Skadden, Arps, Slate, Meagher & Flom (Washington)

Steven C. Sunshine

Skadden, Arps, Slate, Meagher & Flom (Washington)
Partner

Steven C. Sunshine is the head of Skadden’s Global Antitrust/Competition Group. He represents clients in connection with antitrust aspects of mergers and acquisitions, litigation, counseling and grand jury investigations. He regularly appears before courts in connection with antitrust civil matters and before the U.S. and European antitrust authorities. Mr. Sunshine has led antitrust representations in numerous M&A transactions, including Sprint/T-Mobile; HPE/Cray; Visa/Plaid; DoorDash/Caviar; Intel/Apple; NXP/Qualcomm; Embraer/Boeing; Becton Dickinson/C.R. Bard; Nokia/Alcatel-Lucent; Intel/Mobileye; Cardinal/Medtronics; Yahoo!/Verizon; HP/Samsung sale of printers; Broadcom/Avago; Plum Creek/Weyerhaeuser; Freescale/NXP; Anheuser-Busch/Grupo Modelo; Sprint/Clearwire; Air Products/Evonik; SanDisk/Western Digital; Southwest/AirTran; Gilead/Pharmasett; SanDisk/ Fusion-io; Rite-Aid/Envision; Cisco/Tandberg; Exelon/Constellation and Pepco; Duke/Progress Energy; Corning/Becton Dickinson Labware; Valeant/Allergan, Medicis and Bausch & Lomb; Jet Aviation/General Dynamics; Actavis/Forest and Warner Chilcott; Rockwood/Elementis; and De Beers/Louis Vuitton. Mr. Sunshine is recognized as a leading antitrust practitioner and is repeatedly listed in Best of the Best USA as one of the top competition lawyers in the world and in Lawdragon 500 Leading Lawyers in America. He also was named to the 2018 Lawdragon Hall of Fame, which recognizes past members of the Lawdragon 500 who have made remarkable contribu­tions as leaders in their field. He was named by The National Law Journal as a 2020 Winning Litigator and previously as one of the publication’s Trailblazers, honoring lawyers who have advanced their legal practice areas through the use of innovative strategies. He regularly is selected for inclusion in Chambers Global, Chambers USA, Who’s Who Legal and The Best Lawyers in America, and named as a leading lawyer by Legal 500. Mr. Sunshine repeatedly has been named as a Law360 MVP in the competition category (including 2020), a Litigator of the Week by The Am Law Litigation Daily and a finalist for Global Competition Review’s Antitrust Lawyer of the Year. The Financial Times report on U.S. Innovative Lawyers recognized his work on Sprint v. AT&T as a Standout litigation matter. He also has been repeatedly cited as a Star by LMG Life Sciences.

Distinctions

Linked authors

Skadden, Arps, Slate, Meagher & Flom (London)
Skadden, Arps, Slate, Meagher & Flom (London)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Skadden, Arps, Slate, Meagher & Flom (New York)
Skadden, Arps, Slate, Meagher & Flom (Brussels)

Articles

8674 Bulletin

Steven C. Sunshine, Karen M. Lent, Matthew Martino, Julia K. York The US District Court for the District of Columbia grants motions to dismiss two parallel antitrust complaints filed by the FTC and a group of State AGs against a social media company for monopolization, with the FTC being allowed to file an amended complaint in 30 days (Facebook)

946

On June 28, 2021, Judge James E. Boasberg of the U.S. District Court for the District of Columbia granted Facebook’s motions to dismiss two parallel antitrust complaints filed by the Federal Trade Commission (FTC) and a group of state enforcers. The complaints accused Facebook of illegally (...)

Steven C. Sunshine, Maria Raptis The US DoJ issues its merger remedies manual which provides that the framework the DoJ will utilise in implementing relief in mergers reviewed by its attorneys and economists

75

On September 3, 2020, the Department of Justice’s Antitrust Division (the DOJ) issued its new Merger Remedies Manual (the Manual), which provides the framework the DOJ will utilize going forward to implement relief in mergers reviewed by its attorneys and economists. The DOJ has updated its (...)

Matthew Martino, Tara L. Reinhart, Steven C. Sunshine, Julia K. York The US Court of Appeals for the Ninth Circuit strikes down a sweeping injunction against a semiconductor company and reins in an expansive interpretation of the Sherman Act (Qualcomm)

361

On August 11, 2020, the U.S. Court of Appeals for the Ninth Circuit decisively reversed the Federal Trade Commission’s (FTC or Commission) controversial district court win challenging Qualcomm’s licensing practices. In rejecting every aspect of the lower court’s decision, the Ninth Circuit panel (...)

