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Morrison Foerster Attorneys Re-Appointed to Leadership Positions in the ABA Antitrust Law Section

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Morrison Foerster is pleased to announce its attorneys’ continued selection to multiple leadership posts in the American Bar Association Antitrust Law Section, the nation’s leading community of antitrust, consumer protection and privacy professionals, for the 2023‒2024 term.

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Morrison Foerster is pleased to announce that eight of its attorneys have been appointed or retained multiple leadership roles with the American Bar Association (ABA) Antitrust Law Section for the 2023‒2024 term, including:<ul><li>Jeff Jaeckel continues to serve as a member of the Editorial Board of the Section’s Antitrust Magazine. Jeff is Morrison Foerster’s Vice Chair – he formerly served as Co-Chair of Morrison Foerster’s Global Antitrust Law Practice Group and as a member of the firm’s Board of Directors, and Co-Chair of the firm’s eDiscovery Task Force.</li><li>Alexander Okuliar continues to serve as Co-Chair of the Joint Conduct Committee and was appointed to serve as Co-Chair of the Section’s 2023 Fall Forum. Alex is Co-Chair of Morrison Foerster’s Global Antitrust Law Practice Group and previously served as the Deputy Assistant Attorney General for Civil Enforcement in the Department of Justice’s Antitrust Division. </li><li>Lisa Phelan continues to serve as Co-Chair of the International Cartel Task Force. Lisa is also Co-Chair of Morrison Foerster’s Global Antitrust Law Practice Group and is highly regarded by the bar, having previously served as Chief of the National Criminal Enforcement and Washington Criminal I Sections of the Antitrust Division of the Department of Justice. </li><li>Megan Gerking was appointed as an editor of the Section’s Antitrust Magazine – Digital Edition. Megan previously served as a trial attorney in the Department of Justice’s Antitrust Division, Washington Criminal I Section.</li><li>Bonnie Lau continues to serve as a Vice Chair of the Section’s Women Connected Committee. Co-head of Morrison Foerster’s San Francisco Litigation Department, Bonnie stands out among her peers for her continued devotion to promoting diversity and inclusion in the legal community. </li><li>David Shaw was appointed Co-Chair of the Section’s Exemptions and Immunities Committee. Prior to joining Morrison Foerster, David served as Deputy Chief of Staff and counsel to the Assistant Attorney General in the Antitrust Division of the Department of Justice. </li><li>Thomas DeMatteo was appointed to serve as a Young Lawyer Representative of the Federal Civil Enforcement Committee. Tom is an associate in Morrison Foerster’s Global Antitrust Law Practice Group and previously served as counsel to the Assistant Attorney General in the Department of Justice’s Antitrust Division. </li><li>Evan Harris was appointed to serve as a Young Lawyer Representative of the Agriculture & Food Committee. Evan is an associate in Morrison Foerster’s Global Antitrust Law Practice Group. </li></ul>The ABA’s Antitrust Law Section is the nation’s leading community of antitrust, consumer protection and privacy professionals in the nation. It provides relevant content, programming, and opportunities for professionals to advance policies that preserve competition and protect consumers. Attorneys at Morrison Foerster have a longstanding commitment to leadership in the Antitrust Law Section and look forward to forward to a successful 2023‒2024 term.

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Jeff has notable experience representing public and private corporations in connection with their most significant and complicated antitrust litigation in federal and state courts. He regularly represents clients in all antitrust aspects of complicated transactional matters, including strategy and structuring of transactions to avoid antitrust risk and achieve strategic business objectives, and U.S. and multinational merger notification and review. Jeff also represents domestic and international companies in connection with government investigations of conduct, including civil investigations relating to monopolization or criminal investigations of alleged price-fixing. Jeff also assists clients in the protection of their intellectual property and counsels clients on the antitrust ramifications of commercial agreements to capitalize on the value of intellectual property.Jeff represents clients across a range of industries, including pharmaceuticals and medical devices, semiconductors, software, Internet services, transportation, consumer products, telecommunications, and media and entertainment.In addition to his active practice, Jeff served as Morrison Foerster’s Vice Chair from, October 2022-December 2025. Jeff formerly served as co-chair of Morrison Foerster’s Global Antitrust Law Practice Group and as a member of the firm’s Board of Directors, and co-chair of the firm’s eDiscovery Task Force.Jeff serves as an associate editor of the Antitrust Magazine of the American Bar Association Antitrust Section. He graduated with honors and was a member of Omicron Delta Epsilon, the international honor society in Economics. He was a writing staff member for the Wisconsin Environmental Law Journal, and was elected to Order of the Coif.

