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 focuses on government-facing antitrust matters. Megan has extensive experience representing companies in civil and criminal antitrust government investigations before the U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and state enforcers, as well as in all phases of the merger review process before U.S. and foreign competition authorities.

She counsels clients on a variety of competition law issues, including antitrust compliance, trade association and industry consortium activities, joint conduct, mergers and acquisitions, licensing and distribution practices, and strategic advice to secure merger approval under the Hart-Scott-Rodino Act. She frequently works with clients to develop and administer antitrust compliance programs and routinely conducts compliance training for corporate employees. Megan has experience representing clients across a broad range of industries, including media, telecom, financial services, consumer products , aviation, higher education, manufacturing, agriculture, and life sciences. Megan has also defended clients in complex federal antitrust and commercial litigation.

Megan previously served as a trial attorney for 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. Megan earned the Assistant Attorney General’s Award for Distinguished Service for her work investigating and prosecuting international price-fixing, bid-rigging, and market-allocation conspiracies by automotive-parts suppliers. While at the DOJ, 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.

Megan is currently an editor of 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 her B.A. from the University of Michigan.

Representative Experience

  • Representing the largest U.S. local-TV station operator, in a civil Antitrust Division investigation and putative class action lawsuit.
  • Representing a major chemical company as a witness in FTC litigation challenge and trial.
  • Representation of a senior executive in a criminal DOJ investigation and related civil attorney general investigation and follow-on class action litigation, involving potential allegations of price-fixing, market allocation, and bid-rigging in the pharmaceutical generics industry. 
  • Representation of a senior executive of a publicly traded company in a DOJ criminal investigation related to no-poach agreements and potential violations under Section 1 of the Sherman Act. This criminal investigation is the first of its kind, arising out of the DOJ’s 2016 policy change to pursue no-poach agreements.
  • Represented an aircraft manufacturer in the worldwide antitrust clearance of its sale of a controlling interest in the “C Series” line of commercial passenger jets to a major airline company.   
  • Represented a major building materials company in securing antitrust approvals for its sale, leading and managing the company’s response to the DOJ’s requests for information and obtaining approval for the transaction.
  • Represented a leading multinational mass media and entertainment corporation in its high-profile acquisition of a multinational mass media corporation’s entertainment assets.
  • Represented 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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