market.”
- Represent Mylan in high-stakes civil litigations as both a plaintiff and a defendant.
- Represented pharmaceutical company Amphastar in related antitrust and patent cases that were resolved in a global settlement after a successful First Circuit appeal. In June 2019, Amphastar announced that it has entered into a settlement agreement with Momenta/Sandoz, under which Momenta and Sandoz agreed to pay Amphastar $59.9 million.
- Represent Symantec in NSS Labs, Inc. v. CrowdStrike, Inc., et al, an antitrust litigation in the Northern District of California and filed by plaintiff NSS Labs, a cybersecurity testing vendor. Plaintiff alleges refusal to deal claims against Symantec and Crowdstrike, manufacturers of cybersecurity platform products known as endpoint protection products, other testing vendors, and the Anti-Malware Testing Standards Organization. On August 13, 2019, notwithstanding an amicus brief from the DOJ, Judge Freeman granted defendants’ motion to dismiss. NSS did not replead.
- Represented Hebei Welcome Pharmaceutical and North China Pharmaceutical Group (NCPG) in the closely watched case concerning vitamin C exported from China. Wilson Sonsini successfully persuaded the Second Circuit to overturn a $150 million judgment against Hebei and NCPG. When the Supreme Court later took the appeal, Wilson Sonsini filed the respondents’ brief and argued before the Court. After the case was remanded to the Second Circuit, Wilson Sonsini briefed and argued the appeal again, and the court again overturned the judgment. The plaintiffs tried the Supreme Court again, but the Court denied certiorari.
- Represent Hitachi and two subsidiaries in follow-on litigation relating to a price-fixing investigation by DOJ. Wilson Sonsini has successfully guided Hitachi through complex strategic decisions raised by the parallel nature of the ongoing criminal investigations and civil litigation and negotiated favorable settlements with the class plaintiffs and numerous opt-out plaintiffs. Wilson Sonsini continues to represent Hitachi against a small number of opt-out plaintiffs, with motions for summary judgment to be filed in 2019.
- Represent Walgreens in a consolidated class action litigation regarding 1-800 CONTACTS’ allegedly unlawful search advertising bidding agreements. Plaintiffs allege that some of those agreements between Walgreens (and its former subsidiary Vision Direct) and 1-800 CONTACTS, entered into in order to settle trademark litigation, unlawfully caused the prices of contact lenses sold online to increase.
- Defended Transitions in a long-running litigation in which class action plaintiffs and a competitor-plaintiff alleged that Transitions engaged in unlawful exclusive dealing and a refusal to deal. Wilson Sonsini successfully represented Transitions in defeating class certification in the Multi-District Litigation (MDL). The competitor-plaintiff Vision-Ease’s refusal to deal claims were dismissed in the District of Delaware, and the parties settled the remaining claims.
- Represented Netflix in a major victory in the Ninth Circuit, which affirmed the dismissal of all claims by a class of subscribers that accused Netflix of conspiring with Walmart to illegally allocate and monopolize the online DVD rental market. Wilson Sonsini also successfully obtained a dismissal of claims by Blockbuster subscribers that they were allegedly harmed by indirect effects of the same conduct.
- Secured the dismissal of antitrust claims brought against Live Nation by a rival concert promoter and venue operator It’s My Party. Plaintiff claimed that Live Nation had engaged in anticompetitive tying of promotion and venue services in order to monopolize the market for concert promotion. After the lower court granted Live Nation’s motion for summary judgment, Wilson Sonsini also fended off plaintiff’s appeal to the Fourth Circuit.
- Defended Live Nation in a case brought by classes of concertgoers alleging that the company had monopolized a market for live rock concerts. Wilson Sonsini defeated class certification, and the district court’s ruling was affirmed by the Second Circuit. Wilson Sonsini then secured dismissal of claims brought by concertgoers from two cities, resulting in all plaintiffs dismissing their claims.
Rep. Litigation Matters
Litigation
- Successfully defended against Google litigations filed by KinderStart, Person, TradeComet, and MyTriggers. In each case the plaintiffs challenged Google's Search rankings and AdWords quality score adjustments as acts of monopolization, and all were dismissed.
- Successfully defended Google in ongoing antitrust and contract litigation pending in the Northern District of California filed by Dreamstime, a stock photo website. Dreamstime alleged that Google reduced its rankings and entered into promotional deals with other stock photo websites, including Getty and Shutterstock, which favored those sites. In its January 28, 2019 Order, the court dismissed these claims with prejudice, holding that the alleged “mistreatment of Dreamstime as a customer of Google... even by a monopolist, does not necessarily reduce competition in the relevant market.”
- Represent Mylan in high-stakes civil litigations as both a plaintiff and a defendant.
