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Antitrust Institute 2014: Developments & Hot Topics

Speaker(s): Daniel G. Swanson, David I. Gelfand, Gil Ohana, Harvey I. Saferstein, Harvey M. Applebaum, Holly A. House, Hon. Maureen K. Ohlhausen, J. Thomas Rosch, Janet L. McDavid, Margaret M. Zwisler, Molly S. Boast, Patricia A. Conners, Rachel C. Brandenburger, Robert P. Taylor, Saul P. Morgenstern, Stephen R. Neuwirth, Theodore L. Banks, Yvonne S. Quinn
Recorded on: May. 5, 2014
PLI Program #: 51008

Daniel G. Swanson is a partner in Gibson, Dunn & Crutcher LLP, with offices in Los Angeles and Brussels. Mr. Swanson has been a trial and appellate litigator for over 30 years, and has Co-Chaired Gibson Dunn’s highly-regarded Antitrust and Competition Practice Group since 1996. His practice focuses on U.S., EU and international antitrust and competition law, including trial and appellate litigation, class actions, criminal investigations and cartel defense, merger review and government civil investigations, regulatory and competition policy matters, and antitrust counseling.

Mr. Swanson is a member of the California and Brussels Bars and is a solicitor of England and Wales and of the Republic of Ireland. He graduated magna cum laude from Harvard Law School in 1984 and holds a Ph.D. in economics from Harvard University, where he was a Harvard Teaching Fellow. He is admitted to practice before the United States Supreme Court, the Federal Circuit and the Second, Third, Fourth, Fifth, Sixth, Ninth and Tenth Circuits. He is also qualified to appear before the Courts of  the European Union.

Chambers USA reports that “Daniel Swanson has a vast amount of antitrust expertise covering everything from merger investigations to civil and criminal litigation” and describes him as “a highly adept trial lawyer” and as “a ‘tough opponent’ in civil and criminal litigation, alleged cartel matters and IP-related issues.” WHO’S WHO LEGAL comments that “Daniel Swanson … scores very highly for his ‘tenacious and persuasive’ litigation practice across a wide range of competition matters.” THE U.S. LEGAL 500 places him in a small group of Leading Lawyers for Antitrust—Civil Litigation/Class Actions. The Institutional Investor’s BENCHMARK LITIGATION GUIDE ranks Mr. Swanson as an Antitrust “Litigation Star,” and he has twice been named Best Lawyers’ Antitrust Law “Lawyer of the Year” for Los Angeles, most recently in 2016.

Mr. Swanson’s practice has encompassed virtually every aspect of antitrust and competition law. He counsels clients on mergers, acquisitions and joint ventures, and handles merger-clearance matters before the FTC, DOJ, and European Commission, and merger-related civil litigation. He has litigated claims of alleged price fixing, monopolization and market dominance, predation, leveraging, bundling, standard setting, tying, exclusive dealing, group boycotts, refusals to deal, and price discrimination, among others, and has handled scores of class action lawsuits (e.g., In re Electronic Books Antitrust Litigation, In re Air Cargo Shipping Services Antitrust Litigation, In re Rubber Chemicals Antitrust Litigation, In re Monochloroacetic Acid Antitrust Litigation, In re Fresh and Process Potatoes Antitrust Litigation, In re Hydrogen Peroxide Antitrust Litigation, In re Polyurethane Foam Antitrust Litigation; In re Automotive Refinishing Paint Litigation, In re Airline Ticket Commission Antitrust Litigation).

Mr. Swanson often handles antitrust and competition matters involving patents, copyrights and other intellectual property rights and was asked to testify about standard setting in the 2002 DOJ-FTC Joint Hearings regarding Competition and Intellectual Property Law and Policy. He is the author (with Prof. William J. Baumol) of Reasonable and Nondiscriminatory (RAND) Royalties, Standards Selection, and Control of Market Power, 73 ANTITRUST L.J. 1 (2005) and The New Economy and Ubiquitous Competitive Price Discrimination: Identifying Defensible Criteria of Market Power, 70 ANTITRUST L.J. 661 (2003), on which the U.S. Supreme Court relied in Illinois Tool Works v. Independent Ink, 547 U.S. 28 (2006). Mr. Swanson has also served as a Non- Governmental Advisor (NGA) to the ICN Unilateral Conduct Working Group in its work focused on monopolization and dominance law.

Mr. Swanson also frequently represents clients in connection with antitrust grand jury investigations, plea negotiations, and amnesty, leniency and immunity applications in the United States and the European Union, Canada, Japan, Australia, and Latin America, including more than twenty international cartel investigations during the last 15 years. Mr. Swanson has served as an NGA to the Cartels Working Group of the International Competition Network (ICN) and has participated in Annual ICN Meetings in Cape Town, South Africa and Sydney, Australia.

Mr. Swanson is Vice Chair of the Antitrust Committee of the International Bar Association, and served on the Editorial Board of the IBA’s publication COMPETITION LAW INTERNATIONAL from 2007-2012. He previously served as Co-Chair of the ABA Antitrust Section’s International Committee (2002-06) and as Editor-in-Chief of the Antitrust Section’s FIRST SUPPLEMENT TO COMPETITION LAWS OUTSIDE  THE  UNITED STATES (2005). He is also a member of the Competition Section of the Law Society of England and Wales. He has contributed to leading antitrust journals and treatises (including ANTITRUST AND TRADE REGULATION, ANTITRUST LAW DEVELOPMENTS, COMPETITION LAWS OUTSIDE THE UNITED STATES, THE  ANTITRUST ADVISER, and the ANTITRUST LAW JOURNAL) and is a member of the Board of Editors of the LexisNexis ANTITRUST REPORT. He is also a member of the American Economic Association.

Harvey Applebaum is a senior counsel in Covington & Burling's Antitrust and International Trade Practices. His antitrust and consumer protection practice includes Department of Justice and FTC investigations and litigation, both civil and criminal; private antitrust litigation; and a diverse counseling practice, including distribution, price discrimination, competitor arrangements, mergers and joint ventures, intellectual property, and trade associations.

Mr. Applebaum's international trade practice involves International Trade Commission, Commerce Department and U.S. Trade Representative proceedings under the antidumping and countervailing duty laws, Section 201 of the Trade Act and other trade laws, and WTO and NAFTA dispute matters. He also has an active practice in customs law matters, including classification, valuation, foreign origin, compliance reviews, NAFTA, and penalty proceedings. He has been regularly involved in trade law and customs law judicial appeals.

