Jacqueline Bos is a litigator with a focus on complex commercial and antitrust litigation, government and internal investigations, and regulatory work. 

Ms. Bos has represented companies in antitrust class-action litigation in the transport, media, technology, and banking industries. She has also represented companies that have received inquiries and grand jury subpoenae from the U.S., Australian, New Zealand, Mexican, and Brazilian antitrust regulators. She has drafted and negotiated white papers for regulators regarding substantial mergers and has prepared antitrust compliance programs.

Ms. Bos served as Executive Assistant to the Chairman at the Australian Competition & Consumer Commission (Australian Competition Regulator). In this role, she assisted with writing speeches, researching papers, and attending Commission meetings. She also served as the Project Officer at the Australian Competition & Consumer Commission, where she was assigned to the Enforcement and Adjudication branches.

Ms. Bos received her Bachelor of Economics and Bachelor of Laws degrees from the Australian National University in 1997. She received a certificate of International Studies from Keio University in Tokyo in 1993 on scholarship from the Japanese Department of Education, Monbusho. She also completed a U.S. Masters degree in law at Temple University’s Tokyo campus in 2002 while working at a Japanese law firm, Nagashima, Ohno & Tsunematsu. Ms. Bos is admitted to practice in California, New York, and Victoria, Australia.

Ms. Bos’s recent antitrust and investigation experience includes:

• Represent UPS in price-fixing multi-district litigation—LTL Shipping Services Antitrust Litigation, Case No. 08-1895, N.D. Ga. The LTL Shipping Services Antitrust Litigation is a multidistrict litigation involving allegations that nine trucking companies conspired to fix fuel surcharges imposed on less-than-truckload services. The complaint alleges that the defendants colluded between 2003 and 2007 and collectively received $24.218 billion in revenues in 2007. The motion to dismiss is pending.
• Represent UPS in monopolization litigation—Thermal Technologies, Inc. v. United Parcel Service, Inc., Case No. 08-102, N.D. Okla. This case involves defense of UPS against monopolization claims relating to its protection offered to ground shipments valued at up to $100. The plaintiff alleges that UPS has a dominant market share in excess of 70% of an alleged market for ground shipping of parcels.
• Represented a major consumer electronics company in multi-district antitrust litigation—In re TFT-LCD (Flat Panel) Antitrust Litigation, Case No. 07-1827, N.D. Cal. Our client was named in multiple complaints alleging that various manufacturers of flat panel screens had colluded on prices over ten years. Plaintiffs alleged that flat panel sales exceeded $100 million in 2007. We were successful in negotiating our client out of the case and they were ultimately not named in the consolidated complaint.
• Represented a major air cargo provider in multi-district antitrust litigation—In re Air Cargo Shipping Services Antitrust Litigation, Case No. 06-1775, E.D.N.Y. Our client was named in multiple complaints alleging that various air carriers had colluded to fix fuel and other surcharges. We were successful in negotiating our client out of the case and they were ultimately not named in the consolidated complaint.
• Represent a U.S.-based multinational public corporation in an internal investigation of alleged price-fixing practices in its Asian operations triggered by receipt of a grand jury subpoena. To date, although the investigation has been underway for two and a half years and numerous defendants have pled guilty, there has been no action taken against our client.
• Represent a U.S.-based multinational public corporation in an investigation of its business practices in Europe, Asia, Australasia, and North America in connection with a U.S. grand jury subpoena and related government investigations in Europe, New Zealand, and Asia. Took lead in responding to request for information from New Zealand regulatory authority. Matter is pending.
• Negotiated antitrust clearances globally for numerous transactions, including FEMSA Coca Cola Bottler’s acquisition of Latin American soft-drink bottler, Panamco, IBM’s acquisition of Rational Software, and merger of Ambev and Interbrew to create the world’s largest brewer, Inbev.
• Represented a Fortune 100 publishing company and large technology company to obtain antitrust clearance for proposed acquisitions in the U.S. The transactions were never consummated for commercial, non-antitrust reasons.

Ms. Bos’s publications and speaking engagements include:

• Strategic Issues for Prospective Litigants, Chapter in ABA Handbook on Antitrust Counterclaims (forthcoming July 2009)
• Increased DOJ Intervention to Stay Discovery in Civil Antitrust Litigation, 2008 A.B.A. Sec. Antitrust Lit. (forthcoming Nov. 2008) Parallel Civil and Criminal Proceedings: The Need to Stay Discovery, 3 White Collar Crime Rep. No. 6 (BNA) (Mar. 14, 2008)
• Developing Successful Strategies for International Cartel Investigations – February 2008 panel presentation in Tokyo and Osaka with Kazuhiko Takeshima, Chairman, Japan Fair Trade Commission, Hiroko Yamane, Professor, National Graduate Institute for Policy Studies, and Morrison & Foerster attorneys B. Lui, R. Gerrits, E. Illovsky, S. Freccero, and K. Amemiya.
• Parallel Civil and Criminal Proceedings: The Need to Stay Discovery, 94 Antitrust & Trade Reg. Rep. (BNA) 134 (Feb. 8, 2008)
• Antitrust Treatment of Cartels:  A Comparative Survey of Competition Law Exemptions in the U.S., the EU, Australia and Japan, 1 Wash. U. Global Stud. L. Rev. 415 (2002).
• Comparative Survey of Antitrust Cartel Exemptions – U.S., EU, Australia and Japan, in H. Iyori, et al., Competition Policy and Economic Development in APEC Nations (2002).