Megan E. Gerking

Partner | Washington D.C.

mgerking@mofo.com | (202) 887-6948

mgerking@mofo.com
(202) 887-6948

Megan E. Gerking is a partner in Morrison & Foerster’s Global Antitrust Law Practice, where she specializes in government-facing antitrust matters. Megan represents companies in criminal and civil conduct investigations before the U.S. Department of Justice (DOJ) Antitrust Division, Federal Trade Commission (FTC), and state enforcers, and in all phases of the merger review process before U.S. and foreign competition authorities.

Megan previously served as a trial attorney in the DOJ’s Antitrust Division, where she investigated and prosecuted federal antitrust violations and international cartel cases. While at the Antitrust Division, she prosecuted the first individual extradited to the U.S. on an antitrust charge. For her work investigating and prosecuting international price-fixing, bid-rigging, and market-allocation conspiracies by automotive-parts suppliers, Megan earned the Assistant Attorney General’s Award for Distinguished Service.

Megan currently advises clients in complex antitrust law matters, including government investigations, strategic transactions, and civil litigation. Megan regularly counsels clients on antitrust issues arising from industry consortium, trade association activities, and other collaborations. As part of Megan’s merger practice, she regularly helps clients assess and comply with obligations under the HSR Act and before other jurisdictions around the world. Megan leverages her DOJ experience in the review, development, and implementation of her clients’ antitrust compliance programs and routinely delivers antitrust compliance training for employees.

Megan has experience representing clients across a broad range of industries, including media, telecom, technology and software, financial services, consumer products, aviation, higher education, manufacturing, agriculture, and life sciences. Megan also defends clients in complex federal antitrust and commercial litigation.

Megan is currently an editor of ABA magazine The Antitrust Source. Megan received her J.D. cum laude from Georgetown University Law Center where she served on the editorial board for The Tax Lawyer. She received a B.A. in Economics and Political Science from the University of Michigan.

While a trial attorney in the DOJ Antitrust Division, Megan received from the Attorney General the DOJ’s Outstanding Mentor Award.

Before attending law school, Megan worked in the DOJ’s Office of Public Affairs, where she assisted the Assistant Attorney General of the Antitrust Division in all media matters and served as a spokesperson with national media. She also worked as a paralegal for the Antitrust Division, supporting trial attorneys investigating and prosecuting corporations and individuals for violations of the criminal antitrust laws.

Representative Experience

Criminal and Civil Antitrust Investigations
  • Healthcare company in criminal investigation.
  • Energy company in criminal investigation.
  • Obtained non-prosecution agreement for senior executive in criminal investigation into market allocation and bid rigging of generic drugs by the DOJ.
  • Technology company in FTC monopolization investigation.
  • PE fund in state AG investigation.
  • Senior executive in international criminal cartel investigation.
  • Obtained non-prosecution agreement for senior executive in criminal investigation into conduct related to hiring of employees.
Antitrust Merger Review
  • Continental Building Products in securing antitrust approvals for its sale to Saint-Gobain. The transaction cleared without a “second request” investigation.
  • The Walt Disney Company in its $71 billion acquisition of certain businesses of 21st Century Fox.
  • Nouryon as a third party witness in FTC litigation challenge of transaction between Evonik and PeroxyChem.
  • Canadian aircraft manufacturer Bombardier regarding the worldwide antitrust clearance of its sale of a controlling interest in the “C Series” line of commercial passenger jets to Airbus.  The transaction cleared without any second-phase reviews.
  • Represented third parties in CID responses.
  • Corporate clients on antitrust issues of complex transactions, including collaborations, joint ventures, acquisitions, and mergers.
Antitrust Litigation
  • Nexstar in federal antitrust litigation alleging price fixing on television advertising.
  • A leading international financial institution, in multiple, sprawling class action lawsuits alleging a global conspiracy by some of the world’s largest banks to manipulate the interbank offer rate (IBOR) benchmark for multiple currencies. 
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