Fried Frank Harris Shriver & Jacobson (Washington)

Bernard (Barry) A. Nigro Jr.

Fried Frank Harris Shriver & Jacobson (Washington)

Mr. Nigro recently rejoined the Firm from the US Department of Justice’s Antitrust Division, where as Principal Deputy Assistant Attorney General (2019-2020) he was the No. 2 official responsible for all civil and criminal antitrust enforcement and litigation. Previously, he served as Deputy Assistant Attorney General (2017-2019). While serving at the Department of Justice, Mr. Nigro played a critical role in advancing the Department’s antitrust enforcement priorities and numerous policy developments, including implementation of the Procurement Collusion Strike Force, the 2020 Vertical Merger Guidelines issued in conjunction with the Federal Trade Commission, and modernization of the Department’s Merger Remedies Manual and merger review process. Mr. Nigro has also served as Deputy Director for the Federal Trade Commission’s Bureau of Competition, where he managed the Bureau’s merger and anticompetitive practices investigations and litigation. Mr. Nigro received a commendation for Superior Service awarded by the Chairman of the Federal Trade Commission. Having served at both federal antitrust enforcement agencies, Mr. Nigro has participated in hundreds of matters involving a broad variety of industries, including commodities and consumer products, agriculture, transportation, retail, technology hardware and software, online markets and platforms, social media, financial services, healthcare, media, communications, supermarkets, casinos and gaming, defense, chemicals, energy, and professional services. Some of the notable matters for which Mr. Nigro was responsible for leading while at the Department include Bayer’s US$63 billion acquisition of Monsanto, Sprint Corporation’s US$26 billion merger with T-Mobile US, Inc., BB&T Corporation’s merger of equals with SunTrust Banks, Inc., CVS Health’s US$69 billion acquisition of Aetna, the indictment and prosecution in US v Christopher Lischewski, the deferred prosecution agreement resolving the felony charge against Florida Cancer Specialists & Research Institute LLC, and several HSR and order compliance enforcement actions, including the unprecedented Order enforcement action against Live Nation Entertainment. While at Fried Frank, Mr. Nigro was consistently recognized by Chambers USA: America’s Leading Lawyers for Business as a leading individual in Antitrust, where he was described as a "great negotiator" and an "excellent lawyer." He was also consistently recognized by Legal 500 in Mergers, Acquisitions and Buyouts: Antitrust, where he was singled out for his "insight into the underlying business and commercial issues of a transaction, and exceptional, in depth advice." Mr. Nigro was also recognized by Who’s Who Legal in Competition. Mr. Nigro served as a law clerk to the Honorable Charles R. Richey, United States District Court for the District of Columbia (1986-1987).


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Fried Frank Harris Shriver & Jacobson (New York)
Fried Frank Harris Shriver & Jacobson (London)
Fried Frank Harris Shriver & Jacobson (New York)
Fried Frank Harris Shriver & Jacobson (Washington)
Fried Frank Harris Shriver & Jacobson (New York)


589 Bulletin

Bernard (Barry) A. Nigro Jr., Renee E. Turner, William Reed The US DOJ files an amicus brief stating that a trade association rule or policy may be used as direct evidence of an anticompetitive practice (Relevent Sports / United State Soccer Federation)


This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In an amicus brief filed in Relevent Sports, LLC v. Fédération Internationale de Football Ass’n, the Antitrust Division of the U.S. Department of Justice (the (...)

Stephen M. Juris, Renee E. Turner, Bernard (Barry) A. Nigro Jr. The US President signs into law the Criminal Antitrust Anti-Retaliation Act which seeks to protect whistleblowers in criminal antitrust cases


This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Having an Effective Antitrust Compliance Program Is More Important Than Ever* Over the past two decades, having robust compliance programs has become (...)

Bernard (Barry) A. Nigro Jr., Peter Guryan, Richard C. Park The US DoJ challenges consummated a $5 million merger in the voting equipment systems industry (Election Systems and Software / Premier Election Solutions)


On March 8, 2010, the Antitrust Division of the Department of Justice (the "DOJ") and nine states announced a settlement in their challenge of Election Systems & Software Inc.’s ("ES&S") $5 million acquisition of Premier Election Solutions, Inc. and PES Holdings, Inc. ("Premier"). At the (...)

Bernard (Barry) A. Nigro Jr., Theodore C. Whitehouse The US FTC requires an investing firm to relinquish voting rights for members of the board of directors and install an internal firewall before allowing the firm to acquire simultaneous interests in competing firms in gasoline terminaling services (Carlyle / Kinder Morgan)


On January 25, 2007, the Federal Trade Commission (the “FTC”) announced a complaint challenging the acquisition of a 22.6 percent equity interest in Kinder Morgan, Inc. (“KMI”) by The Carlyle Group (“Carlyle”) and Riverstone Holdings (“Riverstone”). Simultaneously, the FTC made public an order (...)

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