Karen M. Lent, Giorgio Motta, Tara L. Reinhart, Clifford H. Aronson, Steven C. Sunshine, David P. Wales The US DoJ publishes a statement cautioning that the antitrust laws remain in effect and agreements among competitors that set commercial terms may be illegal

146

Antitrust-Related Considerations Collaborations With Competitors Companies seeking to collaborate with competitors in response to the COVID-19 crisis must keep in mind, as the Department of Justice has recently cautioned, that the antitrust laws remain in effect, and agreements among (...)

Clifford H. Aronson, Kenneth B. Schwartz, Maria Raptis, Matthew P. Hendrickson, Steven C. Sunshine The US District Court for the District of Columbia blocks two proposed mergers in the insurance sector brought and litigated under the Obama administration (Aetna / Humana and Anthem / Cigna)

166

In a continuation of recent Department of Justice (DOJ) successes challenging mergers, the U.S. District Court for the District of Columbia recently enjoined two more proposed mergers brought and litigated under the Obama administration. Aetna’s $37 billion proposed acquisition of Humana was (...)

Clifford H. Aronson, John H. Lyons, Kenneth B. Schwartz, Maria Raptis, Matthew P. Hendrickson, Steven C. Sunshine The US District Court for the Northern District of Ohio denies the Federal Trade Commission’s bid to enjoin a company from acquiring its alleged potential competitor (Steris / Synergy)

197

This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On September 24, 2015, the U.S. District Court for the Northern District of Ohio denied the Federal Trade Commission’s (FTC) bid to enjoin Steris Corporation (...)

Andrew L. Foster, Ingrid Vandenborre, Steven C. Sunshine The Chinese Ministry of Industry and Information Technology - Electronic Intellectual Property Center releases a draft “Template for Intellectual Property Policies in Industry Standardization Organizations”

236

The Electronic Intellectual Property Center of China’s Ministry of Industry and Information Technology (MIIT) has released a draft “Template for Intellectual Property Policies in Industry Standardization Organizations” (the Draft Template), seeking public comments by January 30. The Draft Template (...)

Clifford H. Aronson, Sharis A. Pozen, Steven C. Sunshine The US Court of Appeals for the Sixth Circuit confirms the decision of the FTC regarding a merger in the healthcare sector (ProMedica)

219

On April 22, 2014, the United States Court of Appeals for the Sixth Circuit handed the Federal Trade Commission (FTC or Commission) another significant victory in a hospital merger, ruling that the FTC’s decision and order requiring that ProMedica divest St. Luke’s, another Lucas County, (...)

Alec Y. Chang, Matthew P. Hendrickson, Sean M. Tepe, Sharis A. Pozen, Steven C. Sunshine The US FTC closes its investigation and approves the voluntary commitment of an internet search engine (Google)

217

This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Thoughts On Google’s FTC Settlement On Jan. 3, 2013, the Federal Trade Commission ended its highly publicized and wide-ranging investigation into Google Inc.’s (...)

John M. Nannes, Steven C. Sunshine, Tara L. Reinhart The US District Court for the Northern District of California imposes $500 M fine on a Taiwan-based liquid crystal display producer for price fixing (AU Optronics)

162

On September 20, Judge Susan Illston of the Northern District of California handed down sentences to AU Optronics Corporation and two company executives, following their convictions in March for participating in a global price-fixing conspiracy involving LCD screens used in computers and (...)

Gary A. MacDonald, Paul M. Eckles, Peter E. Greene, Steven C. Sunshine The US Supreme Court reverses class action certification raising hurdles for antitrust collective redress cases (Wal-Mart Stores / Dukes)

341

This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 20, 2011, in Wal-Mart Stores, Inc. v. Dukes, the United States Supreme Court handed down its decision holding that discrimination claims on behalf of up (...)

Alec Y. Chang, Ian G. John, Steven C. Sunshine The US FTC announces consent agreement to address its concerns that a proposed acquisition would reduce competition in the provision of acute inpatient psychiatric services in three local markets (Universal Health Services / Psychiatric Solutions)

287

On November 15, the Federal Trade Commission (FTC) announced a proposed consent agreement to address the agency’s allegations that the $3.1 billion acquisition of Psychiatric Solutions, Inc. by Universal Health Services, Inc. (UHS) would reduce competition in the provision of acute inpatient (...)