Mr. Applebaum is a former Chairman of the American Bar Association Antitrust Law Section, was the first Chairman of the Editorial Board of ABA Antitrust Law Developments, was Chairman of the Section's Robinson-Patman Act Committee, and has been a member of several Antitrust Section task forces. He is currently a member of the Section's International Antitrust Task Force.

Mr. Applebaum is a lecturer in antitrust law at the University of Virginia Law School. He has written numerous articles on antitrust law and international trade law subjects. He has participated regularly in continuing legal education seminars and programs and has regularly chaired programs on antitrust and trade law topics. For example, he speaks regularly on the Robinson-Patman Act at the PLI Annual Antitrust Institute in New York.

News and Insights

"Best Lawyers Names Covington’s Stuart Eizenstat and Gregg Levy Lawyers of the Year," August 18, 2014

"Covington Receives 196 Individual Mentions in 2013 Edition of Best Lawyers," August 27, 2012

"Covington’s Voorhees Named Chair-Elect of ABA Antitrust Section," September 16, 2011

"Covington Receives 184 Individual Mentions in 2012 Edition of Best Lawyers," September 7, 2011

"Covington Receives 138 Individual Mentions in 2011 Edition of Best Lawyers," August 6, 2010

"Covington Receives 131 Individual Mentions in 2010 Edition of Best Lawyers," August 7, 2009

"Covington Receives 115 Individual Mentions in 2008 Edition of Best Lawyers," September 6, 2007

"Antitrust Implications of Settlements of Antidumping Cases," 2007, International Trade Update, Georgetown Law Center

"May the Seller Restrict What the Buyer Buys and Resells?," 2004, Legal Aspects of Selling and Buying (Tying Arrangements and Exclusive Dealing), Chapter 4 (Third Edition) and regular cumulative supplements

"Robinson-Patman Act," 1972-2007, PLI Annual Antitrust Institute

"The Interface of the Trade Laws and the Antitrust Laws," March 1, 1998, George Mason Law Review

"Antitrust Law: Ninth Circuit Upholds Kodak's Liability for Monopolizing the "Aftermarket" for Servicing of its Equipment but Vacates Some Damages and Modifies Injunction," September 29, 1997, National Law Journal

"Antitrust Law: Sherman Act Can Apply to Criminal Antitrust Actions Taken Entirely Outside the Country, if These Actions Have Foreseeable, Substantial Effect on

U.S. Commerce," April 21, 1997, National Law Journal

"Robinson-Patman Act," 1980-2001, Seminar on Distribution, Law Journal Seminars


The Best Lawyers in America, Antitrust, Commercial Litigation, and International Trade and Finance (2006-2015)

International Who’s Who of Trade and Customs Lawyers (2008-2010)

International Who's Who of Business Lawyers, Trade & Customs (2005-2008)

Chamber's Global, International Trade (2007)

Euromoney's Expert Guide to the World's Leading Lawyers, Competition and Antitrust (2000-2006)


Regulatory and Public Policy


Antitrust Litigation Cartel Defense and Investigations

Litigation and Investigations

Patent Litigation


Harvard Law School, J.D., 1962
- magna cum laude Harvard Law Review, member
- Harvard University Sheldon Traveling Fellowship

Yale University, B.A., 1959
- summa cum laude

Molly Boast is a partner in the Litigation/Controversy and Regulatory and Government Affairs Departments, and a member of the Antitrust and Competition and Government and Regulatory Litigation Practice Groups. She joined the firm in 2011, after serving as Deputy Assistant Attorney General for the Antitrust Division of the US Department of Justice.


Molly Boast joined the firm as a litigator in 2011, after serving as Deputy Assistant Attorney General for the Antitrust Division of the US Department of Justice. She has more than 30 years of experience in both senior federal government positions and private practice.

In her position as Deputy Assistant Attorney General, Ms. Boast was responsible for all civil enforcement investigations, including NBC/Comcast and Oracle/Sun Microsystems, and obtained the Division’s first judicial decision recognizing its authority to seek disgorgement.

Prior to joining the DOJ, Ms. Boast was a partner at Debevoise & Plimpton LLP where she chaired the antitrust practice group. Her practice focused on litigation, white-collar investigations, antitrust counseling and merger review.

From 1999-2001, Ms. Boast served as Deputy Director and then Director of the Bureau of Competition at the Federal Trade Commission. There, she oversaw several competition investigations and enforcement actions during the “merger wave” of the 1990s. Prominent mergers include Exxon-Mobil, BP-Arco, Glaxo-SmithKline, Dow-Union Carbide, and AOL-Time Warner.

From 1988-1999 Ms. Boast was a partner at LeBoeuf, Lamb, Greene & MacRae in New York City, where she chaired the litigation department. Most notably, she argued before the US Supreme Court in Hartford Fire v. State of California in 1993. In 1992, Ms. Boast was appointed Special Assistant United States Attorney General for the Independent Counsel Investigation of Banca Nazionale del Lavoro at the US Department of Justice.

Ms. Boast has spoken at dozens of programs on the topics of antitrust, litigation and women in the law. She is also the author of numerous papers and publications.

Professional Activities

Ms. Boast is admitted to practice in the US District Courts for the Southern and Eastern Districts of New York and the US Courts of Appeals for the First, Second Third, Ninth and Tenth Circuits.

Ms. Boast is a past chair of the Federal Courts Committee of the Association of the Bar of the City of New York. She has previously held positions on the governing bodies of the Antitrust Law and Section of Litigation, and the New York State Bar Association's Antitrust Section. Ms. Boast is the first woman to have chaired the federal courts committees of both the Federal Bar Council and the New York City Bar Association.