- Represented pharmaceutical company Amphastar in related antitrust and patent cases that were resolved in a global settlement after a successful First Circuit appeal. In June 2019, Amphastar announced that it has entered into a settlement agreement with Momenta/Sandoz, under which Momenta and Sandoz agreed to pay Amphastar $59.9 million.
- Represent Symantec in NSS Labs, Inc. v. CrowdStrike, Inc., et al, an antitrust litigation in the Northern District of California and filed by plaintiff NSS Labs, a cybersecurity testing vendor. Plaintiff alleges refusal to deal claims against Symantec and Crowdstrike, manufacturers of cybersecurity platform products known as endpoint protection products, other testing vendors, and the Anti-Malware Testing Standards Organization. On August 13, 2019, notwithstanding an amicus brief from the DOJ, Judge Freeman granted defendants’ motion to dismiss. NSS did not replead.
- Represented Hebei Welcome Pharmaceutical and North China Pharmaceutical Group (NCPG) in the closely watched case concerning vitamin C exported from China. Wilson Sonsini successfully persuaded the Second Circuit to overturn a $150 million judgment against Hebei and NCPG. When the Supreme Court later took the appeal, Wilson Sonsini filed the respondents’ brief and argued before the Court. After the case was remanded to the Second Circuit, Wilson Sonsini briefed and argued the appeal again, and the court again overturned the judgment. The plaintiffs tried the Supreme Court again, but the Court denied certiorari.
- Represent Hitachi and two subsidiaries in follow-on litigation relating to a price-fixing investigation by DOJ. Wilson Sonsini has successfully guided Hitachi through complex strategic decisions raised by the parallel nature of the ongoing criminal investigations and civil litigation and negotiated favorable settlements with the class plaintiffs and numerous opt-out plaintiffs. Wilson Sonsini continues to represent Hitachi against a small number of opt-out plaintiffs, with motions for summary judgment to be filed in 2019.
- Represent Walgreens in a consolidated class action litigation regarding 1-800 CONTACTS’ allegedly unlawful search advertising bidding agreements. Plaintiffs allege that some of those agreements between Walgreens (and its former subsidiary Vision Direct) and 1-800 CONTACTS, entered into in order to settle trademark litigation, unlawfully caused the prices of contact lenses sold online to increase.
- Defended Transitions in a long-running litigation in which class action plaintiffs and a competitor-plaintiff alleged that Transitions engaged in unlawful exclusive dealing and a refusal to deal. Wilson Sonsini successfully represented Transitions in defeating class certification in the Multi-District Litigation (MDL). The competitor-plaintiff Vision-Ease’s refusal to deal claims were dismissed in the District of Delaware, and the parties settled the remaining claims.
- Represented Netflix in a major victory in the Ninth Circuit, which affirmed the dismissal of all claims by a class of subscribers that accused Netflix of conspiring with Walmart to illegally allocate and monopolize the online DVD rental market. Wilson Sonsini also successfully obtained a dismissal of claims by Blockbuster subscribers that they were allegedly harmed by indirect effects of the same conduct.
- Secured the dismissal of antitrust claims brought against Live Nation by a rival concert promoter and venue operator It’s My Party. Plaintiff claimed that Live Nation had engaged in anticompetitive tying of promotion and venue services in order to monopolize the market for concert promotion. After the lower court granted Live Nation’s motion for summary judgment, Wilson Sonsini also fended off plaintiff’s appeal to the Fourth Circuit.
- Defended Live Nation in a case brought by classes of concertgoers alleging that the company had monopolized a market for live rock concerts. Wilson Sonsini defeated class certification, and the district court’s ruling was affirmed by the Second Circuit. Wilson Sonsini then secured dismissal of claims brought by concertgoers from two cities, resulting in all plaintiffs dismissing their claims.
Mergers
- Represented Poly in its $3.3 billion acquisition by HP. The transaction combined the collaboration technology company with a multinational information technology company. The deal was unconditionally cleared by regulators in the U.S., China, Columbia, Mexico, and by the European Commission. While COFECE cleared the deal unconditionally, it levied a gun-jumping file against the parties, triggering a jurisdictional dispute between the IFT and COFECE, which had to be resolved by the court.
- Represented Mandiant in its $5.4 billion acquisition by Google. The transaction was investigated by the DOJ and was subject to a Second Request before clearance. The acquisition combined the internet giant's existing security portfolio with Mandiant's cybersecurity and threat intelligence capabilities.
- Represented Bungie in its $3.6 billion acquisition by Sony. The FTC reportedly investigated the deal over concerns that Sony would foreclose rivals by making Bungie’s content exclusive to PlayStation. But under the merger agreement, Bungie would continue to retain the “ability to self-publish and reach players wherever they choose to play.” The acquisition was subject to a Second Request before clearance.