Jeff Jaeckel

Partner

Alex Okuliar is Chair of Morrison Foerster’s Global Antitrust Law Practice Group. He served as the Deputy Assistant Attorney General for Civil Antitrust Enforcement at the U.S. Department of Justice during the first Trump Administration and, earlier in his career, as a trial attorney at DOJ and an advisor at the Federal Trade Commission. His practice includes merger reviews, litigation, and government investigations.“The ‘excellent’ Alex Okuliar has a broad practice taking in merger clearance, conduct investigations and antitrust litigation. He is particularly noted for his work on behalf of media and technology companies.” – Chambers USA, DC AntitrustAlex represents clients in lawsuits in federal and state courts around the United States. Described as “very smart” and “incredibly knowledgeable,” he has helped clients succeed in a wide range of cases, including class actions and private party disputes alleging price fixing, monopolization, group boycotts, market allocation, and tying. He and his team recently won Global Competition Review’s 2026 Litigation of the Year – Non-Cartel Prosecution for their representation of Avadel Pharmaceuticals in a monopolization case against another pharmaceutical company.He also regularly represents clients in merger and conduct investigations by the U.S. Department of Justice, the Federal Trade Commission, state Attorneys General, and foreign agencies, including the European Commission and the UK Competition and Markets Authority. He has guided clients through the complex global merger clearance process and litigated agency merger challenges through trial.Alex has notable federal agency senior leadership experience. He was appointed the Deputy Assistant Attorney General for Civil Enforcement in the DOJ Antitrust Division during the first Trump Administration and in that role oversaw more than 150 career staff, agency merger enforcement, and an industry-wide review of online platforms. He was also one of the principal architects and leaders of the agency’s landmark search monopolization case against Google (U.S. v. Google). Earlier in his career, Alex served as an attorney advisor to former FTC Commissioner Ohlhausen and a trial attorney in the Networks & Technology Enforcement Section of the Antitrust Division. Prior to his service as Deputy AAG, Alex was a partner at another international law firm.Alex is a thought leader and a frequent writer and speaker. He has edited or contributed to leading antitrust treatises and handbooks, including Antitrust Law Developments (7th edition), the Premerger Notification Practice Manual (3rd and 4th editions), and the Intellectual Property and Antitrust Handbook (2nd edition).Before law school, Alex co-founded and sold an online technology company.<h4>Representative Experience</h4><h5>Merger Review </h5>Alex has worked on nearly a thousand deals across many industry sectors over his roughly 25-year career. He has handled dozens of second requests and litigated merger cases through trial. Clients appreciate his in-depth knowledge of the federal agencies and the range and depth of his experience, particularly in technology markets. As one client noted in The Legal 500 U.S. Antitrust: Merger Control guide, “Alex Okuliar brings a deep knowledge of the law and economics of antitrust, and the ability to frame that knowledge within the unique circumstances of the digital economy.” Representative deals include:Agriculture, Food & Beverage<ul><li>AgroFresh Solutions in its acquisition of Pace International, a global provider of sustainable post-harvest solutions, equipment, and technical services, from Sumitomo Chemical.</li><li>Paine Schwartz Partners in multiple transactions in the agriculture technology and food space, including the recapitalization of Special New Fruit Licensing (SNFL), a table grape R&D company, as part of SNFL’s combination with IFG, and the investment by EQT into SNFL.</li><li>Sugar Foods Corporation in its sale to Pritzker Private Capital.</li></ul>Technology and Online Platforms<ul><li>Apigee, a cloud computing company, in its $625 million sale to Google.</li><li>AVG Technologies in its $1.3 billion sale to Avast Software, maker of antivirus and security software.</li><li>Cisco in multiple matters, including its $600 million acquisition of SD-WAN provider, Viptela.</li><li>Dupont Photomasks, a leading maker of semiconductor photomasks, in its roughly $650 million sale to Toppan Printing Co. Ltd., which closed after a Second Request investigation by the DOJ Antitrust Division.