Honors & Awards

  • Received the 2013 William T. Lifland Service Award from the NYSBA Antitrust Law Section for distinguished service
  • Recognized by Chambers USA in 2007 and 2009 for her work in the antitrust field
  • Selected for inclusion in the 2007 edition of Legal 500
  • Recognized as a leader in the antitrust field in The Global Competition Review Handbook
  • Highly-recommended in the field of antitrust law in the 2006 edition of PLC Which Lawyer?
  • Recognized in New York Super Lawyers - Metro from 2006-2008 and in 2012 for her work in the antitrust field

Practice Area

  • Litigation/Controversy
    • Government and Regulatory Litigation
  • Regulatory and Government Affairs
    • Antitrust and Competition


JD, Columbia University Law School, 1979, Harlan Fiske Stone Scholar, Jane Marks Murphy Prize

MS, Journalism, Columbia University, 1971

BA, with honors, College of William and Mary, 1970

Bar Admissions

New York

United States Supreme Court

Theodore L. Banks (Ted) is a partner in the firm of Scharf Banks Marmor LLC in Chicago, where his practice concentrates on general corporate and antitrust matters.  He is also President of Compliance & Competition Consultants, LLC, a firm devoted to assisting corporations in development of effective and efficient programs in the areas of corporate compliance, product distribution, internal investigations, and records management.  Formerly, he served as Chief Counsel & Senior Director, Global Compliance Policy, at Kraft Foods in Northfield, Illinois.  During his career at Kraft, his responsibilities also included supervision of complex litigation, negotiation of major corporate transactions, global records management, antitrust, and supervision of computer applications used in the Corporate and Legal Affairs Department.  He is also an Adjunct Professor of Law at Loyola University (Chicago) School of Law, where he teaches corporate compliance.

Throughout his career, Ted directed many substantial corporate transactions and dozens of litigated cases, in antitrust and in other areas.  He supervised the $19 billion acquisition of Nabisco by Kraft, and the $8.7 billion IPO of Kraft Foods Inc.   He currently serves as a compliance monitor on behalf of the Federal Trade Commission and the Competition Bureau of Canada to ensure that respondent companies comply with orders issued by those agencies.

Ted has written numerous articles on antitrust, compliance, and legal automation topics. He co-edited the Corporate Legal Compliance Handbook, published by Aspen/Wolters-Kluwer, and his multi-volume treatise, Distribution Law: Antitrust Principles and Practice, also published by Aspen/Wolters-Kluwer, is now in its second edition.  He is a frequent speaker at professional education programs, where he strives not to bore the attendees too much.

Gil Ohana is Senior Director, Antitrust and Competition for Cisco Systems, the leading manufacturer of networking equipment for the Internet. Gil regularly advises Cisco on antitrust issues relating to mergers and acquisitions, joint ventures, standard setting, distribution, intellectual property licensing, and government investigations, and government and private litigation. Gil writes and speaks regularly on antitrust issues in mergers and acquisitions, as well as IP licensing, standard-setting, antitrust issues in patent litigation, and other subjects at the intersection of antitrust and intellectual property law. He has participated in discussions of standards development organization IPR policies at leading SDOs such as ANSI, ETSI, IEEE-SA, and IETF.

From 1993 through 1996, Gil was a trial attorney with the Antitrust Division of the U.S. Department of Justice, where he participated in the Division's investigation of Microsoft's software licensing practices and its successful court challenge to Microsoft's proposed acquisition of Intuit.

Gil received his law degree from Columbia University, where he was articles editor of the Law Review, and his B.A. from Harvard College. He is admitted to the bars of California and the District of Columbia.

Harvey Saferstein specializes in antitrust and intellectual property counseling and litigation, and complex commercial and business litigation.

Harvey has previously been a partner with various prominent Los Angeles law firms.  He was also the Regional Director of the Federal Trade Commission from 1978 to 1980.

From 1992-1993, Harvey served as President of the State Bar of California.

Currently, Harvey is a Member of the California State Bar’s California Access to Justice Committee.  He has been involved in many other committees with the State Bar of California including, Chair, Board on Discipline and Admission; Vice Chair, Legal Services; Co-Chair, LAW-HELP-LA Task Force; Member, Legal Committee; Member, Labor Relations; Member, Administrative of Justice; and Member of the Antitrust Section Executive Committee.

Harvey also served on the Judicial Council of California from 1993-1997. His committee work entailed participating on the Executive Committee, Rules and Forms Committee, Executive and Planning Committee, and Bench/Bar Coalition. He is an active member in the Ninth Circuit Judicial Conference and American Bar Association Antitrust and Intellectual Property Sections. Other bar activities include service on the Board of Trustee of the Los Angeles County Bar Association (1987-1989), President of the Association of Business Trial Lawyers (1994-95), President of the Legal Aid Foundation of Los Angeles (1987-1989), member of the Harvard Law School Board of Directors (1993-1997), and Vice President of the Disability Rights Legal Center in Los Angeles (2004-present).

Harvey’s litigation activities include trial and appellate counsel in antitrust cases and class actions in federal and state trial and appellate courts. He has also appeared before federal and state agencies and represented various businesses in federal and state investigations into antitrust and consumer protection matters. His counseling work encompasses advising clients on how to comply with state and federal antitrust laws, consumer protection laws, and other business regulations; conducting compliance seminars and programs for major corporations; advising on and conducting Hart-Scott-Rodino compliance and filing procedures in mergers and joint ventures such as the Robinson-Patman Act; and compliance counseling for major advertisers regarding consumer protection laws, intellectual property rights and media law. Harvey's litigation management cases have involved organizing, setting up and hiring personnel for a free-standing "branch" office in Chicago, IL, to represent a Chicago-based client in a hostile takeover. He also coordinated a post-trial team to overturn a $700 million federal antitrust jury verdict.  Harvey also successfully brought and settled a major antitrust/unfair competition case against a national retailer and an international food supplier on behalf of a terminated customer.

Harvey is admitted to practice in California. He received his B.A., Phi Beta Kappa, from University of California at Berkeley in 1965, and earned his J.D. from Harvard Law School, magna cum laude, in 1968, where he was the Executive Editor of the Harvard Law Review. After graduating from law school, Harvey served as a Law Clerk to Chief Judge Bailey Aldrich, U.S. Court of Appeals for the First Circuit, Boston, Massachusetts, and as an Attorney Advisor to Federal Trade Commissioner Philip Elman in Washington, D.C.

Holly House is an Antitrust and Competition partner in the Litigation Department of Paul Hastings. Her practice focuses on antitrust and trade regulation matters as well as complex commercial disputes. Ms. House has successfully represented premier clients as both plaintiffs and defendants in myriad types of commercial, intellectual property and class action disputes, including at several notable trials.

Ms. House is the past chair of the California State Bar’s Antitrust and Unfair Competition Law Section. For the past five years, she has been selected one of the "Top 250 Women in Litigation" nationwide, one of the top 50 women lawyers in Northern California, and a national and local "Litigation Star." She also has been honored as one of the "Top 100 California Women Lawyers” by the Daily Journal every year since 2010, one of the Best Lawyers in America since 2005, and a Northern California “Super Lawyer” since this peer award was first offered. Ms. House has also repeatedly been named one of the top antitrust lawyers in the United States by Chambers USA, where sources single her out as “a reliable and responsive, business-savvy practitioner” and "a long-standing, diligent antitrust attorney -- she commands great respect."

