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Lexology Index 2025 Recognizes seven MoFo Antitrust Lawyers

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Seven Morrison Foerster (MoFo) lawyers have been recognized by Lexology Index (formerly known as Who’s Who Legal) in its 2025...

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Seven Morrison Foerster (MoFo) lawyers have been recognized by Lexology Index (formerly known as Who’s Who Legal) in its 2025 Competition report. Lexology Index’s rankings are based on feedback and recommendations from leading private practitioners as well as from the firms’ clients. The following lawyers are recognized in Lexology Index 2025:<ul><li>Alexander Okuliar (Co-chair, Washington, D.C)</li><li>Lisa Phelan (Co-chair, Washington, D.C)</li><li>Jeff Jaeckel (Vice Chair, Washington, D.C.)</li><li>Alexander Israel (Managing Partner, Brussels)</li><li>Michael Miller (Partner, New York)</li><li>Megan Gerking (Partner, Washington, D.C.)</li><li>Penelope Preovolos (Senior Counsel, San Francisco)</li></ul>MoFo’s Antitrust lawyers are recognized leaders in the courtroom, the boardroom, and the halls of government. They are trial lawyers who have a knack for resolving complex antitrust cases through dispositive motions but are capable of taking any case to trial. They are strategic counselors who partner with our clients to develop business strategies to enhance their competitiveness. They are agency experts who draw on a deep well of experience, including service as high-level officials, to obtain successful results.MoFo’s Antitrust team plays a leading role in groundbreaking antitrust matters and is exceptionally strong in representing the world’s leading companies in complex and high-profile multinational cartel and competition investigations, follow-on cartel class actions, civil and administrative investigations, antitrust clearance for mergers and acquisitions, civil litigation for market dominance claims, compliance matters, and more. With leading lawyers in major business centers in the United States, Europe, and Asia, MoFo’s Antitrust team provides these services seamlessly to clients doing business worldwide.For more details, please visit the Lexology Index <a href="https://www.lexology.com/index/report/competition/rankings?f=1731" target="_blank">website.</a>

Lexology Index 2025 Recognizes seven MoFo Antitrust Lawyers

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Alex Okuliar is Co-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 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 its $6.2 billion acquisition of Tegna Inc., an owner and operator of local television stations.</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: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>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 New York Times coverage of the case can be found on the <a href="https://www.nytimes.com/2023/02/28/business/jazz-narcolepsy-avadel-patents.html" target="_blank">The New York Times</a> website. 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. The case is ongoing.</li><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>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

Co-chair 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 co-chair of Morrison Foerster’s Global Antitrust Law Practice Group 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

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 is Morrison Foerster’s Vice Chair. 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

