Kathryn M. Fenton

Jones Day (Washington DC)
Lawyer (Partner)

Kathy Fenton represents clients in a broad range of industries, advising on merger reviews, defending government investigations, and counseling on complex business transactions. Representative clients include Airlines Reporting Corporation, Bayer, CBS, Chevron, DirecTV, Liberty Media, Procter & Gamble, Reynolds American, SABMiller, and Sirius XM. Kathy served as chair of the American Bar Association Section of Antitrust Law in 2007-2008. She previously served the Antitrust Section as committee officer, secretary, publications officer, council member, and editorial chair of the Antitrust Law Journal. She is a Fellow of the American Bar Foundation. Kathy also is a member of the District of Columbia Bar Association, where she has served as a member and chair of the Rules of Professional Conduct Review Committee and of the Legal Ethics Committee. She is a frequent lecturer and author on antitrust and competition issues.

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Jones Day (Washington DC)
Jones Day (Houston)
Alston & Bird (Washington DC)
Jones Day (Washington DC)
Jones Day (Cleveland)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
Jones Day (Washington DC)
Jones Day (Washington DC)

Videos

Kathryn Fenton - Jones Day
Kathryn M. Fenton 29 May 2015 Washington, DC

Articles

8608 Bulletin

Katherine Brockmeyer, Michelle K. Fischer, Kathryn M. Fenton The US Court of Appeals for the Third Circuit affirms directed verdict following rare price discrimination trial (Spartan Concrete Products / Argos USVI)

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Failure to show antitrust injury proved fatal to price discrimination claims as the Third Circuit affirmed a directed verdict in favor of cement company, Argos USVI, in a case brought by its customer, ready-mix concrete company Spartan Concrete Products ("Spartan"). This decision highlights (...)

Kathryn M. Fenton, Michael H. Knight, J. Bruce McDonald, Ryan C. Thomas, Thomas D. York The U.S. District Court of Columbia rejects the Government’s challenge to a vertical merger between an entertainment company and a distribution company (AT&T / Time Warner)

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Court Rejects DOJ Antitrust Challenge to AT&T/Time Warner* After eighteen months of investigation and litigation, a federal district court has rejected the Justice Department’s challenge to AT&T’s $108 billion acquisition of Time Warner Inc. Although the government could appeal, the (...)

J. Bruce McDonald, Kathryn M. Fenton, Michael H. Knight, Nathaniel J. Harris , Ryan C. Thomas, Thomas D. York The US FTC publishes a blog post reminding merging parties to avoid creating antitrust liability through the exchange of competitively sensitive information during merger negotiations

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In Short The Situation: The Federal Trade Commission ("FTC") recently published a blog post reminding merging parties to avoid creating antitrust liability through the exchange of competitively sensitive information during merger negotiations and due diligence. The Risk: Information-sharing (...)

Geoffrey D. Oliver, Kathryn M. Fenton, Matt Evans, Michelle K. Fischer, Peter J. Wang The US FTC and the DOJ publish for public comment proposed Antitrust Guidelines for International Enforcement and Cooperation

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The Federal Trade Commission and the Department of Justice have published for public comment proposed Antitrust Guidelines for International Enforcement and Cooperation ("2016 Proposed Guidelines"). This would be the third iteration of international enforcement guidelines, following the (...)

J. Bruce McDonald, Kathryn M. Fenton, Paula W. Render The U.S. Department of Justice recommends a significantly reduced fine for an auto parts manufacturer accused of bid-rigging and price-fixing (Kayaba Industry)

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The U.S. Department of Justice has recommended a significantly reduced fine for an auto parts defendant accused of bid-rigging and price-fixing, based largely on the defendant’s having quickly instituted a rigorous antitrust compliance program – even though only after the government initiated its (...)