Accolades and Recognitions

  • Benchmark Litigation, Top 250 Women in Litigation (2013–2016)
  • Benchmark Litigation, Local Litigation Star, California (2013–2016)
  • Benchmark Litigation, National Litigation Star (2017)
  • Top (100) Women Lawyers/Top 75 Women Litigators, Daily Journal (2010–2015)
  • Top 50 Women Lawyers, Northern California, Super Lawyers (2011, 2012, 2015, 2016)
  • Best Lawyers in America, leading lawyer in Litigation - Antitrust Law (2005–2016)
  • Chambers USA, leading lawyer in Antitrust (California) (2004, 2007, 2009–2016)
  • Global Competition Review: Who's Who Legal: Leading Practitioner Competition (2016)
  • Super Lawyers, Northern California (2004–2015)
  • Oracle v. SAP — Top Plaintiff Verdict, Daily Journal (2011)
  • Super Lawyers Corporate Counsel Edition, Top Attorney in Corporate Litigation (Antitrust) (2009)
  • PLC Cross-Border Competition and Leniency Handbook, prominent practitioner in the antitrust field (2007–2009)

Professional and Community Involvement

  • Bar  Association of San Francisco, Chair – Complex Litigation Executive Committee (2016–2017); Vice-Chair (2015–2016); Secretary (2014–2015)
  • San Francisco Intellectual Property Law Association – Board Director (2015–2016)
  • Adviser, State Bar of California’s Antitrust and Unfair Competition Section (2005–present)
  • Chair of Executive Committee, State Bar of California’s Antitrust and Unfair Competition Section (2004–2005)
  • First vice chair, vice chair (Golden State Institute), secretary-treasurer and editor of Competition, Executive Committee, State Bar of California’s Antitrust and Unfair Competition Section (past)
  • ABA Antitrust Section

Jan McDavid is a partner in the Washington, D.C. office of Hogan Lovells, where she is co-chair of the antitrust practice.  She focuses on antitrust and trade regulation litigation and counseling, with a particular emphasis on government investigations, litigation, and legislation.  She has served as counsel in a number of significant antitrust matters, including for SAB Miller in its proposed transaction with ABInBev, Alstom is its transaction with GE, Verizon in its joint venture with Comcast and other cable TV companies, Verizon’s acquisition of Terremark, American Express in its acquisition of Revolution Money, Mandalay Resort Group in its merger with MGM Mirage, Mobil Corporation in its merger with Exxon, Carnival Corporation in its acquisition of P&O Princess, Ford in the formation of several joint ventures, American Express in the Justice Department's investigation and successful litigation against Visa and MasterCard, EMI in the Justice Department’s investigation of online music, and General Dynamics in its many defense industry transactions.

She is Co-Chair of the International Bar Association Antitrust Committee 2016-17.  She is a Past Chair of the Section of Antitrust Law of the American Bar Association.  She is a Non-Governmental Advisor to the International Competition Network.  She was a member of the Governing Committee of the ABA Forum on Franchising.  She is the author or co-author of many books and articles involving antitrust law, including the Antitrust Evidence Handbook, Mergers & Acquisitions and Antitrust & Trade Associations Practice Guide, all published by the ABA Antitrust Section, Antitrust Investigations: Successfully Managing Your Relationship with Agency Staff and Increasing Your Chances for Approval; New Merger Guidelines Emphasize Flexibility; Damages Cases in Europe, Dominant Firm Conduct, Merger Review Processes in the United States and the European Union: A Comparison, How to Avoid Negotiations on Second Requests, Antitrust Law: Intersection with IP, The Defense of Mergers in the Defense Industry, Antitrust Issues in Health Care Reform, and The 1992 Horizontal Merger Guidelines:  A Practitioner's View of Key Issues in Defending a Merger.  She is a frequent speaker on antitrust issues.

Ms. McDavid was an Advisor to the Transition Team for the Federal Trade Commission for the Obama Administration in 2008 and for the Bush Administration in 2001 and was a member of the Transition Team for the FTC for the Clinton Administration in 1992.  She also served as Co-Chair of the ABA Antitrust Section's Transition Task Force, which provided advice to the Obama Administration, and its Task Force on Competition Policy, which provided advice on antitrust issues to the Clinton Administration.  In 1993-94, she was a member of the Department of Defense Antitrust Task Force, which was appointed by the Secretary and the General Counsel of the Defense Department to advise on antitrust issues involved in defense industry mergers and joint ventures.  In 1996-97, she was a member of a Department of Defense Task Force to evaluate issues raised by Vertical Integration and Supplier Decisions among defense contractors.

Patricia Conners is currently Associate Deputy Attorney General under Florida Attorney General Pam Bondi, responsible for many of the Office's enforcement and litigation initiatives, among other things. In that capacity, she oversees the Antitrust, Economic Crimes, Lemon Law and Civil Rights Divisions. She also is currently supervising the state's legal and enforcement response to the Deepwater Horizon oil spill disaster and was the supervising attorney representing Florida in the multistate negotiations with the five major mortgage servicers over various issues arising from the foreclosure crisis. Those negotiations concluded earlier this year with a 49-state $25 billion settlement, of which Florida, as one of the hardest-hit states, received $8.7 billion. Ms. Conners continues to serve as the Director of the Antitrust Division for the Attorney General's Office, where, since 1995, she has been responsible for implementing and overseeing the Attorney General's state and federal antitrust enforcement efforts.

She is board-certified in Antitrust and Trade Regulation by the Florida Bar and is a past chair of the Antitrust and Trade Regulation Certification Committee of the Florida Bar. She is also active in the Antitrust Law section of the ABA, where she has held a variety of leadership positions.

She was Chair of the NAAG Multistate Antitrust Task Force from 2001 to 2005, a position through which she coordinated multistate antitrust enforcement efforts and developed and ensured the implementation of policy related to Task Force initiatives.

Ms. Conners received both her undergraduate and J.D. degrees from the University of Florida.

Peggy Zwisler is a partner in the Litigation Department of Latham & Watkins' Washington, D.C. office. She is the immediate past Global Co-chair of Latham's nationally recognized Antitrust & Competition Practice.

Ms. Zwisler is an antitrust litigator with more than 35 years of experience. She has successfully represented antitrust defendants in numerous trials and achieved significant victories for them through both procedural and substantive dispositive motions. She is nationally recognized as one of the leading class action defense lawyers in the country, and has represented companies in antitrust class actions that involve, among other products, motor vehicles, chemicals, artificial teeth, contact lenses, graphics processing units, residential doors, grain, smokeless tobacco, insulation, pharmaceuticals and plumbing fixtures.