Vice Chair

Alexander Israel is a partner in the firm’s Brussels and Berlin office and a member of the Antitrust practice.Alexander chairs the European Competition practice and is the co-office managing partner of the Brussels office. He is a prominent antitrust authority and longstanding adviser to global companies and senior executives. His practice focuses on cartel and abuse of dominance investigations brought by the European Commission and the German Federal Cartel Office, as well as related litigation before the European and German courts. Alexander regularly handles high-profile cases — including the Air Cargo defense and the CDS defense (both GCR Matters of the Year). Alexander also advises on merger control and global regulatory approval strategies, for example for Amgen/Horizon and Pfizer/Arena. Main areas of his practice include technology, life sciences, aviation, automotive, and financial services. Alexander manages a high volume of significant cases, many involving cutting-edge legal challenges.Legal 500, Chambers, JUVE, Who’s Who Legal, and Global Competition Review (GCR) rank Alexander as a leading practitioner for European and German matters. Alexander and his team won the award “European Competition or Antitrust Team of the Year 2023” (The Lawyer) for an antitrust litigation victory at the European Court of Justice.Alexander is often asked to speak at conferences and universities and has authored multiple books and articles on German and European Union competition law.Before joining Morrison Foerster, Alexander led the Brussels office of another leading U.S. law firm, where he played a key role in establishing the office and leading antitrust initiatives, frequently tackling complex and precedent-setting issues across transactions, investigations, and litigation.He is admitted in Germany and Belgium and speaks German, English, and French.<h4>Representative Experience</h4><ul><li>European airline in various disputes with another airline concerning feeder flights, including litigation</li><li>Representing Condor in its successful challenge of the European Commission’s approval of Lufthansa’s COVID aid</li><li>U.S. technology companies in ongoing cartel investigation by the European Commission</li><li>Represented numerous national and international companies in global cartel investigations, in particular in the automotive sector</li><li>Secured full immunity for a leading U.S. company in the EC investigation “Car Battery Recycling”</li><li>Represented WABCO, Trane, and Ideal Standard before the General Court in the bathroom fittings cartel case, resulting in a historic fine reduction of €205 million</li><li>Represented a Swiss watchmaker in the EC investigation “Independent Watch Repairers,” resulting in a closure</li><li>Represented a Swiss watchmaker in proceedings before the European Court and the European Court of Justice</li><li>Represented the European Commission in the case T-441/14 “Power Cables”</li><li>Represented Lufthansa and Swiss in their appeal of the cartel decision “Air Cargo,” achieving the first annulment of an immunity decision (Matter of the Year 2016, Global Competition Review)</li><li>Represented a bearing manufacturer in the European Commission’s cartel case “Bearings”</li><li>Represented two European airlines in the EC code-share investigation</li><li>Represented a European investment bank in the EC’s proceedings into CDS (various allegations) resulting in a rare closure of the file after the Statement of Objections (Behavioural Matter of the Year 2016, Global Competition Review)</li><li>Coordinated a global defense against private damage claims for antitrust violations</li><li>Represented Lufthansa in the worldwide merger clearances for the acquisitions of Austrian Airlines, Brussels Airlines, and BMI, as well as the sale of BMI to IAG</li><li>Represented Cisco in the worldwide merger control clearance of its acquisition of Tandberg and CoreOptics</li><li>Represented Lufthansa and Austrian Airlines before the General Court in cases T-162/10</li><li>Handled numerous EC complaints alleging abuse of dominance and defending such allegations</li></ul>