David P. Wales, J. Bruce McDonald, John M. Majoras, Kathryn M. Fenton, Michelle K. Fischer, Ryan C. Thomas, Stephen J. Squeri The U.S. Department of Justice Antitrust Division considers individual civil enforcement actions against executives implicated in corporate wrongdoing (Yates Memo)

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The U.S. Department of Justice Antitrust Division will consider individual civil enforcement actions against executives implicated in corporate wrongdoing, according to recent comments by DOJ Assistant U.S. Attorney General Bill Baer. His comments follow a September 2015 memo, "Individual (...)

David P. Wales, Kathryn M. Fenton, Michael H. Knight, Paula W. Render, Thomas D. York The Federal Trade Commission revises the Merger rules which implements automatic atay of Administrative litigation when Agency loses preliminary injunction in Court

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One important procedural difference between merger challenges by the U.S. Department of Justice and the Federal Trade Commission is that FTC may challenge a non-consummated merger through both a district court preliminary injunction and administrative litigation (Part 3 adjudication). Recent (...)

J. Bruce McDonald, Kathryn M. Fenton The 7th Circuit US Court of Appeal reverses and remands with instructions to enter judgment for defendants a shareholders’ derivative suit alleging that a compagny violated Section 8 by having on its Board of Directors two individuals who also served on the boards of its competitors (Sears Roebuck & Co.)

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Although Section 8 of the Clayton Act, 15 U.S.C. § 19, which prohibits competing corporations from sharing directors or officers, is an important concern for the business community, the statute has received surprisingly little attention from government enforcers or judicial opinions in recent (...)

Bevin M.B. Newman, Kathryn M. Fenton, Ryan C. Thomas, Tom D. Smith The U.S. DOJ prosecutes obstruction of justice by a South Korean executive in merger investigation (Hyosung Corporation)

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A plea agreement entered into last week with the U.S. Department of Justice Antitrust Division (DOJ) provides a sobering reminder of the serious consequence of obstruction of justice, and highlights the fact that such obstruction issues can arise even in connection with seemingly routine merger (...)

Kathryn M. Fenton, Michael Sennett, Pamela L. Taylor The US FTC brings an administrative action alleging price fixing and other anticompetitive behavior involving three of the largest suppliers of ductile iron pipe fittings (Star Pipe Products / Sigma Corporation / McWane)

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The FTC has brought an FTC administrative action alleging price fixing and other anticompetitive behavior involving three of the largest U.S. suppliers of ductile iron pipe fittings (DIPF), which are used in municipal water systems. It now has published for public comment a proposed consent (...)

David P. Wales, J. Bruce McDonald, Kathryn M. Fenton The U.S. Court of Appeals for the District of Columbia Circuit upholds FTC subpoena in investigation into bundling and exclusionary practices (Church & Dwight)

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A unanimous panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld a district court decision enforcing the Federal Trade Commission’s administrative subpoena and civil investigative demand in an ongoing FTC investigation. The December 13, 2011, opinion is noteworthy (...)

J. Bruce McDonald, Kathryn M. Fenton, Leslie C. Overton The U.S. Department of Justice obtains a disgorgement remedy in a civil antitrust settlement with an electricity supplier in a market manipulation case (KeySpan)

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Reaching the end of a three-year investigation, today the Department of Justice Antitrust Division asked a New York federal court to approve the DOJ’s settlement of claims that KeySpan violated the antitrust laws by manipulating the NYC wholesale electricity market. The DOJ claimed KeySpan (...)

Kathryn M. Fenton, Thomas Demitrack The US Court of Appeals for the Third Circuit provides important clarification on "Competing Purchasers" for Robinson-Patman Act price discrimination claim (Sodexo, Feesers, Michael Foods )

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On January 7, 2010, the U.S. Court of Appeals for the Third Circuit, in a 3-0 decision, reversed a district court’s judgment against Sodexo, Inc., and another defendant in a Robinson-Patman Act (RPA) bench trial and directed entry of judgment in favor of the defendants. (Feesers, Inc. v. Michael (...)

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