</li><li>Infineon Technologies AG in the sale of its HiRel DC-DC converter business to Micross Components, Inc.</li><li>Microsoft in many deals, including its $7.5 billion acquisition of GitHub, an AI-powered developer platform.</li><li>Molina Healthcare in the $231 million sale of its Medicaid management information systems business to DXC Technology.</li><li>Propel Media, an online advertising platform, in an FTC Second Request investigation and federal court and administration litigation related to its proposed acquisition by healthcare data company, IQVIA.</li><li>ShowingTime, a leading residential property technology company, in its $500 million sale to Zillow, which cleared successfully without conditions after a Second Request investigation by the FTC.</li><li>Uber in its multi-hundred-million-dollar investments in both Nuro, an American self-driving technology company and Lucid Group, Inc., a Silicon Valley-based technology company focused on creating the most advanced EVs in the world.</li><li>Unity Software Inc. in multiple transactions, including its all-stock $4.4 billion acquisition of app monetization platform and tool developer ironSource and the concurrent $1 billion PIPE investment by Silver Lake and Sequoia, and in response to the related $13.6 billion unsolicited acquisition proposal from AppLovin.</li></ul>Media, Entertainment & Telecommunications<ul><li>Hispanic Broadcasting Company in its $3 billion sale to Univision, which closed with a settlement after a year-long DOJ Second Request investigation.</li><li>Nexstar Media Group, one of the nation’s leading media companies and local television station owners, in achieving DOJ clearance of its $6.2 billion acquisition of Tegna Inc., an owner and operator of local television stations, and in subsequent litigation against several State AGs and a private party challenging the consummated deal.</li><li>Planet Labs, a satellite imagery and analytics company, in the acquisition of satellite company, Terra Bella Technologies, from Google.</li></ul>Energy, Infrastructure, and Industrials<ul><li>Axalta Coating Systems in its acquisition of U-POL Holdings Limited, a manufacturer of automotive repair and refinish products, for £428 million in cash (approximately US$590 million).</li><li>Advised Axalta Coating Systems on antitrust aspects of its approximately $285 million acquisition of The CoverFlexx Group, a provider of economy coatings for automotive refinish and aftermarket applications, from Transtar Holding Company.</li><li>Enterprise Products Partners in its $13 billion acquisition of GulfTerra, which closed with limited divestitures after an FTC Second Request investigation.</li><li>Enterprise Products Company (EPCO) and Dan L. Duncan in the FTC investigation related to EPCO and Duncan’s roughly $1.1 billion acquisition from Duke Energy of Texas Eastern Products Pipeline Company.</li><li>McGrath RentCorp. in its $400 million acquisition of Vesta Modular, a provider of temporary and permanent modular buildings, from Kinderhook Industries.</li><li>McGrath RentCorp. in its $200 million sale of Adler Tank Rentals to Ironclad Environmental Solutions.</li><li>McGrath RentCorp. in the FTC Second Request investigation of McGrath’s proposed $3.8 billion acquisition by WillScot Mobile Mini Holdings.</li><li>Meade Pipeline Co. in the $1.37 billion sale of its natural gas pipeline system to NextEra Energy Partners.</li><li>Nova Chemicals in its joint venture to build a $1.7 billion ethylene cracker and a polyethylene plant in Texas with Borealis and Total.</li><li>A private equity fund in the FTC investigation of the fund’s acquisition of a large North American plastics distribution business.</li><li>Schlumberger in the creation of Sensia, a joint venture with Rockwell Automation to develop and provide digital, integrated automation solutions for the oil and gas industry.</li><li>Superior Plus Corp., a leading North American distributor of propane, compressed natural gas, renewable energy and related products and services, in the $325 million sale of its construction products distribution business to Foundation Building Materials, a US distributor of building materials backed by Lone Star Funds.</li><li>Superior Plus Corp. in its $900 million acquisition of NGL Energy’s retail propane distribution business.</li></ul>Life Sciences<ul><li>Bayer AG in its $600 million acquisition of biotech company, BlueRock Therapeutics.</li><li>Bayer AG, through Leaps by Bayer, in its $215 investment in Century Therapeutics.