


Bernard (Barry) A. Nigro Jr.
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).
Distinctions
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Articles
539 Bulletin
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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 (...)
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This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Over the past two decades, robust compliance programs have become increasingly important across a wide range of enforcement matters. In addition to helping avoid (...)
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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 (...)
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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 (...)