- Represented ForgeRock in connection with its successful $2.3 billion acquisition by Thoma Bravo. The transaction combined ForgeRock’s identity security platform with Thoma Bravo’s portfolio company Ping Identity. The acquisition was subject to a DOJ Second Request before clearance.
- Represented Altera in its acquisition by Intel, an all-cash transaction valued around $16.7 billion. The transaction combined Intel's semiconductor manufacturing processes with Altera's FPGA technology. The deal was subject to investigations by the FTC, the European Commission, and China’s Ministry of Commerce, and was cleared unconditionally by the DOJ.
- Wilson Sonsini has represented Google on antitrust matters in all of its major transactions, each of which has been subject to significant antitrust scrutiny, including:
- Google’s $3.1 billion acquisition of DoubleClick, one of the leaders in the online advertisement-serving business. When the deal was announced, public advocates and others said the transaction would create “extreme market concentration.” Wilson Sonsini convinced the FTC that, in fact, the companies were in different complementary spaces, and the transaction was cleared.
- Represented Google in its acquisition of ITA Software, a major source of information about airfares used by airlines, travel agents, and Google’s competitors. When the transaction was announced, the travel industry reportedly was “...worried that Google could end up wielding too much influence in the sector.” Nonetheless, DOJ cleared the transaction within eight months, subject to a condition that only required licensing of ITA software on a nondiscriminatory basis.
- Represented Deutsche Telekom, T-Mobile’s parent company, in T-Mobile’s merger with Sprint, which was completed on April 1, 2020. The transaction is one of the largest telecommunications deals in history, creating “The New T-Mobile” with an enterprise value of approximately $146 billion and more than 125 million customers. The completion of the transaction represents the successful culmination of a multi-year process involving multiple in-depth reviews by federal and state regulatory authorities.
- Represented Careem in its $3.1 billion acquisition by Uber. A pioneer in the Middle East's ride-hailing economy, Careem operated in 15 countries in the greater Middle East region at the time the transaction was announced and the company was expanding services across its platform to include mass transportation, delivery, and payments.
- Represented Trulia in its $3.5 billion acquisition by Zillow, a transaction that combined the two leading real estate listing portals. At the time the transaction was announced, the companies reportedly had a combined 61 percent share traffic for online home listings, and were described as “dominant.” Wilson Sonsini successfully convinced the FTC to clear the transaction within six months of the deal announcement.
- Defended Qualcomm against a $105 billion takeover attempt by Broadcom. The transaction would have been the largest technology merger in history and faced significant antitrust scrutiny in the U.S., China, the EC, and other jurisdictions. Wilson Sonsini worked with Qualcomm to secure the necessary regulatory commitments and protections to guard against the uncertainty raised by the proposed acquisition, and devised a strategy to protect the company from a prolonged and uncertain regulatory review.
- Represented Seagate Technology in its $1.4 billion acquisition of the hard-disk-drive (HDD) business of Samsung Electronics, a transaction that combined two of the world's largest HDD manufacturers. The transaction, which had worldwide implications, was reviewed by more than 12 jurisdictions and received significant scrutiny from the FTC, the European Commission, and China's Ministry of Foreign Commerce.
- Represented Tractor Supply Co. in its $320 million acquisition of Orscheln Farm & Home stores. The transition was closed after clearance from the FTC, in which Tractor Supply Co. will sell a portion of the acquired stores. The store locations retained are to be refitted to Tractor Supply branding, expanding the company's regional reach across the Midwest.
- Represented Price Chopper Supermarket in its merger with Tops Friendly Markets. The deal increased the footprint of the two supermarket chains to approximately 300 store locations. The merger allowed for the companies to maintain separate branding while overseen by a new parent company.
- Represented Southeastern Grocers in connection with the sale of 62 of its stores to Ahold Delhaize in a transaction second requested by the FTC, and investigated closely by several State Attorneys General, including from North Carolina, South Carolina, and Georgia. The transaction cleared without any remedy, even though the consolidation resulted in markets concentrating far more substantially than previously had been allowed by the FTC. Wilson Sonsini convinced the FTC to consider far more product markets than traditional grocers, which had been the standard in all previous reviews.
- Represented Lucky’s Market, a Colorado-based natural and organic supermarket chain that operates 17 stores in 13 states, in a strategic partnership with, and investment by, Kroger. Wilson Sonsini facilitated the development of complicated governance and distribution provisions that required antitrust counseling and creative solutions to significant business concerns.