</li><li>Kindred Biosciences in its approximately $450 million sale to Elanco Animal Health.</li><li>Otsuka Pharmaceuticals in its roughly $250 million acquisition of ADHD-drug developer, Neurovance.</li></ul>While serving at the DOJ and FTC, Alex investigated or oversaw the review of hundreds of transactions, including the $180 billion merger of United Technologies and Raytheon, NASDAQ’s proposed $11 billion acquisition of NYSE Euronext, Deutsche Boerse’s proposed $10 billion acquisition of NYSE Euronext, Waste Management’s $4.6 billion acquisition of Advanced Disposal Services, Liberty Latin America’s $1.95 billion purchase of AT&T Puerto Rico, Google’s $2 billion acquisition of Fitbit, Google’s $700 million acquisition of ITA Software, Reading Health System’s proposed acquisition of Surgical Institute of Reading, and Universal Health Service’s acquisition of Ascend Health Corporation, among many others.<h4>Antitrust Conduct Litigation</h4>Alex has represented clients in some of the most significant antitrust cases of the last twenty years, including class actions and private party disputes, and has represented both plaintiffs and defendants. As The Legal 500 U.S. Antitrust: Civil Litigation/Class Actions Defense guide noted, “Alex Okuliar litigates cutting-edge antitrust topics such as platform competition and data collection as well as media cases.” His thought leadership on class action issues has also been cited by courts (See In re GPU Antitrust Litigation, 253 F.R.D. 478, 492–3 (2008)). Representative cases include:Private Party Disputes (Plaintiff and Defense)<ul><li>Avadel, a leading biopharmaceutical company, in Jazz Pharmaceuticals v. Avadel CNS Pharmaceuticals (D. Del.), alleging monopolization and other unlawful conduct by Jazz Pharmaceuticals. The case squarely addressed conduct long viewed by enforcers as anticompetitive, placing it at the forefront of pharmaceutical antitrust enforcement. The FTC also filed an <a href="https://www.ftc.gov/news-events/news/press-releases/2022/11/ftc-amicus-brief-challenges-abuse-fda-orange-book-listing-procedures-block-drug-competition" target="_blank">amicus brief</a> explaining to the Court the harm to competition from such listings. With trial imminent, achieved sweeping global settlement, delivering $90 million payment, perpetual worldwide license to key patents, and long-term certainty over Avadel’s commercial rights, unlocking Avadel’s strategic potential, culminating in a proposed $2.37 billion acquisition. The MoFo team recently won Global Competition Review’s 2026 – Litigation of the Year – Non-Cartel Prosecution.</li></ul><ul><li>Capital One in American Express v. Visa, et al. (S.D.N.Y.), where he defended the client against group boycott claims alleging that certain exclusive bylaws for the Visa and Mastercard credit card networks represented an agreement to boycott American Express. The case settled after years of litigation.</li><li>The Clorox Company and its Brita subsidiary in Zerowater v. Clorox, Brita, et al. (E.D. Pa), a lawsuit which involves allegations of patent ambush, monopolization and unfair competition. The case recently settled.</li><li>Icon, a real estate development company, in Icon v. Southwest Regional Council of Carpenters, et al. (C.D. Cal.), a federal antitrust lawsuit alleging monopolization, sham petitioning, and other claims in labor markets. See the press coverage in <a href="https://www.bloomberglaw.com/bloomberglawnews/antitrust/XEJFH0U8000000?bna_news_filter=antitrust#jcite" target="_blank">Bloomberg</a>. The case settled.</li><li>Provi, an e-commerce platform, in Tiz (d/b/a Provi) v. Southern Glazer’s and Republic National Distribution Co. (N.D. Ill.), an antitrust claim alleging monopolization, tying, and group boycott, among other conduct, by the nation’s largest alcohol distributors to eliminate new and innovative online marketplace competition from Provi. See coverage of the case by <a href="https://www.politico.com/news/2022/03/29/alcohol-ordering-antitrust-suit-00021383" target="_blank">Politico</a>.</li><li>A national financial institution in its defense against state unfair competition claims in connection with a business transaction.</li><li>A leading online professional networking site in its defense against unfair competition claims based on allegations that the site had blocked a competing site from scraping its data to develop another service.</li><li>A leading medical imaging technology company in an antitrust counterclaim related to a patent infringement action.