Craig Falls is a partner with Orrick, based in the firm’s Washington, D.C. office. He helps companies obtain antitrust clearances for mergers and acquisitions, and defends transactions in litigation when necessary. He also advises companies on how to structure their joint ventures, licensing arrangements, and other commercial agreements to minimize antitrust risk, and has represented companies in conduct investigations by antitrust enforcers and in Sherman Act litigation brought by private plaintiffs. Craig Falls has served clients in a wide variety of industries, including consumer packaged goods, retail and internet, supermarkets, pharmaceuticals, transportation, and energy. Craig Falls regularly counsels clients and has published frequently on questions concerning the application of antitrust law to distribution agreements, pricing practices, and other relationships between companies operating at different levels of the supply chain. He also has an active pro bono practice, which includes representing the homeless and victims of human trafficking, and helping to obtain a trial victory for plaintiffs challenging Wisconsin’s photo identification voter law.
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The Federal Trade Commission and Department of Justice Antitrust Division recently took two significant steps to overhaul merger reviews. Proposed changes to the Merger Guidelines that would push the envelope in certain areas have attracted much attention but largely reflect how the agencies (...)
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The Department of Justice (DoJ) recently withdrew three longstanding health care focused antitrust enforcement policy statements that had provided certain “safety zones” for mergers, joint ventures, group purchasing, and information sharing among industry participants. Without these safety (...)
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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. (...)
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The DOJ’s Antitrust Division announced updates late last week to its Civil Investigative Demand (CID) form, explicitly codifying it intent to potentially use materials received in response to CIDs to launch secondary investigations or refer matters to other government enforcement authorities (...)
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Efforts to combat the COVID-19 pandemic or to respond to related supply shocks or other collateral consequences may give companies reason to collaborate with competitors in ways that could benefit the public, but which involve antitrust risk. In order to facilitate procompetitive (...)
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Recent EU Fines for Resale Price Maintenance Are Symptoms of Broader Challenges Faced by Today’s Consumer-Goods Manufacturers The European Commission (the “Commission”) issued four separate decisions on 24 July 2018, fining consumer electronics manufacturers Asus, Denon & Marantz, (...)