- Represented Associated Wholesale Grocers (AWG) and Affiliated Foods Midwest Cooperative (AFM) in a merger of the two leading retailer-owned cooperatives. Despite significant geographic overlaps in the Midwest, Wilson Sonsini successfully argued that the merger would allow its member customers to benefit from additional scale and buying power.
- Advised The Food Partners’ and Indiana Grocery Group’s bid in a bankruptcy auction of 20 Strack & Van Til stores in the Midwest. Indiana Grocery Group was awarded the winning bid in the auction, unseating Albertsons’ (Jewel-Osco) stalking horse bid and allowing the region’s largest and best known independent supermarket chain to remain under the original owners’ control. The critical aspect of o the bankruptcy court not to accept Albertson’s bid.
Rep. Merger Matters
Mergers
- Represented Poly in its $3.3 billion acquisition by HP. The transaction combined the collaboration technology company with a multinational information technology company. The deal was unconditionally cleared by regulators in the U.S., China, Columbia, Mexico, and by the European Commission. While COFECE cleared the deal unconditionally, it levied a gun-jumping file against the parties, triggering a jurisdictional dispute between the IFT and COFECE, which had to be resolved by the court.
- Represented Mandiant in its $5.4 billion acquisition by Google. The transaction was investigated by the DOJ and was subject to a Second Request before clearance. The acquisition combined the internet giant's existing security portfolio with Mandiant's cybersecurity and threat intelligence capabilities.
- Represented Bungie in its $3.6 billion acquisition by Sony. The FTC reportedly investigated the deal over concerns that Sony would foreclose rivals by making Bungie’s content exclusive to PlayStation. But under the merger agreement, Bungie would continue to retain the “ability to self-publish and reach players wherever they choose to play.” The acquisition was subject to a Second Request before clearance.
- Represented ForgeRock in connection with its successful $2.3 billion acquisition by Thoma Bravo. The transaction combined ForgeRock’s identity security platform with Thoma Bravo’s portfolio company Ping Identity. The acquisition was subject to a DOJ Second Request before clearance.
- Represented Altera in its acquisition by Intel, an all-cash transaction valued around $16.7 billion. The transaction combined Intel's semiconductor manufacturing processes with Altera's FPGA technology. The deal was subject to investigations by the FTC, the European Commission, and China’s Ministry of Commerce, and was cleared unconditionally by the DOJ.
- Wilson Sonsini has represented Google on antitrust matters in all of its major transactions, each of which has been subject to significant antitrust scrutiny, including:
- Google’s $3.1 billion acquisition of DoubleClick, one of the leaders in the online advertisement-serving business. When the deal was announced, public advocates and others said the transaction would create “extreme market concentration.” Wilson Sonsini convinced the FTC that, in fact, the companies were in different complementary spaces, and the transaction was cleared.
- Represented Google in its acquisition of ITA Software, a major source of information about airfares used by airlines, travel agents, and Google’s competitors. When the transaction was announced, the travel industry reportedly was “...worried that Google could end up wielding too much influence in the sector.” Nonetheless, DOJ cleared the transaction within eight months, subject to a condition that only required licensing of ITA software on a nondiscriminatory basis.
- Represented Deutsche Telekom, T-Mobile’s parent company, in T-Mobile’s merger with Sprint, which was completed on April 1, 2020. The transaction is one of the largest telecommunications deals in history, creating “The New T-Mobile” with an enterprise value of approximately $146 billion and more than 125 million customers. The completion of the transaction represents the successful culmination of a multi-year process involving multiple in-depth reviews by federal and state regulatory authorities.
- Represented Careem in its $3.1 billion acquisition by Uber. A pioneer in the Middle East's ride-hailing economy, Careem operated in 15 countries in the greater Middle East region at the time the transaction was announced and the company was expanding services across its platform to include mass transportation, delivery, and payments.
- Represented Trulia in its $3.5 billion acquisition by Zillow, a transaction that combined the two leading real estate listing portals. At the time the transaction was announced, the companies reportedly had a combined 61 percent share traffic for online home listings, and were described as “dominant.” Wilson Sonsini successfully convinced the FTC to clear the transaction within six months of the deal announcement.
- Defended Qualcomm against a $105 billion takeover attempt by Broadcom. The transaction would have been the largest technology merger in history and faced significant antitrust scrutiny in the U.S., China, the EC, and other jurisdictions. Wilson Sonsini worked with Qualcomm to secure the necessary regulatory commitments and protections to guard against the uncertainty raised by the proposed acquisition, and devised a strategy to protect the company from a prolonged and uncertain regulatory review.
- Represented Seagate Technology in its $1.4 billion acquisition of the hard-disk-drive (HDD) business of Samsung Electronics, a transaction that combined two of the world's largest HDD manufacturers. The transaction, which had worldwide implications, was reviewed by more than 12 jurisdictions and received significant scrutiny from the FTC, the European Commission, and China's Ministry of Foreign Commerce.