</li><li>An online media streaming company in an antitrust counterclaim against the major national television broadcasters related to a copyright infringement lawsuit.</li></ul>Class Action Defense<ul><li>Asiana Airlines in In re Korean Air Lines Co. Antitrust Litigation (C.D. Cal.), defending against a class action alleging price-fixing of passenger air fares. Client prevailed on motion to dismiss claims of indirect purchasers of passenger air fares, which was upheld in relevant part on appeal, and the remainder of the case settled. </li><li>Asiana Airlines in In re Air Cargo Shipping Services Antitrust Litigation (E.D.N.Y) to defend against a class action alleging price-fixing of cargo shipping fees. The case was ultimately settled.</li><li>Capital One in In re Payment Card Interchange Fee and Merchant Discount Litigation (E.D.N.Y.), to defend against alleged price-fixing claims related to credit card interchange fees. This matter ultimately settled.</li><li>Honeywell in Wright v. Honeywell (Vt.), McKinnon v. Honeywell (Me.), Fagan v. Honeywell (Mass.), and Roos v. Honeywell (Cal.), to defend against class actions alleging monopolization of certain home thermostats. Certain cases were dismissed after briefing and oral argument and others were ultimately settled.</li></ul>Other (Government Litigation)<ul><li>The United States in United States v. Google (search) (D.D.C.), in its landmark monopolization case against a leading online search engine. He served as the senior Antitrust Division official overseeing the DOJ staff team to develop and prosecute the lawsuit.</li><li>The United States in United States and the State of Michigan v. Blue Cross Blue Shield of Michigan (E.D. Mich.) regarding allegations that the defendant’s most favored nation provisions in its contracts with providers were an unlawful restraint of trade. The matter was dismissed after the State of Michigan enacted laws banning the use of most favored nation clauses by insurers, health maintenance organizations, and nonprofit health care corporations in contracts with providers.</li></ul><h4>Government Investigations & Policy Advocacy</h4>Alex also handles investigations, compliance counseling, and policy advocacy for governmental entities. As one client noted in The Legal 500 U.S. Antitrust: Cartels guide, “Alex Okuliar brings a calm and thoughtful approach to the matters he advises on. He has good judgment and delivers advice in a user-friendly format. He stays current on emerging issues in antitrust law and provides a helpful perspective on areas of risk and how to best address those areas.”Some of his matters include representing:<ul><li>An AI company in an FTC investigation of a technology platform.</li><li>A technology company in its defense against an FTC investigation into an alleged order violation.</li><li>A major chemical company as a leniency applicant in a DOJ criminal price-fixing investigation.</li><li>An airline in various DOJ criminal cargo and passenger airfare antitrust investigations.</li><li>A technology company in a DOJ investigation of an alleged no-poach agreement relating to employee hiring.</li><li>A major energy company as a third-party complainant and witness in an FTC investigation leading to litigation against the merging companies.</li><li>An energy company in an internal investigation of trading activity related to allegations of price fixing.</li><li>A major hospital system in a state AG price-fixing and market allocation investigation.</li><li>A ticket reseller in a state AG consumer protection investigation.</li><li>A major retailer as a third party in multiple state and federal investigations.</li><li>Clients advocating to government agencies on issues relating to technology platforms, mergers, and issues involving antitrust and intellectual property.</li></ul>

Alexander Okuliar

Chair of Global Antitrust Law Practice Group

<div class="videoWrapper"><iframe class="sticky-video" allowfullscreen="1" allow="autoplay; encrypted-media" frameborder="0" src="https://www.youtube-nocookie.com/embed/Q0TTyb7UVt4?rel=0" title="Lisa M. Phelan" title="iframe"></iframe></div>Lisa Phelan, former Chief of the National Criminal Enforcement and Washington Criminal I Sections of the Antitrust Division of the U.S. Department of Justice (DOJ), is a partner and head of Morrison Foerster’s Cartel Defense Practice and a member of the Investigations + White Collar Group. With more than 25 years of service at the DOJ as one of the leading authorities in criminal antitrust matters, Lisa draws upon her unmatched criminal investigations, litigation, and enforcement