Covington & Burling (Washington)

James J. O’Connell

Covington & Burling (Washington)
Lawyer (Partner)

Mr. O’Connell joined Covington after over five years of public service with the Antitrust Division of the U.S. Department of Justice, where he served in several leadership roles, including as Deputy Assistant Attorney General and Chief of Staff. As Deputy AAG, he had responsibility for the Division’s appellate program and for the development of its major legislative and policy positions, such as those regarding intellectual property and the enforcement of Section 2 of the Sherman Act. His duties also included managing the Division’s relations with its enforcement counterparts around the world, including those in the European Union, China, Brazil, Canada, Mexico, and Japan. This extensive international enforcement experience enables him to provide his clients highly informed and practical assessments of their U.S. and non-U.S. antitrust risks. Prior to his government service, Mr. O’Connell practiced antitrust law at an international New York-based firm.

Distinctions

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Covington & Burling (Brussels)
Covington & Burling (Brussels)
Covington & Burling (Brussels)
Covington & Burling (Washington)
Covington & Burling (Palo Alto)

Articles

905 Bulletin

James R. Dean, Ross A. Demain, James J. O’Connell, Kristin Shaffer The US FTC publishes revised thresholds for the Hart-Scott-Rodino as well as for the Section 8 of the Clayton Act

316

Today, the Federal Trade Commission (“FTC”) published revised thresholds for the Hart-Scott-Rodino (“HSR”) Act, which will take effect on March 4, 2021. Earlier, the FTC also announced new thresholds for Section 8 of the Clayton Act, which governs interlocking directorates. Each of these thresholds (...)

James R. Dean, Ross A. Demain, James J. O’Connell, Kristin Shaffer The US DoJ and FTC propose to renew their HSR rules to create new exemption for minority acquisitions and increase filing obligations for certain entities

42

Agencies Also Seek Public Comments that Could Lead to Additional Changes to the HSR Rules The Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (the “Agencies”) announced proposed changes to the premerger notification rules (“Rules”) promulgated under (...)

Thomas Barnett, Deborah A. Garza, John D. Graubert, James R. Dean, James J. O’Connell, Ross A. Demain The US DoJ imposes a $11 million fine for merger notification violation on an investment company (ValueAct)

18

Yesterday, the Antitrust Division of the Department of Justice (“DOJ”) announced that it has settled its lawsuit against ValueAct Capital Management L.P. (“ValueAct”) for violating the Hart- Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The settlement is noteworthy for two (...)

Robert J. Williams, Weishi Li, Timothy Stratford, James J. O’Connell, Yan Luo The Chinese State Administration for Industry and Commerce releases rules on intellectual property regarding competition law

19

Following several years of drafting and public consultations, on April 13 the State Administration for Industry and Commerce of the People’s Republic of China (“SAIC”) released its Rules on the Prohibition of Abuses of Intellectual Property Rights for the Purposes of Eliminating or Restricting (...)

James R. Dean, James J. O’Connell, Ross A. Demain The US FTC revises the threshold for determining if a transaction needs to be notified to federal antitrust authorities under the HSR Act

14

The Federal Trade Commission (“FTC”) has announced its annual revisions to the monetary thresholds that determine whether a transaction must be notified to the FTC and the Antitrust Division of the Department of Justice (“DOJ”) under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”). The (...)

Thomas Barnett, Deborah A. Garza, John D. Graubert, Timothy C. Hester, Andrew D. Lazerow, John W. Nields, James J. O’Connell The US FTC brings a lawsuit in the pharmaceutical sector for monopolization based on patent litigation (AndroGel II)

43

The Federal Trade Commission has brought its first suit alleging anticompetitive conduct in connection with the prosecution and settlement of pharmaceutical patent litigation since the Supreme Court’s June 2013 decision in FTC v. Actavis. Although two commissioners dissented from the decision to (...)

David W. Addis, James R. Dean, John D. Graubert, Timothy C. Hester, James J. O’Connell The US FTC adopts new rules clarifying HSR filing requirements for transfers of pharmaceutical patent rights

34

On November 6, the Federal Trade Commission (“FTC”) amended the implementation rules of the Hart Scott Rodino Antitrust Improvements Act (the “HSR Act”) to specify when parties to pharmaceutical patent license agreements must observe the HSR Act’s notification and pre-closing waiting period (...)

Daniel L. Spiegel, John D. Graubert, Weishi Li, James J. O’Connell, Timothy Stratford, Yan Luo The Chinese National Development and Reform Commission opens a broad investigation into pharmaceutical pricing

30

Earlier this month, China’s National Development and Reform Commission (“NDRC”) announced that it is conducting a wide-ranging probe into the costs and prices of pharmaceutical products sold by more than 60 multinational and domestic companies. NDRC has broad powers to enforce China’s Price Law, (...)