- Represented Tractor Supply Co. in its $320 million acquisition of Orscheln Farm & Home stores. The transition was closed after clearance from the FTC, in which Tractor Supply Co. will sell a portion of the acquired stores. The store locations retained are to be refitted to Tractor Supply branding, expanding the company's regional reach across the Midwest.
- Represented Price Chopper Supermarket in its merger with Tops Friendly Markets. The deal increased the footprint of the two supermarket chains to approximately 300 store locations. The merger allowed for the companies to maintain separate branding while overseen by a new parent company.
- Represented Southeastern Grocers in connection with the sale of 62 of its stores to Ahold Delhaize in a transaction second requested by the FTC, and investigated closely by several State Attorneys General, including from North Carolina, South Carolina, and Georgia. The transaction cleared without any remedy, even though the consolidation resulted in markets concentrating far more substantially than previously had been allowed by the FTC. Wilson Sonsini convinced the FTC to consider far more product markets than traditional grocers, which had been the standard in all previous reviews.
- Represented Lucky’s Market, a Colorado-based natural and organic supermarket chain that operates 17 stores in 13 states, in a strategic partnership with, and investment by, Kroger. Wilson Sonsini facilitated the development of complicated governance and distribution provisions that required antitrust counseling and creative solutions to significant business concerns.
- Represented Associated Wholesale Grocers (AWG) and Affiliated Foods Midwest Cooperative (AFM) in a merger of the two leading retailer-owned cooperatives. Despite significant geographic overlaps in the Midwest, Wilson Sonsini successfully argued that the merger would allow its member customers to benefit from additional scale and buying power.
- Advised The Food Partners’ and Indiana Grocery Group’s bid in a bankruptcy auction of 20 Strack & Van Til stores in the Midwest. Indiana Grocery Group was awarded the winning bid in the auction, unseating Albertsons’ (Jewel-Osco) stalking horse bid and allowing the region’s largest and best known independent supermarket chain to remain under the original owners’ control. The critical aspect of o the bankruptcy court not to accept Albertson’s bid.
Criminal Investigations
- Represented Hitachi Chemical Co., Ltd. in the DOJ’s criminal investigation in the supply of electrolytic capacitors. Wilson Sonsini successfully negotiated a resolution for the company to pay $3.8 million, which was the lowest fine imposed by DOJ in the investigation. Wilson Sonsini accomplished this despite the company being one of the largest companies under investigation. Notably, Wilson Sonsini negotiated this resolution before nearly every other company under investigation, resulting in significant savings and relieving the company of the burden of a long investigation.
- Represented a Japanese Auto Parts Company. Convinced DOJ to close its criminal investigation of the Japanese automotive parts manufacturer without taking any enforcement action against the company or any of its employees. Notably, DOJ’s investigation into the auto parts industry has resulted in more than $3 billion in fines imposed against other companies and more than 60 individuals being charged to date. DOJ’s investigation spans more than five years, and currently remains the largest criminal investigation. Wilson Sonsini achieved its successful result for the Japanese auto parts manufacturer in just over one year.
- Represented an aviation fuel supply company. Convinced DOJ not to bring criminal charges against an aviation fuel supply company in an investigation of potential fraud and collusion in the industry. The investigation was particularly notable given DOJ’s recent aggressive enforcement in the fuel supply industry. Wilson Sonsini was able to resolve the matter without any enforcement action against the company and its employees, all while minimizing the disruption that these investigations often have on day-to-day business operations.
- Represent one of the largest generic pharmaceutical companies in a multi-year, multi-agency criminal investigation. While many of the facts remain confidential, Wilson Sonsini has successfully convinced several agencies not to take enforcement action to date. The investigation remains one of the largest criminal antitrust investigations currently open at DOJ.
- Represent a large media technology company in a DOJ criminal investigation into certain hiring practices. Notably, this is one of the first criminal investigations following DOJ’s announcement that it will begin investigating potential “no-poach” and “wage-fixing” agreements as criminal antitrust violations.
- Represented a hardware technology company. Convinced the European Commission to close an investigation of potential collusion in the supply of certain hardware technologies for a large, multinational company. Notably, the European Commission started the investigation by conducting a three-day “dawn raid” (search) of the company’s multiple offices across Europe.
- Represented an executive of Alpha Corporation. Convinced DOJ not to bring criminal charges against a high-level executive of Alpha Corporation in DOJ’s criminal investigation of the auto parts industry, despite Alpha Corporation’s agreement to enter a guilty plea and pay a $9 million criminal fine. Notably, DOJ had recommended criminal charges against this executive, but Wilson Sonsini convinced the agency to reverse its decision.
