Heather Kafele is a partner in the Washington, D.C. office of Winston. She has extensive experience in complex litigation, investigations, and regulatory proceedings with a particular emphasis on complex antitrust, competition and consumer issues. She has represented plaintiffs and defendants in a variety of antitrust cases, including monopolization, price-fixing (cartel), predatory pricing, bundling, tying, false advertising, unfair competition and leveraging cases. Ms. Kafele also has handled worldwide internal investigations of cartel activity. She frequently represents companies and individuals in criminal cartel cases before the Department of Justice. Ms. Kafele has launched a website that monitors international cartel enforcement at www.carteldigest.com and frequently counsels and speaks on anti-cartel compliance. In addition to antitrust litigation, Ms. Kafele also represents clients in a variety of commercial litigation and arbitration matters, including bankruptcy cases, contract disputes, false advertising cases, judgment enforcement matters, and foreign corrupt practices act investigations.
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The US Federal Trade Commission (“FTC”) has revised and, once again, raised the thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”). The HSR Act may require that parties to proposed stock or asset acquisitions exceeding certain thresholds file (...)
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Few courts have addressed antitrust challenges to pharmaceutical “product hopping,” i.e., the practice of shifting customers from a drug nearing the end of its patent protection to a modified version that is covered by newer patents and thus is protected from generic competition for a longer (...)
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In a ruling on February 13, the FTC unconditionally approved the Zillow-Trulia merger after an intensive six-month antitrust review. Despite reported concerns “that the merger might concentrate too much power in one company,” the FTC ultimately decided to “bless” the Zillow-Trulia combination. (...)
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This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Seventh Circuit Court of Appeals ruled that Motorola cannot recover overcharges to its non-U.S. subsidiaries that purchased price-fixed LCD panels abroad, (...)
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On March 14, 2013, a federal jury in Brooklyn, New York returned a verdict in In re Vitamin C Antitrust Litigation, No. 1:06-md-1738 (E.D.N.Y.), finding that two Chinese companies had unlawfully fixed prices and controlled the supply of vitamin C exports from China to the United States. (...)
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This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Passive Investors Beware: Recent FTC Fine Affirms Narrow Scope of HSR Exemption * In fining Biglari Holdings $850,000 for failing to file a premerger (...)
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