Alexander Israel ist Partner des Berliner und Brüsseler Büros sowie Mitglied der Praxisgruppe Kartellrecht.Alexander Israel ist Leiter der Praxisgruppe Europäisches Wettbewerbsrecht und Co-Office Managing Partner des Brüsseler Büros. Er ist ein hoch angesehener Experte für Kartellrecht und langjähriger Berater globaler Unternehmen und ihrer Vorstände. Seine Tätigkeitsschwerpunkte liegen im Bereich der Kartelluntersuchungen und Untersuchungen bezüglich des Missbrauchs von Marktmacht, die von der Europäischen Kommission und dem Bundeskartellamt durchgeführt werden, sowie damit zusammenhängenden Prozessen vor europäischen und deutschen Gerichten. Er berät regelmäßig zu komplexen Rechtsstreitigkeiten, darunter die Verteidigung in Sachen „Air Cargo“ und „Credit Default Swaps“ - beide Mandate wurden von der führenden Fachzeitschrift für Kartell- und Wettbewerbsrecht GCR als Matters of the Year ausgezeichnet. Alexander Israel berät ebenso im Bereich der Fusionskontrolle und zu globalen, regulatorischen Genehmigungsstrategien, unter anderem die Biotech- und Pharmafirmen Amgen/Horizon und Pfizer/Arena. Seine Praxis umfasst insbesondere die Bereiche Technologie, Life Sciences, Luftfahrt, Automobilindustrie und Finanzdienstleistungen. Alexander Israel betreut eine Vielzahl herausragender Verfahren, viele davon mit neuartigen und richtungsweisenden rechtlichen Fragestellungen.Alexander Israel wird von Publikationen wie Legal 500, Chambers, JUVE, Who’s Who Legal und Global Competition Review (GCR) regelmäßig als führender Experte im Bereich des europäischen und deutschen Kartellrechts bezeichnet. Für seinen wegweisenden Erfolg in einem Gerichtsverfahren vor dem Europäischen Gerichtshof hat die britische Fachzeitschrift The Lawyer Alexander Israel und sein Team mit dem Titel „European Competition or Antitrust Team of the Year 2023“ ausgezeichnet.Er wird regelmäßig als Vortragender auf Konferenzen und an Universitäten eingeladen und hat zahlreiche Bücher und Artikel zum deutschen und europäischen Wettbewerbsrecht veröffentlicht.Vor seinem Eintritt bei Morrison Foerster leitete Alexander Israel das Brüsseler Büro einer anderen führenden US-amerikanischen Kanzlei, wo er eine Schlüsselrolle beim Aufbau des Büros und der europäischen Kartellrechtspraxis innehatte und sich mit komplexen, richtungsweisenden Fragen zu Transaktionen, Untersuchungen und Rechtsstreitigkeiten befasste.Er ist in Deutschland und Belgien zugelassen und spricht Deutsch, Englisch und Französisch.<h4>Referenzen</h4><ul><li>Eine europäische Fluggesellschaft in verschiedenen Streitigkeiten wegen Missbrauchs einer marktbeherrschenden Stellung, einschließlich Prozessführung</li><li>Vertretung von Condor bei der erfolgreichen Anfechtung der Genehmigung von COVID-Hilfen für Lufthansa durch die Europäische Kommission</li><li>US-Technologieunternehmen in einer laufenden Kartelluntersuchung durch die Europäische Kommission</li><li>Vertretung zahlreicher nationaler und internationaler Unternehmen in globalen kartellrechtlichen Untersuchungen, insbesondere im Automobilsektor</li><li>Erwirkung vollständiger Immunität für ein führendes US-Unternehmen in der Untersuchung „Car Battery Recycling“ der Europäischen Kommission</li><li>Vertretung von WABCO, Trane und Ideal Standard vor dem Gericht der Europäischen Union im Kartellverfahren zu Sanitärarmaturen, mit einer historisch einmaligen Reduzierung der Geldbuße um 205 Millionen Euro</li><li>Vertretung eines Schweizer Uhrenherstellers in der Untersuchung „Independent Watch Repairers“ der Europäischen Kommission, die zu einer Einstellung des Verfahrens führte</li><li>Vertretung eines Schweizer Uhrenherstellers in Verfahren vor dem Europäischen Gericht und dem Gerichtshof der Europäischen Union</li><li>Vertretung der Europäischen Kommission im Fall T-441/14 „Power Cables“</li><li>Vertretung von Lufthansa und Swiss in ihrer Berufung gegen die Kartellentscheidung „Air Cargo“, die erstmalig zur Aufhebung einer Immunitätsentscheidung führte (Matter of the Year 2016, Global Competition Review)</li><li>Vertretung eines Wälzlagerherstellers im Kartellverfahren „Bearings“ der Europäischen Kommission</li><li>Vertretung zweier europäischer Fluggesellschaften in der Kartelluntersuchung der Europäischen Kommission zu Code-Share-Vereinbarung</li><li>Vertretung einer europäischen Investmentbank in den Verfahren der Europäischen Kommission zu CDS (Credit Default Swaps), was zu einer seltenen Einstellung des Verfahrens nach der Mitteilung der Beschwerdepunkte führte (Behavioural Matter of the Year 2016, Global Competition Review)</li><li>Koordination einer globalen Verteidigung gegen private Schadenersatzansprüche wegen Wettbewerbsverstößen</li><li>Vertretung der Lufthansa in den weltweiten Fusionskontrollverfahren für die Übernahmen von Austrian Airlines, Brussels Airlines und bmi sowie beim Verkauf von bmi an IAG</li><li>Vertretung von Cisco in der weltweiten Fusionskontrollprüfung der Übernahme von Tandberg und Coreoptics</li><li>Vertretung von Lufthansa und Austrian Airlines vor dem Gericht der Europäischen Union im Fall T-162/10</li><li>Bearbeitung zahlreicher Beschwerden bei der Europäischen Kommission wegen Missbrauchs einer marktbeherrschenden Stellung und Verteidigung gegen solche Vorwürfe</li></ul>