- Successfully represented a high-level executive of K-Line in a criminal investigation into ocean shipping services for roll-on, roll-off cargo. Wilson Sonsini convinced DOJ not to bring criminal charges against the client, despite the client’s employer agreeing to enter a guilty plea and paying $67.7 million in fines. DOJ’s investigation has resulted in over $255 million in criminal fines, and the agency charged more than ten individuals to date.
- Successfully represented a former trader of foreign exchange currency through a five-year criminal investigation that resulted in no criminal sanctions or prosecution. The investigation spanned across six countries and over 10 different government agencies over the five years, with Wilson Sonsini serving as a lead counsel for the client in every aspect of the investigation. The result is particularly notable given that the investigation resulted in banks paying more than $10 billion in fines, and DOJ bringing criminal charges against several other individual traders.
- Successfully represented five current and former advertising executives in a multi-year criminal investigation that resulted in no charges against these individuals. The DOJ investigation, which was reported on by the Wall Street Journal and other press, involved allegations of fraud and collusion in the bidding on broadcast and other commercial advertising projects.
Rep. Criminal Investigations
Criminal Investigations
- Represented Hitachi Chemical Co., Ltd. in the DOJ’s criminal investigation in the supply of electrolytic capacitors. Wilson Sonsini successfully negotiated a resolution for the company to pay $3.8 million, which was the lowest fine imposed by DOJ in the investigation. Wilson Sonsini accomplished this despite the company being one of the largest companies under investigation. Notably, Wilson Sonsini negotiated this resolution before nearly every other company under investigation, resulting in significant savings and relieving the company of the burden of a long investigation.
- Represented a Japanese Auto Parts Company. Convinced DOJ to close its criminal investigation of the Japanese automotive parts manufacturer without taking any enforcement action against the company or any of its employees. Notably, DOJ’s investigation into the auto parts industry has resulted in more than $3 billion in fines imposed against other companies and more than 60 individuals being charged to date. DOJ’s investigation spans more than five years, and currently remains the largest criminal investigation. Wilson Sonsini achieved its successful result for the Japanese auto parts manufacturer in just over one year.
- Represented an aviation fuel supply company. Convinced DOJ not to bring criminal charges against an aviation fuel supply company in an investigation of potential fraud and collusion in the industry. The investigation was particularly notable given DOJ’s recent aggressive enforcement in the fuel supply industry. Wilson Sonsini was able to resolve the matter without any enforcement action against the company and its employees, all while minimizing the disruption that these investigations often have on day-to-day business operations.
- Represent one of the largest generic pharmaceutical companies in a multi-year, multi-agency criminal investigation. While many of the facts remain confidential, Wilson Sonsini has successfully convinced several agencies not to take enforcement action to date. The investigation remains one of the largest criminal antitrust investigations currently open at DOJ.
- Represent a large media technology company in a DOJ criminal investigation into certain hiring practices. Notably, this is one of the first criminal investigations following DOJ’s announcement that it will begin investigating potential “no-poach” and “wage-fixing” agreements as criminal antitrust violations.
- Represented a hardware technology company. Convinced the European Commission to close an investigation of potential collusion in the supply of certain hardware technologies for a large, multinational company. Notably, the European Commission started the investigation by conducting a three-day “dawn raid” (search) of the company’s multiple offices across Europe.
- Represented an executive of Alpha Corporation. Convinced DOJ not to bring criminal charges against a high-level executive of Alpha Corporation in DOJ’s criminal investigation of the auto parts industry, despite Alpha Corporation’s agreement to enter a guilty plea and pay a $9 million criminal fine. Notably, DOJ had recommended criminal charges against this executive, but Wilson Sonsini convinced the agency to reverse its decision.
- Successfully represented a high-level executive of K-Line in a criminal investigation into ocean shipping services for roll-on, roll-off cargo. Wilson Sonsini convinced DOJ not to bring criminal charges against the client, despite the client’s employer agreeing to enter a guilty plea and paying $67.7 million in fines. DOJ’s investigation has resulted in over $255 million in criminal fines, and the agency charged more than ten individuals to date.
- Successfully represented a former trader of foreign exchange currency through a five-year criminal investigation that resulted in no criminal sanctions or prosecution. The investigation spanned across six countries and over 10 different government agencies over the five years, with Wilson Sonsini serving as a lead counsel for the client in every aspect of the investigation. The result is particularly notable given that the investigation resulted in banks paying more than $10 billion in fines, and DOJ bringing criminal charges against several other individual traders.
- Successfully represented five current and former advertising executives in a multi-year criminal investigation that resulted in no charges against these individuals. The DOJ investigation, which was reported on by the Wall Street Journal and other press, involved allegations of fraud and collusion in the bidding on broadcast and other commercial advertising projects.