experience to guide clients through sensitive issues pertaining to domestic and international cartel actions and white-collar investigations and to rapidly assess and address their risk and total exposure to potential claims of unlawful collusion.Clients turn to Lisa for her knowledge and understanding when subpoenaed or when enforcement agencies execute a search warrant or stage a dawn raid. Few have the breadth of her experience to counsel and represent clients through each step of a cartel investigation, leniency application, plea negotiation, or criminal jury trial. Additionally, Lisa is an expert in the components of effective compliance programs and is an asset to clients in preventing antitrust problems before they arise. She has led complex antitrust matters across numerous major industries, including financial services, technology, aviation, automotive, shipping, paper, petroleum, chemicals, and pharmaceuticals, among others.As Chief of the National Criminal Enforcement and Washington Criminal I Sections of the Antitrust Division, Lisa supervised and coordinated all investigative and litigation work on international and national criminal cartel cases. Lisa regularly coordinated investigations and prosecutions with cartel enforcement agencies worldwide, including in the European Union, Japan, Mexico, Korea, the United Kingdom, Australia, New Zealand, Chile, and Brazil, among others. Additionally, she often interfaced with other law enforcement units when investigations raised non-antitrust issues.Before Lisa was appointed Chief of National Criminal Enforcement, she served as a senior criminal litigator in the Antitrust Division, leading investigations and trials of multinational corporations and their executives for price-fixing and related crimes. Lisa prosecuted more than 300 federal criminal cases and led and oversaw dozens of jury trials throughout her tenure at the DOJ.Lisa has received numerous accolades throughout her career, including the Presidential Rank Award, awarded by President Obama in 2015, the Attorney General’s Distinguished Service Award, awarded by Attorney General Eric Holder in 2014; and, on multiple occasions, the Assistant Attorney General’s Outstanding Service Award, while serving as a lead trial attorney and a senior official at the DOJ.Law enforcement agencies and competition partners consult Lisa on best practices and policies in cartel enforcement and leniency programs. She has been frequently acknowledged for her insight and dexterity in the fields in which she practices. Recognitions include:<ul><li>“[Lisa’s] ability to distill information and come to solutions is amazing. We are lucky to be represented by her.” –Chambers USA, 2022 (Client Testimonial)</li><li>“[Lisa] is very knowledgeable on DOJ practices and policies.” –Chambers USA, 2022 (Client Testimonial)</li><li>“[Lisa] is excellent and gives well thought-out and practical advice.” –Chambers USA, 2021 (Client Testimonial)</li><li>“Lisa Phelan has three decades of experience as a DOJ attorney, including serving as Chief of the National Criminal Enforcement section of the Antitrust Division. She is prominent in the market and well-placed to advise clients on criminal cartel proceedings. Sources describe her as a 'fantastic lawyer,’ who ‘knows everything.’” –Chambers USA, 2020</li></ul>Lisa frequently speaks at American Bar Association (ABA), International Competition Network, International Bar Association, and various prominent white-collar crime conferences. She has been an active participant in ABA programs and activities for nearly three decades. Currently, she serves as co-chair of the Antitrust Section’s International Cartel Task Force, which regularly meets with competition agency heads from around the globe to provide thought leadership and to advise on competition law changes and practices, including leniency program criteria. She is also a leader on the Antitrust Section’s Influencer Task Force. Additionally, Lisa proposed and worked to establish the ABA Antitrust Section’s Women.Connected Committee.Lisa has long championed the advancement of women within the legal profession and in the Antitrust Bar in particular. Recognized by MLex as a “trailblazer” for women in antitrust, in recent years, she founded the “Women in Cartel” group, which has expanded its membership nationally and internationally. More than once, she has been named one of Global Competition Review’s Top “Women in Antitrust.” In addition, Lisa serves on the firm’s Women’s Strategy Committee, working closely with firm leaders to ensure that the advancement of women is a constant strategic priority. Lisa is a member of the Women’s White Collar Defense Association.Lisa received her J.D. magna cum laude from American University, Washington College of Law, where she served on the International Law Journal. She received her B.A. summa cum laude, also from American University. Lisa is an adjunct Professor at AU law school, teaching a seminar on Criminal Antitrust.