Recently, Law360 named Ms. Zwisler to its list of the 15 top female trial attorneys in the country. The Legal 500 US has twice listed Ms. Zwisler as one of the ten leading antitrust litigation lawyers in the United States, calling her “a very skilled practitioner” and noting that she is "lauded by clients for her skills in the courtroom.” She has been named a leading attorney in Chambers USA, Euromoney Benchmark Litigation and Global Competition Review's “Who's Who of International Competition Lawyers” as well as on its list of “Leading Women in Antitrust.” Ms. Zwisler was named one of the leading lawyers in the United States and one of the country's leading trial lawyers by Lawdragon Magazine, and the Legal Times named her as one of the leading business litigators in the Washington, D.C. area. In 2012, Ms. Zwisler was named a “Client Service All-Star,” in BTI Consulting Group’s annual survey of US corporate leaders asked to identify lawyers that represent client service excellence. Additionally, Ms. Zwisler was selected for inclusion on the 2013 Washington, D.C. Super Lawyers list which recognizes individuals who have distinguished themselves in their legal practice.

Bar Qualification

District of Columbia


JD, George Washington University Law School, 1976
High Honors

BA, Saint Mary's College, Notre Dame, Indiana, 1971
cum laude

Senior Advisor, New York

Rachel Brandenburger is a Senior Advisor in Hogan Lovells' Antitrust, Competition and Economic Regulation practice. She is recognized as a leading international antitrust and competition law and policy advisor. Rachel is a foreign legal consultant in New York and a qualified solicitor in England and Wales.

Rachel focuses on proceedings before European and other international antitrust agencies. She has appeared before antitrust, competition, and regulatory agencies around the world in matters involving investigations into mergers, anti-competitive practices, monopolization or dominant positions, and cartels.

From 2010 to 2013, Rachel was Special Advisor, International to the Antitrust Division of the U.S. Department of Justice (DOJ). She advised on many Antitrust Division matters that involved extensive cooperation efforts between the Antitrust Division and its international counterparts, including the Deutsche Boerse/NYSE transaction, the merger between United Technologies Corporation and Goodrich Corporation, the eBooks investigation, revised best practices regarding cooperation in merger investigations with the European Commission, and memoranda of understanding with the Chinese and Indian antitrust agencies.

Rachel was also a partner at a leading international firm where she lead many cases involving investigations into mergers, anti-competitive practices, monopolization or dominant positions, and cartels before the European Commission, the UK competition and regulatory agencies, and other antitrust, competition and regulatory agencies around the world.

Rachel is a frequent speaker on international antitrust and competition law and policy issues, and the author or co-author of many papers and publications on these issues. She is also a member of the editorial boards of Competition Policy International's Antitrust Chronicle and the International Bar Association's Competition Law International. Currently, she serves as Non-Governmental Advisor to the International Competition Network.

She is listed as a leading international antitrust and competition law and policy advisor in many guides and directories and named as one of the top 20 such advisors globally.


"Streamlining the Chinese merger control process - further implementing rules issued." Hogan Lovells (21 April 2014)


Government Regulatory
Antitrust, Competition and Economic Regulation


B.A., with honors, University of Oxford, St Hilda's College, 1976


U.S. Department of Justice's Antitrust Division Award of Distinction, 2011


  • Non-Governmental Advisor, International Competition Network
  • Member, U.K. Department of Trade and Industry's Panel of Experts on the Modernization of EU Law
  • Member, American Bar Association (ABA), 1996-Present; Member, ABA Section of Antitrust Law's International Task Force, 2005-2009, 2012-Present; non-U.S. Representative on the Council of the Section of Antitrust Law, 2010-2013; Member, Section's Long Range Planning Committee, 2009-2010; Member, Presidential Transition Report Task Force, 2008-2009
  • Member, International Bar Association, 1996-Present; Member, Extraterritorial Jurisdiction Task Force, 2007-2008
  • Member, Competition Group of The Law Society of England and Wales, 1988 - Present; Chair, 2000-2001


England and Wales

Saul Morgenstern represents clients across a broad spectrum of industries in complex antitrust and other commercial disputes, class actions and multijurisdictional litigation before US federal and state courts, international arbitral tribunals, and in US government, state and foreign investigations. He also advises US and global companies with respect to the antitrust implications of mergers, acquisitions, joint ventures, trade association activities, distribution and pricing programs and other aspects of competitor and customer relations.

Mr. Morgenstern speaks and writes regularly on antitrust and compliance issues facing US and multi-national businesses, and most recently Co-Chaired the Practising Law Institute's two-day program "Antitrust Law Institute 2016: Developments and Hot Topics" held in New York City on May 4 and 5, 2016.

