Dechert (Washington)

James A. Fishkin

Dechert (Washington)
Lawyer (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

996 Bulletin

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)

178

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, Berverly 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

30

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, Berverly 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

38

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, 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)

257

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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