<h4>Representative Experience</h4><ul><li>Represent a European executive indicted in the U.S. on a criminal Sherman Act charge of bid rigging on government contracts.</li><li>Represent a major national healthcare company investigated by DOJ’s Antitrust Division on allegations of criminal agreements not to hire or solicit employees from another major national healthcare company. Obtained a non-prosecution agreement from DOJ for the company and all of its executives.</li><li>Represent a large national health staffing company in multiple grand jury investigations around the U.S. for various alleged Sherman Act criminal violations. Obtained non-prosecution commitment from DOJ for the company and its executives in all matters.</li><li>Represent a major Japanese component parts maker subject to a grand jury investigation by DOJ. Obtained a non-prosecution decision for the company and its executives.</li><li>Represent a large national media company in meetings with DOJ regarding possible anticompetitive conduct.</li><li>Represent a major prescription services company under investigation by the FTC for possible monopolization and abuse of dominance violations.</li><li>Represent an oil and gas industry company under grand jury investigation by the Antitrust Division and obtained a non-prosecution decision from DOJ.</li><li>Represent numerous CEOs and high-level executives in numerous criminal antitrust grand jury investigations.</li></ul>

Lisa Phelan

Megan is a former trial attorney with the DOJ’s Antitrust Division. At Morrison Foerster, she is a partner in the Antitrust Group advising clients on their most complex and high-stakes competition matters. Her practice focuses on government investigations, merger reviews, strategic transactions, and civil antitrust litigation, particularly where enforcement, compliance, and global antitrust and regulatory risk intersect.Megan regularly counsels clients on antitrust risks arising from industry collaborations, trade associations, consortia, and other joint activities, drawing on her firsthand experience investigating and prosecuting cartel conduct. While at the Antitrust Division, Megan investigated and prosecuted federal antitrust violations, including international cartel matters involving price fixing, bid rigging, and market allocation. She now leverages that experience to help clients design, implement, and defend antitrust compliance programs, and she routinely delivers antitrust training for executives and employees.Megan also maintains a robust merger practice, advising clients at every stage of the merger review process. She develops transaction strategies, assesses and manages obligations under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”), and represents clients before antitrust authorities in the United States and abroad. Megan regularly represents third parties in agency reviews of transactions, including at trial.Her experience spans a wide range of industries, including telecommunications, media, technology and software, financial services, consumer products, aviation, higher education, manufacturing, agriculture, and life sciences. While at the Antitrust Division, Megan prosecuted the first individual ever extradited to the United States on an antitrust charge and earned the Assistant Attorney General’s Award for Distinguished Service for her work investigating and prosecuting international automotive parts cartels. She was also awarded the DOJ’s Outstanding Mentor Award by the Attorney General. Megan has been widely recognized by leading publications including Chambers, Global Competition Review, Bloomberg, The American Lawyer, and others. She has served as a non-governmental advisor to the International Competition Network (ICN) and has spoken at the ICN Cartel Workshop in Lisbon, Portugal. Megan is an editor of The Antitrust Source, the ABA’s online antitrust magazine, and is a member of Morrison Foerster’s global Sustainability + Corporate Responsibility Group. She also serves on the board of directors of the U.S. Sustainable Investment Forum (SIF).Before attending law school, Megan worked in the DOJ’s Office of Public Affairs, where she assisted the Assistant Attorney General for Antitrust with media strategy and served as a national spokesperson. She also worked as a paralegal in the Antitrust Division, supporting trial teams in criminal antitrust prosecutions.