Alexander Israel

Managing Partner, Brussels

Michael Miller has nearly three decades experience helping clients successfully navigate through the most complex litigation and regulatory challenges they face. He regularly represents clients in major antitrust and class action litigation, and in managing antitrust risks presented by complex transactional and other business matters, including strategy and structuring of transactions to overcome potential regulatory hurdles and achieve strategic business objectives.Mike’s practice includes all aspects of complex financial services, antitrust, privacy, and commercial litigation. He also has an active practice representing clients in merger control proceedings in the United States, Europe, and other jurisdictions as part of the multinational merger notification and review process.Mike has considerable experience representing financial services companies in investigations initiated by various antitrust regulators, the Consumer Financial Protection Bureau, the New York Department of Financial Services, and others. Mike has a history of representing companies before the U.S. and EU competition law regulators in the telecommunications, semiconductors, software, network services, pharmaceutical, industrial, financial services, consumer products, chemical, and technology industries.Mike maintains an active pro bono practice, regularly representing New York City public school students seeking special education and other services from the City and State. <h4 dir="ltr">Representative Experience</h4><ul><li>Glenmark Pharmaceuticals (Eastern District of Pennsylvania). Representing Glenmark in a federal antitrust multidistrict litigation alleging price fixing and market allocation of generic drugs by manufacturers of generic drugs.</li><li>In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Eastern District of New York). Representing a major financial institution in federal antitrust class and individual actions alleging that the payment card practices of the defendant card networks and financial institutions constitute an unreasonable restraint of trade and illegal monopolization. This is likely the largest private antitrust case ever brought.</li><li>Copperweld Wiring (Northern District of Alabama and other courts). Representing wire manufacturer in antitrust and false-advertising suit against three major copper wire competitors.</li><li>SoftBank/Sprint/T-Mobile. Represented Sprint and SoftBank before DOJ/FCC and at trial against multiple State Attorneys’ General seeking to block the T-Mobile-Sprint merger as anti-competitive. After a two-week trial, the Court dismissed the case and the merger closed successfully. </li><li>Arm Limited/Softbank. Represented SoftBank Group and Arm Limited on complex antitrust and national security issues arising from NVIDIA’s proposed acquisition of Arm from SoftBank for $65 billion.</li><li>Data Breach and Privacy Matters. Representing a variety of clients in connection with regulatory and litigation issues arising out of data breach events and general data security counseling and compliance.</li><li>FCRA Matters. Representing significant information-service provider in actions around the country alleging violations of the FCRA and related statues and in federal and state regulatory proceedings.</li><li>Southwest Gas Holdings. Obtained antitrust regulatory clearances in connection with Southwest Gas Holdings’ $2 billion acquisition of Questar Pipeline and subsequent sale of certain assets. </li><li>Programmatic Advertising. Represented digital programmatic healthcare advertising firm in lawsuit seeking to block acquisition.</li><li>Alcon Vision (Southern District of New York). Won dismissal of all antitrust claims against a contact lens manufacturer.</li><li>Dale v. T-Mobile, et al. (Northern District of Illinois). Won dismissal of antitrust lawsuit against SoftBank. </li><li>EMV Litigation (Northern District of California). Won dismissal of class action antitrust litigation arising out of the introduction of chip card standards to the US payments sector.</li><li>In re Late Fee and Over-Limit Fee Antitrust Litigation (Northern District of California). Won dismissal of class action challenging late and over-limit fees. Dismissal affirmed on appeal.</li><li>In re Dental Supply Antitrust Litigation (Eastern District of New York). Negotiated resolution of individual and class action antitrust litigation in the dental supplies industry. </li><li>Antitrust and Bank Holding Company Act Litigation (Middle District of Florida). Won dismissal of sprawling antitrust and BHCA litigation on behalf of major financial institution.</li><li>Amadeus IT Group (Southern District of New York). Won dismissal of class action litigation in the travel services industry.</li><li>Overdraft Litigation (Eastern District of Pennsylvania). Represented a major financial institution in successfully resolving class action litigation arising out of overdraft practices.</li><li>Other Merger Clearances. Has obtained merger clearances in the US and EU for clients in the financial services, telecommunications, network services, pharmaceuticals, consumer products, oil and gas, consumer products, chemical, packaging, and metals industries.</li><li>GSE FCRA Litigation (Ninth Circuit, District of Arizona). Won dismissal of FCRA litigation against a large government-sponsored enterprise in the District of Arizona.</li><li>Privacy Litigation (District of Colombia; District of Columbia Superior Court). Won motions to dismiss in two actions that alleged violations of various statutory rights to privacy stemming from customer service practices. Both dismissals affirmed on appeal.</li><li>Richbell Information Services, Inc., et al. v. Jupiter Partners LP, et al. Represented Lord Jacob Rothschild and several publicly traded English investment trusts in the New York Commercial Division in litigation arising out of disputes among shareholders. Resolved successfully for client.</li></ul>