Thomas Barnett, Deborah A. Garza, Derek Ludwin, James J. O’Connell, Alan M. Wiseman The US Court of Appeals for the Seventh Circuit rules that a foreign anticompetitive conduct may be subject to US antitrust laws (Minn-Chem / Agrium)

25

Yesterday, the influential Court of Appeals for the Seventh Circuit, sitting en banc, held that foreign anticompetitive conduct can be regulated by U.S. antitrust law if it has “a reasonably proximate causal nexus” with an injury to a U.S. purchaser. The Seventh Circuit explicitly rejected the (...)

John D. Graubert, James J. O’Connell, Timothy Stratford, Yan Luo The Chinese Supreme Court issues rules governing private antitrust litigations arising from monopolistic conducts

24

On May 8, China’s Supreme People’s Court (“SPC”) issued its Rules on the Application of Laws for Adjudicating Civil Disputes Arising From Monopolistic Conduct (“the Rules”). According to the SPC, the Rules, which take effect June 1, are intended to ease plaintiffs’ burdens and are thus likely to have (...)

John D. Graubert, Miranda Cole, James J. O’Connell, Timothy Stratford The Chinese Ministry of Commerce issues regulations regarding investigations and sanctioning of companies that fail to notify transactions under competition law

12

On January 5, China’s Ministry of Commerce (“MOFCOM”) issued new regulations regarding investigations and sanctioning of companies that fail to notify transactions under China’s Anti- Monopoly Law (“AML”). Under the regulations, which take effect on February 1, non-compliant companies may be fined up (...)

John D. Graubert, James J. O’Connell, Timothy Stratford The US and the Chinese Competition Authorities cooperate on issuing guidance regarding antitrust merger investigations

17

The US and China have taken a step towards closer coordination of their investigations of mergers and other transactions under their respective antitrust laws. Yesterday, after high-level consultations in Washington, the two countries’ antitrust merger control agencies released Guidance for Case (...)

James C. Snipes, Paul Claydon, Scott Cunningham, John D. Graubert, James J. O’Connell, Timothy Stratford The Chinese National Development & Reform Commission fines two pharmaceutical companies for abusing dominant position (Shandong Weifang Shuntong Pharmaceutical / Weifang Huaxin Medicine Trade)

31

China’s National Development & Reform Commission (“NDRC”) announced this week that it has fined two domestic pharmaceutical companies for monopolizing bulk sales of promethazine hydrochloride in violation of the country’s Anti-Monopoly Law (“AML”). The decision, NDRC’s first AML action in the (...)

Thomas Barnett, James R. Dean, Deborah A. Garza, John D. Graubert, James J. O’Connell, Anita F. Stork, David W. Addis The US DoJ and FTC announce changes to the HSR Act merger notification process and transaction report form submitted by companies

28

On July 7, 2011, the Federal Trade Commission and the Department of Justice (“the Agencies”) announced significant changes to the form and accompanying materials that companies must submit when reporting transactions under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”). Although the (...)

Thomas Barnett, James R. Dean, Deborah A. Garza, John D. Graubert, Timothy C. Hester, James J. O’Connell The US FTC and DoJ issue revised horizontal merger guidelines

22

Last week, the U.S. Justice Department (“DOJ”) and Federal Trade Commission (“FTC”) (together, the “Agencies”) issued revised Horizontal Merger Guidelines (the “Guidelines”) describing how the Agencies seek to determine whether a merger of competing companies will substantially lessen competition. The (...)

Thomas Barnett, James R. Dean, Deborah A. Garza, John D. Graubert, Timothy C. Hester, James J. O’Connell The US District Court for the Eastern District of Pennsylvania holds that reverse payments cases will proceed to discovery in a patent litigation in the pharmaceutical sector (Cephalon)

38

In the latest development in the Federal Trade Commission’s efforts to challenge Hatch-Waxman patent litigation settlements, earlier this week a federal district court in Pennsylvania denied in part defendants’ motions to dismiss antitrust complaints challenging a series of such settlements. The (...)

James J. O’Connell The US FTC imposes conduct remedies, such as refraining from bringing suit against violations of its patents that were misrepresented to a standard-setting organization, before approving a merger in the gasoline industry (Chevron / Unocal)

125

On August 2, following a public comment period, the Federal Trade Commission approved the issuance of two consent orders that separately resolved (1) its 2003 monopolization complaint against Union Oil Company of California ( Unocal ) alleging anticompetitive abuses of the regulatory (...)

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