Experience Antitrust/Competition

  • Generic pharmaceuticals manufacturer in defense of wholesaler (direct purchaser) and third party payor (indirect purchaser) class actions in several federal district courts, in which plaintiffs allege that the company conspired with several other generic drug makers to increase prices of a number of different generic drugs, creams, lotions and ointments. (US District Courts, SDNY, DNJ and EDPa).
  • Pfizer and Warner-Lambert against claims brought by the State of Louisiana that Pfizer and Warner-Lambert delayed the introduction of generic versions of Neurontin® by bringing alleged “sham” litigation to enforce patents, causing the State Medicaid Agency to overpay for branded Neurontin®, allegedly in violation of Louisiana anti-monopoly and other laws. State of Louisiana v. Pfizer Inc. and Warner-Lambert Company, LLC (19th Judicial Dist. Ct., Parish of East Baton Rouge).
  • Penguin Group in actions brought by defunct electronic book resellers claiming to have been forced out of business as a result of an alleged conspiracy among Apple, Inc. and five major publishers to shift the sale of electronic books to an “agency model” distribution methodology. All three cases were dismissed on the defendants’ motions for summary judgment, and two of the plaintiffs – Abbey House Media and Diesel Books LLC, are appealing from those judgments. Abbey House Media, Inc. d/b/a BooksOnBoard v. Apple, Inc.; Diesel Ebooks, LLC v. Apple, Inc.; DNAML PTY, Limited v. Apple, Inc. (US District Court, SDNY).
  • Brand name pharmaceutical manufacturer against third party payor health plans claims that it brought so-called “sham” litigation to enforce patents in an effort to impede generic competition. United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, et al. v. Novartis Pharmaceuticals Corporation, et al. (US District Court, D. Mass.).
  • Penguin Random House LLC in successful defense of a class action complaint brought in the US District Court for the Southern District of New York by retail booksellers, alleging that and major publishers of electronic books conspired to prevent retail booksellers from selling electronic books by agreeing to use digital rights management software proprietary to Amazon, which prevents Kindle owners from purchasing electronic books from sources other than Amazon. On a motion to dismiss, obtained dismissal with prejudice of all claims against defendant publishers. The Bookhouse of Stuyvesant Plaza, et al. v. et al. (US District Court, SDNY).
  • King Pharmaceuticals LLC in several federal and state class actions alleging that manufacturer conspired with a potential generic entrant to delay or block generic entry in violation of Section 1 of the Sherman Act and certain state antitrust, unfair trade practices and related laws. Defeated motions for class certification by plaintiffs seeking to represent classes of Indirect Purchasers for Resale (e.g., pharmacies) and End Payor Indirect Purchasers (e.g., health insurers, pharmacy benefit managers, consumers), successfully resolved remaining "opt-out" plaintiffs cases and currently defending related actions in state court.
  • Major railroad, serving as co-counsel, in several nationwide class action antitrust law suits against major US railroads alleging collusion to fix fuel surcharges on freight shipments in violation of the Sherman Act. In Re Rail Freight Fuel Surcharge Antitrust Litigation (US District Court., DDC).
  • Random House, Inc. in connection with US Department of Justice investigation into the adoption of “agency” as a means of distributing electronic books (which culminated in actions filed in the US District Court for the Southern District of New York by the DOJ against Apple, Inc. and five publishers other than Random House); and defense of Random House in originally-filed consumer class actions (Random House dropped from the cases upon filing of a consolidated class action complaint). In re Electronic Books Antitrust Litigation.
  • Novartis AG with respect to the competition law issues associated with its July 2012 US$1.5 billion acquisition of a competing dermatologics company, Fougera Holdings, Inc., and represented the company before the Federal Trade Commission to obtain clearance for the acquisition. Novartis Acquisition of Fougera Holdings, Inc.
  • Brand name prescription drug manufacturer in obtaining summary judgment on behalf of it and its codefendants, dismissing on the merits an action by California retail pharmacies alleging a conspiracy to fix prices in violation of the Cartwright Act, California’s state antitrust law. Summary judgment was affirmed by the California Court of Appeal and, on November 28, 2012, the California Supreme Court denied plaintiffs’ Petition for Leave to Appeal. On June 3, 2013, the United States Supreme Court denied plaintiffs’ Petition for a Writ of Certiorari. Clayworth, et al. v. Pfizer Inc, et al. (Superior Court of California, Alameda County).
  • Novartis AG in connection with competition and regulatory approval aspects of its February 2010 acquisition of Corthera, Inc., a privately-held biopharmaceutical company engaged in the research and development of Relaxin, for US$120 million, with Corthera's shareholders being eligible for additional payments of up to US$500million contingent upon successful development and commercial milestones, and assisted the company in obtaining early termination of Federal Trade Commission review of the transaction. Novartis Acquisition of Corthera, Inc.
  • Pfizer Inc and its codefendants in obtaining summary judgment, dismissing all damages claims by representative plaintiffs in price discrimination actions brought by several thousand independent pharmacies against a group of major brand name prescription drug manufacturers. Drug Mart Pharmacy Corp., et al. v. American Home Products Corp., et al. (US District Court, EDNY).
  • Together Rx LLC and its founding members, in obtaining voluntary dismissal of horizontal antitrust claims asserted in private third-party payor and Medicare beneficiary class actions as well as all consumer fraud and Medicaid fraud claims against the firm’s client asserted by the same plaintiffs. In re Pharmaceutical Industry Average Wholesale Price Litigation (US District Court, D. Mass).
  • Market maker in multi-district class actions alleging agreements restricting multiple listing of options, in violation of the Sherman Act. In re Stock Options Trading Antitrust Litigation (US District Court, SDNY).
  • Union Oil Company of California and its parent in multi-district class actions in which plaintiffs allege that information-sharing in the oil and petrochemical industries retarded salary growth in violation of the Sherman Act. The plaintiffs’ two motions for class certification were denied in 2003 and 2006. In re Compensation of Managerial, Professional and Technical Employees Antitrust Litigation (US District Court, DNJ).
  • Major publishers of consumer magazines in successfully obtaining a favorable resolution in multi-district class actions, in which plaintiffs claimed that the publishers, along with their trade association, fixed the prices at which subscriptions were sold. In re Magazine Antitrust Litigation (US District Court, SDNY).

Commercial Litigation

  • Major multi-national pharmaceutical manufacturer in obtaining the reversal of a US$33 million jury verdict and judgment in a Medicaid fraud action brought by the State of Alabama against the client. In Novartis Pharmaceuticals Corporation v. State of Alabama (Supreme Court of Alabama), we led a team of national and Alabama counsel and the Alabama Supreme Court reversed, finding that the case should never have been put to the jury in light of the documentary record presented at trial, and ordered judgment entered on behalf of the defendant-appellant.
  • Pharmaceutical manufacturer in actions brought by or on behalf of state Medicaid agencies asserting that prescription drug manufacturers reported inaccurate pricing benchmarks, allegedly violating various of their individual state fraud, consumer protection and other laws. Cases include State of Alaska v. Alpharma, Inc., et al.; State of Idaho v. Aventis Pharmaceuticals Inc., et al.; State of Illinois v. Abbott Labs, Inc., et al.; Commonwealth of Kentucky v. Alpharma, Inc., et al.; State of Louisiana v. Abbott Labs, Inc., et al.; State of Mississippi v. Abbott Labs, Inc., et al.; State of Oklahoma v. Abbott Labs, Inc., et al.; and State of Wisconsin v. Amgen, Inc., et al.
  • Property and casualty insurer, which provided property insurance on the World Trade Center complex, in a summary judgment motion and interlocutory appeal to the Second Circuit by the lessees, lenders and owners seeking a ruling that, as a matter of law, the attack and destruction of the complex on September 11, 2001 constituted two occurrences for insurance coverage purposes in the case SR International Business Insurance Co. Ltd. v. World Trade Center Properties LLC, et al. (US Court of Appeals for the Second Circuit).