Civil Investigations
- Wilson Sonsini counsels and represents Google throughout the world on major investigations, including representations before the FTC, the European Commission, Brazil’s CADE, the Australian Competition and Consumer Commission (ACCC), the Competition Commission of India (CCI), and the Canadian Competition Bureau.
- Lead counsel in the FTC’s investigation into Google’s Search and Android practices, which successfully closed in 2013.
- Successfully represented Google in investigations around the world on issues related to Search, Search advertising and syndication, Display advertising, and Android.
- Counsel Google on antitrust product design issues relating to its flagship products and services, including Search, Android, and Assistant.
- Represented a major Internet infrastructure company in negotiations to amend a legacy agreement through which the Department of Commerce restricts certain aspects of the company’s business. Wilson Sonsini engaged in extensive advocacy before the Department of Commerce and DOJ to update them on recent market developments rendering these restrictions unnecessary. This advocacy led to the signing of an updated agreement, providing the company with significantly greater flexibility to conduct its business.
- Represented Vector Capital in connection with a DOJ investigation into claims that the company was involved in illegal club bidding with other private equity firms. The DOJ closed the investigation taking no action against the company. Wilson Sonsini also successfully defended Vector Capital in connection with a private lawsuit alleging the same facts, and the firm secured complete dismissal of the complaint, even where other, similarly situated PE funds paid significant settlements in similar litigations.
- Represent a major semiconductor company in connection with the FTC’s challenge to business practices related to the company’s intellectual property portfolio. The FTC alleges that the company engaged in anticompetitive conduct and unfair methods of competition in violation of Section 5 of the FTC Act. The allegations include conditioning the supply of baseband processors on the purchaser first agreeing to a license to the company’s standard-essential patents, paying incentives to purchasers of baseband processors to induce them to accept certain license terms, refusing to license its standard-essential patents to the company’s competitors and entering into alleged exclusive dealing arrangements.
- Represented TD Ameritrade in connection with a multi-state investigation into claims that the company and other online brokers engaged in an illegal group boycott. The investigation was closed with no action taken against the company.
- Represent a music streaming service company currently involved with the DOJ’s review and potential modification of the ASCAP and BMI decrees. Wilson Sonsini has represented the company in parallel private litigation raising similar issues.
- Represented multiple companies in connection with DOJ investigations into alleged agreements not to solicit employees from other technology companies in Silicon Valley. This has been the most active area of antitrust enforcement for DOJ, and to date, no Wilson Sonsini client has been fined or otherwise found liable, notwithstanding the numerous instances where DOJ has brought a challenge to such conduct.
- Represented American Express, the primary third party in the government’s case against Visa and Mastercard for price fixing, market allocation, and monopolization.
- Represented Netscape, one of the primary third parties in the government’s investigation of Microsoft for unlawful monopolization. Wilson Sonsini drafted the white paper that assisted the government in its analysis of challenged conduct.
- Successfully defended VISX in a precedent-setting case by the FTC alleging that VISX and its competitor unlawfully pooled their patents for purposes of monopolizing the market for laser-eye correction techniques, and that VISX obtained its key patent through inequitable conduct before the PTO.
Rep. Civil Investigations
Civil Investigations
- Wilson Sonsini counsels and represents Google throughout the world on major investigations, including representations before the FTC, the European Commission, Brazil’s CADE, the Australian Competition and Consumer Commission (ACCC), the Competition Commission of India (CCI), and the Canadian Competition Bureau.
- Lead counsel in the FTC’s investigation into Google’s Search and Android practices, which successfully closed in 2013.
- Successfully represented Google in investigations around the world on issues related to Search, Search advertising and syndication, Display advertising, and Android.
- Counsel Google on antitrust product design issues relating to its flagship products and services, including Search, Android, and Assistant.
- Represented a major Internet infrastructure company in negotiations to amend a legacy agreement through which the Department of Commerce restricts certain aspects of the company’s business. Wilson Sonsini engaged in extensive advocacy before the Department of Commerce and DOJ to update them on recent market developments rendering these restrictions unnecessary. This advocacy led to the signing of an updated agreement, providing the company with significantly greater flexibility to conduct its business.
- Represented Vector Capital in connection with a DOJ investigation into claims that the company was involved in illegal club bidding with other private equity firms. The DOJ closed the investigation taking no action against the company. Wilson Sonsini also successfully defended Vector Capital in connection with a private lawsuit alleging the same facts, and the firm secured complete dismissal of the complaint, even where other, similarly situated PE funds paid significant settlements in similar litigations.