Gary A. MacDonald, James A. Keyte, Steven C. Sunshine The US District Court for the Eastern District of Pennsylvania adopts the "scope of patent" test for analyzing Hatch-Waxman patent settlements (Cephalon)

320

On March 29, 2010, Judge Mitchell S. Goldberg upheld antitrust lawsuits filed by the Federal Trade Commission (FTC) and private plaintiffs against drug maker Cephalon, Inc. (Cephalon), alleging that Cephalon conspired with four generic drug manufacturers to delay generic competition for the (...)

Gary A. MacDonald, James A. Keyte, Steven C. Sunshine The US District Court for the Northern District of Georgia dismisses the FTC’s pay-for-delay antitrust lawsuit ruling that the contested settlements are not an unreasonable restraint of trade (Androgel)

403

On February 22, 2010, Judge Thomas W. Thrash, Jr. dismissed the Federal Trade Commission’s (FTC) antitrust lawsuit alleging that Solvay Pharmaceuticals (Solvay) conspired with generic drug makers Watson Pharmaceuticals (Watson) and Par Pharmaceuticals (Par) to delay generic competition for the (...)

Ian G. John, Neal R. Stoll, Steven C. Sunshine The US DoJ settles Hart-Scott-Rodino gun jumping charges stemming from buyer’s pre-approval of target’s purchasing contracts (Smithfield Foods / Premium Farms)

220

On January 21, 2010, after a three-year and four-month investigation, the Department of Justice (DOJ) announced a $900,000 settlement with meat processors Smithfield Foods Inc. and Premium Farms LLC to resolve DOJ allegations that Smithfield exercised operational control over Premium (...)

Gary A. MacDonald, James A. Keyte, Neal R. Stoll, Steven C. Sunshine The US FTC finalizes amendments to parts 3 and 4 of its rules of practice expediting administrative review of mergers

112

On April 27, 2009, the Federal Trade Commission adopted final rules amending Parts 3 and 4 of its Rules of Practice. The adoption of these rules is a culmination of efforts going back a couple of years to make changes that would expedite adjudications of allegedly anti-competitive merger (...)

David Kavanagh, James S. Venit, Shepard Goldfein, Steven C. Sunshine The UK High Court denies representative action statute for antitrust price-fixing claims in the air freight services market (Emerald / British Airways)

338

On April 8, 2009, the English High Court of Justice, Chancery Division, granted British Airways’ request for an order striking two Plaintiffs’ representative claims. Though still subject to appeal, this decision potentially represents a significant obstacle to efforts underway to apply historical (...)

Benjamin C., Jr. Crisman, James A. Keyte, Steven C. Sunshine The US District Court of Columbia grants FTC request for preliminary injunction to block a 3-2 transaction in the market for electronic systems used to estimate the cost of collision repairs (CCC Holdings / Aurora Equity Partners)

301

On March 18, 2009, Judge Collyer of the United States District Court for the District of Columbia released the public version of a significant opinion supporting her order granting the FTC a preliminary injunction in connection with the proposed $1.4 billion merger of CCC Information Systems (...)

James A. Keyte, Steven C. Sunshine The US FTC seeks disgorgement remedy in a challenge against a pharma company for illegally acquiring drugs used to treat premature babies with a life-threatening heart condition (Ovation Pharmaceuticals)

271

Continuing a trend of increasing aggressiveness in antitrust enforcement, the Federal Trade Commission (FTC) is seeking disgorgement in a challenge to Ovation Pharmaceutical Inc.’s acquisition of the drug NeoProfen®, filed in the Minnesota District Court on Dec. 16, 2008. In the past, the FTC has (...)

Clifford H. Aronson, Matthew P. Hendrickson, Steven C. Sunshine The US Court of Appeals for the DC Circuit reverses the denial of a preliminary injunction sought by an undertaking against a merger in the organic food sector (Whole Foods / Wild Oats)

350

On July 29, 2008, the U.S. Court of Appeals for the D.C. Circuit reversed the denial of a preliminary injunction sought by the FTC against a merger of Whole Foods Market, Inc. and Wild Oats Markets, Inc., in a ruling that significantly lowers the bar for the FTC to obtain preliminary (...)

Clifford H. Aronson, Steven C. Sunshine The US FTC dismisses merger challenge after parties publicly announced to abandon the proposed acquisition in the healthcare industry (Inova / PWHS)

203

Inova Health System Foundation (Inova) and Prince William Health System, Inc. (PWHS) announced today that they will abandon their proposed merger. This announcement comes after the Federal Trade Commission sought to preliminarily enjoin the merger so that it could conduct a “Fast Track” (...)

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