Dechert (Washington)

James A. Fishkin

Dechert (Washington)
Partner

James A. Fishkin combines both government and private sector experience within his practice, which focuses on mergers and acquisitions covering a wide range of industries, including supermarket chains and other retailers, consumer and food product manufacturers, internet-based firms, chemical and industrial gas firms, and healthcare firms. He has been a key participant in several of the most significant litigated antitrust cases in the last two decades that have set important precedents, including representing Whole Foods Market, Inc. in FTC v. Whole Foods Market, Inc. and the Federal Trade Commission in FTC v. Staples, Inc. and FTC v. H.J. Heinz Co. Mr. Fishkin has also played key roles in securing unconditional clearances for many high-profile mergers, including the merger of OfficeMax/Office Depot and Monster/HotJobs, and approval for other high-profile mergers after obtaining successful settlements, including the merger of Albertsons/Safeway. He also served as the court-appointed Divestiture Trustee on behalf of the Department of Justice in the Grupo Bimbo/Sara Lee bread merger. Mr. Fishkin has been recognized by Chambers USA, The Best Lawyers in America, The Legal 500, and Benchmark Litigation for his antitrust work. Chambers USA notes that Mr. Fishkin “impresses sources with his ‘very practical perspective,’ with commentators also describing him as ‘very analytical.’” The Legal 500 states that Mr. Fishkin “possesses excellent relationships and very good business sense.” Benchmark Litigation has listed Mr. Fishkin as an antitrust “litigation star” and praised his “legal analysis, strategy, and knowledge of government entities.” Mr. Fishkin has been a speaker at industry and academic conferences, a lecturer to antitrust practitioners at CLE-approved events, and a guest law school lecturer. He has also made educational presentations to antitrust officials from the EU Merger Task Force, several European and South American countries, Japan, South Korea, Russia and the FTC.

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Articles

2047 Bulletin

James A. Fishkin, Beverly J. Ang, Dennis S. Schmelzer, Jonathan E. Greengarden The US FTC and DoJ announce that they have entered into settlements with the founder of a logistics company and a restaurant chain owner for alleged gun jumping violations (Clarence L. Werner) (Biglari)

246

Key takeaways Small incremental acquisitions may require HSR filings and the HSR waiting period to be observed. Subsequent acquisitions of a small amount of the same issuer’s voting securities after the HSR requirements have been satisfied may still require additional HSR filings. Even the mere (...)

Gregory P. Luib, James A. Fishkin, George G. Gordon The US Supreme Court rules that the FTC does not have authority under Section 13(b) of the FTC Act to seek disgorgement or restitution from defendants (AMG Capital Management)

198

The Supreme Court has ruled that the Federal Trade Commission (FTC) does not have authority under Section 13(b) of the FTC Act to seek disgorgement or restitution from defendants. The agency has increasingly relied on this authority to seek monetary penalties from defendants in antitrust cases, (...)

James A. Fishkin, Beverly J. Ang, Dennis S. Schmelzer The US FTC and US DoJ temporarily suspend early terminations of the Hart–Scott–Rodino Act waiting period in merger reviews

33

Key Takeaways Companies should anticipate waiting a full 30 days for the HSR waiting period to expire for all transactions that have recently been notified or are soon-to-be notified under the Hart-Scott-Rodino Act (“HSR Act”). It is not clear how long this suspension of Early Terminations will (...)

Craig G. Falls, James A. Fishkin, Beverly J. Ang, Jill A. Ross, Thomas J. Miller The US DoJ and FTC announce HSR rule changes that would increase burdens, especially for asset managers and private equity

49

Key Takeaways Proposed HSR rule changes would require an acquiring fund to aggregate its holdings with those of its broader fund family. This will substantially increase the number of transactions subject to HSR reporting requirements, especially for asset managers and private equity funds. (...)

James A. Fishkin, Dennis S. Schmelzer The US FTC and DoJ release Vertical Merger Guidelines, introducing the concepts of "diagonal mergers" and "mergers of complements" into the national antitrust lexicon

13

This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 30, the U.S. Department of Justice and the Federal Trade Commission released final vertical merger guidelines that, for the first time, introduce the (...)

James A. Fishkin, Rani A. Habash The US FTC requires divestitures in many local markets for traditional supermarket stores although there are between three and six remaining competitors (Ahold / Delhaize)

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FTC Requires Divestitures in Ahold/Delhaize of 81 Stores and Gives Upfront Buyers More Time to Complete Acquisitions; Continues Focus on "Traditional Supermarket" Competition Key Points: The U.S. Federal Trade Commission (FTC) required divestitures in many local markets in Ahold/Delhaize (...)

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