- Represent a major semiconductor company in connection with the FTC’s challenge to business practices related to the company’s intellectual property portfolio. The FTC alleges that the company engaged in anticompetitive conduct and unfair methods of competition in violation of Section 5 of the FTC Act. The allegations include conditioning the supply of baseband processors on the purchaser first agreeing to a license to the company’s standard-essential patents, paying incentives to purchasers of baseband processors to induce them to accept certain license terms, refusing to license its standard-essential patents to the company’s competitors and entering into alleged exclusive dealing arrangements.
- Represented TD Ameritrade in connection with a multi-state investigation into claims that the company and other online brokers engaged in an illegal group boycott. The investigation was closed with no action taken against the company.
- Represent a music streaming service company currently involved with the DOJ’s review and potential modification of the ASCAP and BMI decrees. Wilson Sonsini has represented the company in parallel private litigation raising similar issues.
- Represented multiple companies in connection with DOJ investigations into alleged agreements not to solicit employees from other technology companies in Silicon Valley. This has been the most active area of antitrust enforcement for DOJ, and to date, no Wilson Sonsini client has been fined or otherwise found liable, notwithstanding the numerous instances where DOJ has brought a challenge to such conduct.
- Represented American Express, the primary third party in the government’s case against Visa and Mastercard for price fixing, market allocation, and monopolization.
- Represented Netscape, one of the primary third parties in the government’s investigation of Microsoft for unlawful monopolization. Wilson Sonsini drafted the white paper that assisted the government in its analysis of challenged conduct.
- Successfully defended VISX in a precedent-setting case by the FTC alleging that VISX and its competitor unlawfully pooled their patents for purposes of monopolizing the market for laser-eye correction techniques, and that VISX obtained its key patent through inequitable conduct before the PTO.
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Mikaela Evans-Aziz and Jonathan Jacobson, "Fundamentals of Antitrust Law," February 11, 2022 Brent Snyder and Karen Sharp, "Criminal Antitrust Investigations," February 9, 2022 Kenneth O'Rourke and Allison Smith, "Antitrust Litigation," February 9, 2022 |
Video
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Mikaela Evans-Aziz and Jonathan Jacobson, "Fundamentals of Antitrust Law," February 11, 2022 Brent Snyder and Karen Sharp, "Criminal Antitrust Investigations," February 9, 2022 Kenneth O'Rourke and Allison Smith, "Antitrust Litigation," February 9, 2022 |
Recent Insights
Alerts
New York Legislature Passes Ban on Personalized Pricing
Last week, the New York State Legislature passed the One Fair Price Act (S.8623B/A.9349B) (the Act), a bill that prohibits businesses from using personal data—such as purchase history, browsing history, real-time location, income, or inferred household size—to generate individual prices for consumers. While the Act bans so-called “surveillance pricing,” or personalized pricing, companies may still use “dynamic pricing” algorithms, subject to a modified disclosure requirement, so long as the algorithm does not set prices based on consumer personal data. The bill now awaits the signature of Governor Kathy Hochul, who has until December 31, 2026, to act.
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Client Highlights
Wilson Sonsini Advises Credo on Regulatory Matters Related to Acquisition of DustPhotonics
On May 28, 2026, Credo Technology Group Holding Ltd (Credo), an innovator in providing connectivity at scale through fast, reliable, and energy-efficient system solutions, announced that it has completed its acquisition of DustPhotonics in a transaction valued up to $1.3 billion. DustPhotonics brings industry-leading silicon photonics photonic integrated circuit (SiPho PIC) technology for optical connectivity, deepening Credo’s optical interconnect portfolio across 800G, 1.6T, and 3.2T near-packaged optics (NPO) and co-packaged optics (CPO). Wilson Sonsini Goodrich & Rosati advised Credo on regulatory matters related to the transaction.
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Recent Events
Speaking Engagements
Big Tech on Trial: Navigating Section 2 Monopolization Cases in the Digital Economy
Wilson Sonsini partner and former senior DOJ Antitrust Division litigation counsel Julia Tarver Wood will lead the CLE webinar titled "Big Tech on Trial: Navigating Section 2 Monopolization Cases in the Digital Economy."
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Alerts
2025 Year in Preview: Pending Decisions at the U.S. Antitrust Agencies
President Trump has chosen Gail Slater to lead the U.S. Department of Justice (DOJ) Antitrust Division and elevated Commissioner Andrew Ferguson to chair the U.S. Federal Trade Commission (FTC). In this second installment of the Wilson Sonsini Antitrust and Competition practice 2025 Year in Preview four-part series, we review the DOJ and FTC litigations, investigations, and policy decisions they will inherit, focusing on matters where we think a change in direction is most likely. In an appendix, we include all publicly known agency decisions that are pending as of Inauguration Day.
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