Michael B. Miller

Partner

Megan Gerking is a partner in Morrison Foerster’s Global Antitrust Law practice, specializing 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, a former trial attorney with the DOJ’s Antitrust Division, is an experienced antitrust attorney focused on complex antitrust law matters, including government investigations, strategic transactions, and civil litigation. She regularly counsels clients on antitrust issues arising from industry consortiums, trade association activities, and other collaborations. While serving in the Antitrust Division, Megan investigated and prosecuted federal antitrust violations and international cartel cases. She leverages her DOJ experience when reviewing, developing, and implementing clients’ antitrust compliance programs and routinely delivers antitrust compliance training for employees.As part of Megan’s merger practice, she regularly helps clients in all aspects of merger review, including developing strategy for structuring transactions, assessing and complying with obligations under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”), and securing clearance from antitrust enforcers in the United States and abroad. Megan has represented third parties in agency reviews of deals, including at trial.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. While in the Antitrust Division, Megan prosecuted the first individual extradited to the United States 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 was also awarded the DOJ’s Outstanding Mentor Award by the Attorney General. Further, she was recognized this past year in Bloomberg Law’s 40 Under 40 and as a finalist for The American Lawyer’s 2022 Young Lawyer of the Year. Additionally, Megan has served as a Non-Governmental Advisor to the International Competition Network (ICN) and spoke at the ICN Cartel Workshop in Lisbon, Portugal, in November 2022. Megan is also a member of our global Environmental, Social, and Governance (ESG) steering committee.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 of The Tax Lawyer. She received her B.A. in economics and political science from the University of Michigan.Before attending law school, Megan worked in the DOJ’s Office of Public Affairs, assisting the Assistant Attorney General of the Antitrust Division in all media matters and serving as a spokesperson for national media. She also worked as a paralegal for the Antitrust Division, supporting trial attorneys investigating and prosecuting corporations and individuals for violations of criminal antitrust laws.<h4>Representative Experience</h4><h5>Criminal and Civil Antitrust Investigations</h5><ul><li>Obtained non-prosecution protection for two healthcare companies she represented in separate DOJ Antitrust Division criminal investigations.</li><li>Represented an energy company in a criminal investigation.</li><li>Obtained a non-prosecution agreement for a senior executive in a criminal investigation into market allocation and bid rigging of generic drugs by the DOJ.</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>Assisted a technology company in an FTC monopolization investigation.</li><li>Represented a private equity fund in a state AG investigation.</li><li>Counseled a senior executive in 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>ShowingTime. 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>Unity Technologies Corp. Obtained merger clearances for Unity in connection with an asset carve-out acquisition from Weta Digital for certain assets, including its audiovisual effects development and management software tools, for a purchase price of $1.625 billion. </li><li>Grant Thornton. Advised and obtained merger clearances for Grant Thornton LLP in connection with the sale of its Public Sector Advisory practice to Guidehouse.</li><li>Divvy. Represented Divvy, a leader in spend management, in its $2.5 billion stock and cash sale to Bill.com.</li><li>NTT LTD. Represented NTT, a leading IT infrastructure and services company, in its $330 million cash sale of WhiteHat Security to Synopsys, Inc.</li><li>Palo Alto Networks. Advised Palo Alto Networks on its agreement to acquire Cider Security, a pioneer in application security and software supply chain security.</li><li>Continental Building Products. 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>The Walt Disney Company. Assisted The Walt Disney Co. in its $71 billion acquisition of certain businesses from 21st Century Fox.</li><li>Bombardier. 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>Advised third parties on civil investigative demand (CID) responses, including Nouryon, a global specialty chemical leader, as a third-party witness in an FTC litigation challenge of a transaction between Evonik and PeroxyChem.</li><li>Counseled corporate clients on antitrust issues in complex transactions, including collaborations, joint ventures, acquisitions, and mergers.</li></ul><h5>Antitrust Litigation</h5><ul><li>Glenmark Pharmaceuticals, Inc. Representing Glenmark in a federal antitrust multidistrict litigation alleging price fixing and market allocation of generic drugs by manufacturers of generic drugs.</li><li>Nexstar Media Group. Representing Nexstar, America’s largest local television and media company, in federal antitrust litigation alleging price fixing in television advertising.</li><li>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.</li></ul>

