Robert A. Lipstein

Crowell & Moring (Washington)
Lawyer (Senior Counsel)

Rob Lipstein is a senior counsel in Crowell & Moring’s Antitrust, International Trade, and Intellectual Property groups. As past chair of the firm’s Finance and Contingent Fee Review Committees, Rob spearheaded the firm’s value-based billing and legal project management initiatives, working across practice areas to craft and implement a wide range of alternative fee agreements, and to train the law firm on implementation of LPM. In private practice in Washington, D.C. since 1978, Rob counsels clients on all aspects of antitrust and trade regulation issues, with particular experience on mergers and acquisitions, including pre-merger notification and pre-merger integration planning procedures; product distribution; and the interaction of antitrust and intellectual property laws. Rob has worked extensively with companies in the aerospace, telecommunications, chemicals, industrial gases, hazardous waste, consumer electronics, and musical instruments industries. Rob is the architect of distributor and dealer agreements that have become the standards in several industries, and has assisted companies to establish and enforce unilateral Minimum Advertised Price and Minimum Retail Price policies. Rob regularly counsels and represents clients before the FTC and the Antitrust Division of the DOJ regarding mergers, acquisitions, joint ventures, competitor collaborations, and compliance with the Hart-Scott-Rodino Act. Recent transactions include representing Clean Harbors in its $1.25 billion acquisition of Safety-Kleen, United Technologies Corporation in its $16.4 billion purchase of Goodrich Corporation, AT&T in its proposed $39 billion purchase of T- Mobile, Reed Elsevier Group plc in connection with its $544 million purchase of Accuity, its $4 billion purchase of ChoicePoint, Inc., its $4 billion sale of Harcourt Education Group, and its $950 million sale of Harcourt Assessment, Inc., as well as SBC in its $16 billion acquisition of AT&T, and AT&T in its $86 billion acquisition of Bell South. Rob also represented Yamaha Corporation of America in the FTC’s investigation into MAP prices for musical instruments, and follow-on civil litigation, In Re Musical Instruments. In addition to his M&A and distribution focus, Rob regularly counsels clients operating at the intersection of antitrust and intellectual property laws, advising leading technology companies and patent pool administrators on antitrust issues. And with over thirty years of trademark and copyright prosecution and litigation experience, Rob also assists clients to protect their valuable intellectual property rights, and to enforce those rights against misuse, particularly on the Internet. Rob also represents clients in antidumping and countervailing duty investigations and reviews before the Department of Commerce and the International Trade Commission, as well as the Court of International Trade and the Court of Appeals for the Federal Circuit. He has written several commentaries on the antidumping law, and on the interaction of the antidumping and antitrust laws, and has also spoken on international panels on these topics. Rob graduated Phi Beta Kappa from Stanford University in 1975, and obtained his law degree in 1978 from Stanford Law School, where he was associate managing editor of the Stanford Law Review. Rob is a fifth degree black belt in taekwondo.

Linked authors

Crowell & Moring (Irvine)
Crowell & Moring (Washington)
Crowell & Moring (Irvine)
United Airlines (Chicago)

Articles

996 Bulletin

Chahira Solh, Daniel A. SASSE, Robert A. Lipstein, Ryan C. Tisch The Kansas Supreme Court holds that resale price maintenance, whether purely vertical or in a dual distribution setting, is per se illegal and rejects applicability of federal rule of reason analysis to claims brought under Kansas antitrust law (O’Brien / Leegin Creative Leather Products)

201

UPDATE NOTE: On April 16, 2013, the Kansas legislature reversed the decision discussed below, and adopted a "reasonableness" standard for analyzing vertical price agreements. On May 4, 2012, Kansas joined the growing trend among states to limit the distribution flexibility that had been (...)

Mika Clark, Robert A. Lipstein, Ryan C. Tisch The US DOJ demands conduct remedies from two strong competitors in related markets before approving a vertical merger that will allow the combined company to enter into the online travel search market (Google / ITA)

309

U.S. antitrust agencies, in a flurry of recent actions, have reinvigorated vertical merger enforcement, claiming competitive harm from what, in the past, would potentially have been viewed as efficiency-enhancing vertical integration. The Department of Justice (“DOJ”), in particular, has (...)

Mika Clark, Robert A. Lipstein, Ryan C. Tisch The US DoJ conditions approval of a joint venture upon behavioral remedies, such as specific terms of licensing and management of video content, in the industries of online video distribution and video programming (Comcast / NBC Universal)

293

U.S. antitrust agencies, in a flurry of recent actions, have reinvigorated vertical merger enforcement, claiming competitive harm from what, in the past, would potentially have been viewed as efficiency-enhancing vertical integration. The Department of Justice (“DOJ”), in particular, has (...)

Mika Clark, Robert A. Lipstein, Ryan C. Tisch The US DoJ conditions approval of a vertical merger upon the implementation of structural and behavioral remedies to protect the market for primary ticketing services (Ticketmaster / Live Nation)

193

U.S. antitrust agencies, in a flurry of recent actions, have reinvigorated vertical merger enforcement, claiming competitive harm from what, in the past, would potentially have been viewed as efficiency-enhancing vertical integration. The Department of Justice (“DOJ”), in particular, has (...)

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