International Arbitration and ADR

  • Group of minority shareholders in a Danish telecommunications company in an international arbitration proceeding conducted in Brussels by the International Chamber of Commerce, International Court of Arbitration against a major European telecommunications and internet services provider and certain of its affiliates in connection with their breach of an agreement to buy certain of the minority’s interests. Obtained an award of approximately €60 million plus interest, attorneys’ fees and costs on behalf of the group of minority shareholders.
  • Danish Finance Ministry and a consortium of investors in a Danish telecommunications company to enforce certain minority rights pursuant to corporate governance and shareholder agreements under Danish law, in an international arbitration proceeding conducted by the International Chamber of Commerce, International Court of Arbitration. Obtained favorable resolution prior to hearing.
  • Irish software manufacturer in efforts to obtain injunctive relief in two courts and obtained a favorable resolution through international mediation of dispute regarding international licensing agreement in the case Mindscape, Ltd. v. Riverdeep Group, plc (International Centre for Dispute Resolution; US District Court, D. Mass.; N.Y. Supreme Court, N.Y. County).


  • Chambers USA
    Antitrust (New York) (2012-2015)
  • LMG Life Sciences
    "Life Sciences Star" (2012-2016)
    Antitrust Litigator of the Year Award (2015)
  • U.S. News & World Report and Best Lawyers
  • PLC Which lawyer?
  • Competition and Antitrust Expert Guide (2014)
  • Global Competition Review
    Leading Antitrust Practitioner (2009, 2012-2013)
  • Best Lawyers
    Antitrust Law (2005-2016)
  • Who's Who Legal: Competition (2015)

Professional and Community Activities

  • Section of Antitrust—Editorial Board, Antitrust Law Developments (2009—); Price Discrimination Committee, Vice Chair (2006–2009); Trade Associations Committee, Vice Chair (2002–2005), Section of Intellectual Property. Section of Litigation. American Bar Association
  • Antitrust Law Section (Chair, 2007; Executive Committee, 2001–present); Special Committee on Sarbanes-Oxley Issues (2005–2006), New York State Bar Association
  • Committee on Lawyers' Quality of Life, (1997–2000); Committee on Federal Legislation (1991–1993); Committee on Professional Responsibility (1988–1991), Association of the Bar of the City of New York
  • Public Service Committee (2002–2007), Federal Bar Council (Second Circuit)
  • The Trademark Reporter Editorial Board (1994–2000), Publications Committee (1992–1994), International Trademark Association
  • Board Member (Chairman 1998–2003), Martin Luther King, Jr. High School Community Advisory Board
  • Board Member (1999–2002), National Center on Addiction and Substance Abuse at Columbia University Institutional Review Board

Areas of Focus

  • Antitrust/Competition
  • Antitrust Litigation
  • Commercial Litigation
  • Intellectual Property


  • JD, Hofstra University School of Law, 1981, with distinction
  • BS, Boston University, 1974


  • New York
  • Supreme Court of the United States
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Seventh Circuit
  • US District Courts for the Southern, Eastern, and Western Districts of New York
  • US District Court for the Northern District of New York
  • US District Court for the Southern District of California
  • US District Court for the Southern District of Illinois

Stephen Neuwirth

Practice Areas

Antitrust and Trade Regulation
Appellate Practice
Class Action Litigation
Plaintiffs' Litigation
Securities Litigation
Transnational Litigation


Stephen Neuwirth chairs Quinn Emanuel’s Antitrust and Competition Law practice, recognized by Law360 in 2011 as one of the top five competition law practices in the country. (Law360 also recognized Mr. Neuwirth as one of eight competition law “MVPs” nationwide in 2012.) Mr. Neuwirth handles a broad range of litigation matters, with particular emphasis on antitrust, contract disputes, corporate governance, class actions, and matters arising from transactions between foreign and U.S. businesses. Mr. Neuwirth brings to bear over two decades of experience in private practice and government, including serving as Associate White House Counsel to President Clinton from 1993-1996. In 1998, the U.S. Department of Justice retained Mr. Neuwirth to assist in the Antitrust Division’s litigation against Microsoft Corporation. Mr. Neuwirth is the rare lawyer with a “blue chip” practice on both sides of the “v,” representing major corporations as plaintiffs and defendants in individual and class actions. Chambers USA (2008) described Mr. Neuwirth as “renowned for his deep understanding of corporate transactions and antitrust matters.” Mr. Neuwirth appears in the 2013 edition of The Best Lawyers in America.

Representative Clients

Barnes & Noble, Inc.
Grupo Televisa
Harley Davidson, Inc.
The Home Depot
Honeywell International, Inc.
IBM Corporation
Madison Square Garden
Olin Corporation
Unisys Corporation

Notable Representations

As lead counsel for Mexico's Grupo Televisa, the world's largest Spanish-language media company, won federal preliminary injunction blocking JPMorgan from transferring to a Televisa competitor a $200 million interest in a loan JPMorgan had made to Televisa's cable television business.

Co-lead counsel for Barnes & Noble, Inc., in defense of state and federal derivative actions concerning the company’s stock option practices, and related matters.

Lead counsel for Mexico’s Grupo Televisa in its successful Eleventh Circuit appeal of a district court ruling that had dismissed Televisa’s tortious interference with contract claims against rival Telemundo Communications, Inc.; a unanimous panel of the Eleventh Circuit ruled that Televisa could pursue both damages and punitive damages under Florida law.

Lead counsel for IBM in its successful defense of class action antitrust claims. Lead trial and appellate counsel for FEMSA, which obtained a preliminary injunction, upheld by the U.S. Court of Appeals for the Second Circuit, blocking a proposed $300 million transaction by the U.S. joint venture partner of FEMSA’s U.S. subsidiary.

As court-appoint co-lead counsel for plaintiffs, won certification of a nationwide class of direct purchasers of flexible polyurethane foam (used in furniture, bedding and carpet underlay, among other things), in federal multidistrict litigation alleged that the major polyurethane foam manufacturers conspired to fix prices.

For Honeywell International, won dismissal of all claims by a disgruntled former distributor that sued in federal court.

Secured voluntary dismissal of all claims against client Rabobank in the federal multidistrict litigation alleging a bid-rigging conspiracy in the market for municipal derivatives.


