Jaclyn Phillips is a senior associate in the White & Case Antitrust/Global Competition practice, focusing on antitrust – including complex litigation, counseling, and government investigations. Jaclyn guides clients through all stages of high-risk litigation and is often a core member of teams defending large-scale class actions. In particular, leading global pharmaceutical companies rely on Jaclyn’s experience at the cutting edge of antitrust and intellectual property. She also works on appeals for clients, including before the D.C. Circuit Court of Appeals. In addition to her litigation work, Jaclyn has an active antitrust counseling practice, advising clients on novel competition issues that require executable business solutions. Clients in various industries, including pharmaceuticals, technology, airlines, and food and beverage, have turned to her for counseling on a range of competition issues. Jaclyn is committed to pro bono matters at the firm, with a particular focus on immigration matters. She has successfully helped her clients obtain asylum in the United States. Jaclyn is a well-known author on timely and developing antitrust issues, including on emerging issues in the technology sector. She is a frequent host of the ABA Antitrust Law Section’s podcast Our Curious Amalgam, where she leads discussions with accomplished guests. She currently serves as a Vice Chair of the Podcast Programming Administrative Committee. Jaclyn graduated from Georgetown University Law Center cum laude in 2013, where she served as an Articles & Notes Editor on the American Criminal Law Review.
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Prior to the State Antitrust Enforcement Venue Act—which was signed into US law on December 29, 2022 as part of the omnibus spending bill—the Judicial Panel on Multidistrict Litigation (JPML) had the power to transfer and consolidate all antitrust cases—including suits brought by State AGs—except (...)
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Application of the Proper ‘Outer Boundary’ of Antitrust Liability for Alleged Refusals to Deal in New York v Facebook* Introduction The States brought an antitrust complaint against Facebook alleging that various conduct violated Section 2 of the Sherman Act. The ICLE brief addresses the (...)
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The Department of Justice’s Antitrust Division has taken a first step in changing its view of IP rights, particularly where Standard Essential Patents ("SEPs") are at issue. Under the Trump Administration, the Division’s policy swung in favor of SEP innovators over standard-setting organizations (...)
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On Tuesday, August 3, 2021, the Federal Trade Commission announced a new approach for merger investigations that the FTC does not complete during the Hart-Scott-Rodino Act (HSR) waiting period—the FTC may advise merging parties via a Warning Letter that its investigation remains open despite the (...)
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Citing concerns about growing consolidation, reduced competition, and increasing prices, President Biden issued on July 9, 2021 a sweeping Executive Order containing 72 initiatives to address competition concerns in a number of industries, including pharmaceuticals, biotech, and healthcare. In (...)
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A new Executive Order signed by President Biden includes 72 initiatives instructing more than a dozen federal agencies, including the US Department of Justice and the Federal Trade Commission, to, according to the White House’s Fact Sheet, "promptly tackle some of the most pressing competition (...)
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On Friday, July 9, 2021, President Biden signed Executive Order 14036, Promoting Competition in the American Economy, which includes—among 72 initiatives aimed at enhancing competition in the US—a directive encouraging the Federal Trade Commission to ban or limit employee non-compete agreements. (...)
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Calls for changes to antitrust law, and how antitrust laws should be applied to the conduct of large technology companies, have been heating up in recent years. Now, the push for wide-scale changes to antitrust law has reached a boiling point. Indeed, President Biden’s sweeping July 9, 2021 (...)
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While Congress has been the epicenter of an ongoing antitrust debate—with US legislators on both sides of the aisle urging vast reforms—the New York State legislature is pursuing a state bill that would arguably ensnare more conduct and transactions in antitrust law’s web than anything proposed, (...)
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Sen. Hawley’s "Trust-Busting for the Twenty-First Century Act," introduced on April 12, 2021, takes aim at "Big Tech, Big Banks, Big Telecom, and Big Pharma" by proposing to curb mergers and acquisitions by large corporations and ease the way for prosecutors and private plaintiffs to prevail in (...)
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On April 4, 2020, the Antitrust Division of the Department of Justice issued its first Business Review Letter under the DOJ-FTC joint expedited COVID-19 competitor collaboration review procedures, blessing several medical supply companies to work together to produce and distribute personal (...)
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The Coronavirus Aid, Relief, and Economic Security ("CARES") Act provides no modifications to, or relief from, the US antitrust laws (specifically, the Sherman Act, 15 U.S.C. §§ 1-38; Clayton Act, 15 U.S.C. § 12-27; and Robinson-Patman Act, 15 U.S.C. § 13). But some major businesses are forming (...)
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