<h4>Representative Experience</h4><h5>Criminal and Civil Antitrust Investigations</h5><ul><li>Achieved non-prosecution protection for two healthcare companies in separate DOJ Antitrust Division criminal investigations; represented company witnesses at trial.</li><li>Obtained non-prosecution protection for a senior executive in criminal investigation into no-poach agreements in defense sector; executive testified at the criminal trial.</li><li>Completed a non-prosecution agreement for a senior executive in a DOJ criminal investigation into market allocation and bid rigging of generic drugs.</li><li>Regularly advises senior executives on DOJ antitrust criminal investigations involving allegations of price fixing, market and customer allocation, and bid rigging, and obtained non-prosecution protection for several individuals.</li><li>Represented a technology company in a Federal Trade Commission monopolization investigation.</li><li>Defended a private equity fund in a state AG investigation.</li><li>Represented an energy company in a criminal investigation.</li><li>Counseled a senior executive on an international criminal cartel investigation.</li><li>Obtained a non-prosecution agreement for a senior executive in a criminal investigation into conduct related to the hiring of employees.</li></ul><h5>Antitrust Merger Review</h5><ul><li>Obtained merger clearance for a telecommunications company in connection with a $20 billion acquisition, which closed in 2026.</li><li>Navigated ShowingTime Inc., a leading real estate showing management and market stats technology provider, through an extended review by the Federal Trade Commission of its $500 million vertical acquisition by Zillow Group.</li><li>Delivered merger clearances for Unity Technologies Corp. in connection with an asset carve-out acquisition from Weta Digital of certain assets, including its audiovisual effects development and management software tools, for a purchase price of $1.625 billion.</li><li>Advised and obtained merger clearances for Grant Thornton LLP in connection with the sale of its Public Sector Advisory practice to Guidehouse.</li><li>Represented Divvy, a leader in spend management, in its $2.5 billion stock and cash sale to Bill.com. </li><li>Supported NTT, a leading IT infrastructure and services company, in its $330 million cash sale of WhiteHat Security to Synopsys, Inc.</li><li>Represented Continental Building Products, a North American leader in wallboard and joint compound materials, in negotiations to secure antitrust approvals for its sale to Saint-Gobain. The transaction cleared without a second request investigation.</li><li>Assisted The Walt Disney Co. in its $71 billion acquisition of certain businesses from 21st Century Fox.</li><li>Represented Canadian aircraft manufacturer Bombardier in connection with 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.</li><li>Regularly assisting third parties in responding to DOJ and FTC outreach and Civil Investigative Demands in connection with merger reviews, and corporate clients with antitrust issues in complex transactions, including collaborations, joint ventures, acquisitions, and mergers.</li></ul><h5>Antitrust Litigation</h5><ul><li>Representing Beeline Loans in federal antitrust litigation alleging price fixing and information sharing in connection with use of Optimal Blue software.</li><li>Defending Otter Tail Corp. and its subsidiaries in federal antitrust litigation alleging price fixing and information sharing through third-party market newsletter.</li><li>Supporting Verizon Communications in federal antitrust litigation alleging antitrust violations brought by VoIP-Pal.</li><li>Defending BJMC Global in federal antitrust litigation alleging non-solicitation agreements and wage fixing in violation of antitrust laws.</li><li>Representing Glenmark Pharmaceuticals in a federal antitrust multidistrict litigation alleging price fixing and market allocation of generic drugs by manufacturers of generic drugs.</li><li>Assisting Nexstar Media Group, America’s largest local television and media company, in federal antitrust litigation alleging price fixing in television advertising.</li><li>Counseled 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.</li></ul>

Megan E. Gerking

Antitrust Law