Yale Law School
(J.D., 1987)

Yale College
(B.S., summa cum laude, Phi Beta Kappa, 1984)

Prior Associations

Boies, Schiller & Flexner:
Partner, 1996-2005

Associate White House Counsel to the President of the United States, 1993-1996

Wachtell, Lipton, Rosen & Katz:
Associate, 1988-1993

Law Clerk to the Hon. Peter K. Leisure:
United States District Judge, Southern District of New York, 1987-1988


Member, The State Bar of New York; United States Court of Appeals: Second Circuit, Third Circuit, Fourth Circuit, Eleventh Circuit; United States District Court: Southern District of New York, Eastern District of New York

Yvonne Quinn is a member of the Firm’s Litigation Group and one of two partners in charge of coordinating the Firm’s Antitrust Group. Her practice focuses on antitrust litigation, merger analysis and review, and counseling work.

Ms. Quinn’s clients include leading commercial banks, equity funds, investment banks, insurance companies, cable television operators, television programming suppliers, newspapers, publishers, sports franchise owners, advertising sales and healthcare companies, pharmaceutical and chemical companies, and many others.

Ms. Quinn has been a co-chair of the Practising Law Institute’s Annual Antitrust Law Institute in New York since 2001 and has taught the mergers and acquisitions portion of the Institute since 1995. She is a member of the Executive Committee of the Antitrust Section of the New York State Bar Association and a vice chair of the Financial Services Committee of the Antitrust Section of the American Bar Association. From 1989 to 1992, she was the chair of the Antitrust and Trade Regulation Committee of the Association of the Bar of the City of New York.

Ms. Quinn has been recognized as a leading antitrust practitioner in Euromoney’s Benchmark: America’s Leading Litigation Firms and Attorneys (2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016); Chambers USA (2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016); Chambers Global (2003, 2004, 2005, 2011, 2012, 2013, 2014, 2015);  The Legal 500 United States (2007, 2009, 2011, 2012, 2013, 2014, 2015); Law Business Research’s The International Who’s Who of Competition Lawyers (2004, 2005, 2006, 2007, 2009) and The International Who’s Who of Business Lawyers (2005, 2006, 2007, 2009); Euromoney’s Guide to the World’s Leading Competition and Antitrust Lawyers (2002, 2006, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016); The Best Lawyers in America (2007, 2008, 2009, 2010, 2011,2012, 2013, 2014, 2015, 2016, 2017); and Lawdragon 500: Leading Lawyers in America (finalist), among other guides to the legal profession.


1977, University of Michigan, M.A.

1976, University of Michigan Law School, J.D.

1973, University of Illinois, B.A.

Dave’s practice focuses on a broad range of antitrust matters, including merger reviews, litigation, government investigations, and counseling regarding various business practices. He returned to Cleary Gottlieb in July 2016 after serving for three years as the Deputy Assistant Attorney General for Litigation of the Antitrust Division of the U.S. Department of Justice, where he oversaw the Division’s litigation efforts.

During his time at the DOJ, the agency was active in litigating cases, including merger challenges against American Airlines/US Airways, General Electric/Electrolux, and Halliburton/Baker Hughes. Dave was the lead litigator in Halliburton/Baker Hughes, which was abandoned by the parties after one month of litigation. He was closely involved in the GE/Electrolux lawsuit, which GE abandoned after a month-long trial. He also oversaw the merger review of Comcast’s proposed acquisition of Time Warner, which was abandoned after the DOJ and the FCC informed the parties that they had significant competitive concerns.

In 2016, The National Law Journal named him an antitrust “Trailblazer.” Prior to joining the DOJ in 2013, Dave was distinguished as one of the leading antitrust lawyers by Chambers Global, Chambers USA, The Legal 500 U.S., and Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms and Attorneys.

Dave received his J.D. from Georgetown University Law Center, summa cum laude, and his B.S. from University of Pennsylvania, Wharton School of Business, magna cum laude.

Former FTC Commissioner (7 year term); antitrust litigator (40 plus years) first at the McCutchen firm and then at the Latham firm; Fellow American College of Trial Lawyers since 1988; chair of both the ABA Antitrust Section and the California State Bar Antitrust and Consumer Protection Section; California Antitrust Lawyer of the Year 2003.

Mr. Taylor is the founder and owner of RPT Legal Strategies PC in San Francisco and Silicon Valley, providing legal advice to businesses and investors with respect to litigation, antitrust, intellectual property and related fields of law.  For more than 40 years, he has served as lead counsel in numerous antitrust and/or patent cases involving a wide range of technologies and industries.  He has also represented companies and/or their investors with respect transactions involving these areas of practice.  He has written and lectured extensively on both antitrust and intellectual property issues.

Mr Taylor is a fellow of the American College of Trial Lawyers.  He is a former chair of the Antitrust Section of the American Bar Association (1991-92).  He was a member of the Advisory Commission on Patent Law Reform, whose report was presented to the US Secretary of Commerce in 1992, proposing certain changes in U.S. patent laws.  He is a Lifetime Member of the American Law Institute.  For a number of years, he has served as co-chair of the Antitrust Committee of Intellectual Property Owners Association and as a member of their Amicus Committee.

Mr. Taylor holds a Bachelor of Science degree in Electrical Engineering from the University of Arizona, where he was elected to Tau Beta Pi.  He holds a Juris Doctor degree from Georgetown University, where was an editor of the Georgetown Law Journal.

Maureen K. Ohlhausen was sworn in as a Commissioner of the Federal Trade Commission on April 4, 2012, to a term that expires in September 2018. Prior to joining the Commission, Ohlhausen was a partner at Wilkinson Barker Knauer, LLP, where she focused on FTC issues, including privacy, data protection, and cybersecurity. Ohlhausen previously served at the Commission for 11 years, most recently as Director of the Office of Policy Planning from 2004 to 2008, where she led the FTC’s Internet Access Task Force. She was also Deputy Director of that office. From 1998 to 2001, Ohlhausen was an attorney advisor for former FTC Commissioner Orson Swindle, advising him on competition and consumer protection matters. She started at the FTC General Counsel’s Office in 1997.

Before coming to the FTC, Ohlhausen spent five years at the U.S. Court of Appeals for the D.C. Circuit, serving as a law clerk for Judge David B. Sentelle and as a staff attorney. Ohlhausen also clerked for Judge Robert Yock of the U.S. Court of Federal Claims from 1991 to 1992. Ohlhausen graduated with distinction from George Mason University School of Law in 1991 and graduated with honors from the University of Virginia in 1984.

Ohlhausen was on the adjunct faculty at George Mason University School of Law, where she taught privacy law and unfair trade practices. She served as a Senior Editor of the Antitrust Law Journal and a member of the American Bar Association Task Force on Competition and Public Policy. She has authored a variety of articles on competition law, privacy, and technology matters.