Roxann Henry is a partner in the Global Antitrust Law Practice Group. With over 30 years of antitrust practice, she has extensive experience in all aspects of antitrust, including criminal defense, treble damage litigation and merger and non-merger investigations.
Ms. Henry has appeared before federal and state courts, the Federal Trade Commission (FTC), every regional office of the Antitrust Division of the U.S. Department of Justice (DOJ), state attorneys general and a variety of overseas authorities, including the staff of the European Commission and Canadian Competition Bureau. At the invitation of the Department of Justice and Federal Trade Commission, Ms. Henry serves as a Non-Governmental Advisor to the International Competition Network (ICN), an organization of more than 100 competition agencies from around the world that works to address antitrust enforcement and policy issues. Her experience spans with a wide range of industries, including telecommunications, life sciences, aerospace and defense, healthcare, construction, information and social networking technologies, mining, industrial and component products, transportation services, petroleum, specialty chemicals, financial services and food and consumer products.
Ms. Henry routinely represents clients in antitrust grand jury investigations, including international cartel matters, coordinating worldwide defenses of multiple criminal, civil and administrative actions. She has represented individuals, closely held companies and large corporate industry leaders in the U.S. and abroad and, when necessary, has vindicated clients as lead counsel at trial.
Ms. Henry won a rare corporate not-guilty jury verdict in a criminal antitrust trial and won the first court victory in over a decade against an FTC non-healthcare merger challenge. She has served as lead counsel in various complex civil commercial disputes, including antitrust, RICO, contract and tort claims, and provides antitrust and trade practices counseling and merger antitrust clearances.
Ms. Henry currently serves as Chair Elect of the Antitrust Section of the American Bar Association (ABA) and has previously served as International Officer, Program Officer, co-chair of the Spring Meeting, and council member. She is a frequent speaker on antitrust issues.
According to Chambers USA, clients describe Ms. Henry as “an attorney who should be a top-pick for both merger and cartel work... her impeccable judgment, tremendous insight and experience all make her a very effective antitrust lawyer.” Ms. Henry is also recommended by Global Competition Review’s International Who’s Who of Competition Lawyers & Economists 2014, and was recently named one of Washington DC’s Top 50 Women Lawyers.
Ms. Henry received her A.B. from Vassar College in 1975, and her J.D. cum laude from Rutgers University School of Law in 1978 where she was the articles editor of the Rutgers Law Journal. She completed a Leadership Course from Harvard Business School in 2007. She is admitted as an attorney in District of Columbia, New Jersey and Pennsylvania.
Representative Matters Include:
- Arch Coal's Acquisition of Triton
With the first court win in over a decade against an FTC merger challenge in a non-healthcare case, gained clearance for Arch Coal to buy the North Rochelle mine and create the largest U.S. coal mine.
- Criminal Antitrust/Trial Victory
Secured one of the rare corporate not-guilty verdicts after a full criminal antitrust trial.
Represented clients in well over 50 antitrust grand jury proceedings spanning every regional office and the Washington, D.C. section of the DoJ Antitrust Division. Representation in criminal matters has encompassed a wide array of industries and included Fortune 100 and closely held corporations, domestic and international, as well as individuals.
- Ashland Inc.
Successfully defended Ashland Inc. against a preliminary injunction motion to stop the $300 million sale of its Electronic Chemicals Division. The allegations included breach of contract and tortious interference. The Delaware Chancery Court ruled in Ashland's favor from the bench after full, expedited discovery.
- Nestlé Acquisitions
Representative acquisitions include obtaining FTC clearance for Nestlé in its $40 billion sale of Alcon stock to Novartis in 2010 and its acquisitions of Gerber ($5.5 billion) and Novartis Medical Nutrition Business ($2.5 billion) in 2007, of Dreyer’s Ice Cream ($2.8 billion) in 2003, and of Ralston Purina ($11 billion) in 2002.
- EDS Merger into Hewlett-Packard
Represented EDS in this $14 billion merger.