Megan E. Gerking

<div class="videoWrapper"><iframe frameborder="0" class="sticky-video" allowfullscreen="1" title="Meet Penny Preovolos, Litigation Partner" src="https://www.youtube-nocookie.com/embed/hv7hYn-Bl7c?rel=0&showinfo=0;vq=hd1080" title="iframe"></iframe></div>Penelope has served as lead counsel in major consumer class actions and antitrust cases for more than 35 years, successfully representing high-profile defendants in antitrust, consumer fraud, and product defect matters. Her clients span a range of industries, including consumer electronics, technology, retail, publishing, food and beverage, cosmetics, and household products. According to Chambers USA, Penelope has a “great reputation for antitrust and product liability work” and is a “superb all-around antitrust lawyer.”Penelope was named the 2019 Antitrust Lawyer of the Year by the Antitrust, UCL, and Privacy Section of the California Lawyers Association. She was co-chair of MoFo’s antitrust practice for 14 years. She has served as chair of the Antitrust and Trade Regulation Section of the State Bar of California and as a member of the Ninth Circuit Advisory Committee on Local Rules and Operations. She is an editor of and frequent contributor to Morrison & Foerster’s <a href="https://classdismissed.mofo.com/">Class Dismissed blog</a>, as well as a frequent speaker about class action and antitrust issues.More About PenelopePenelope clerked for the Honorable Charles M. Merrill, United States Court of Appeals for the Ninth Circuit. She graduated cum laude from Harvard Law School, where she was executive editor of the Harvard Civil Rights – Civil Liberties Law Review. Penelope was a member of Phi Beta Kappa at the University of California, Berkeley. She was awarded the University Medal, the highest undergraduate honor at the university, as well as the English Departmental Citation (awarded to the outstanding graduate in that department).