Fried Frank Harris Shriver & Jacobson (Washington)

Barry A. Nigro

Fried Frank Harris Shriver & Jacobson (Washington)
Lawyer (Partner)

Bernard (Barry) A. Nigro Jr. is chair of Fried Frank’s Global Antitrust Department, resident in the Washington, DC office. Mr. Nigro’s practice is focused on the clearance of mergers, acquisitions, joint ventures, and private equity transactions, as well as investigations and litigation under federal and state antitrust and unfair competition laws, criminal grand jury proceedings, and antitrust compliance counseling and training. Mr. Nigro regularly appears before the Federal Trade Commission, the Department of Justice, state attorneys general, and Congressional offices. 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 for all civil and criminal antitrust enforcement, including all major merger reviews. 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 the 2020 Vertical Merger Guidelines issued in conjunction with the Federal Trade Commission, implementation of the Procurement Collusion Strike Force, 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. Some of the notable matters in which Mr. Nigro was involved 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.

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Fried Frank Harris Shriver & Jacobson (Washington)

Articles

314 Bulletin

Barry A. Nigro, Peter Guryan, Richard C. Park The US DoJ challenges consummated $5 million merger in the voting equipment systems industry (Election Systems and Software / Premier Election Solutions)

197

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 (...)

Barry A. Nigro, Theodore C. Whitehouse The US FTC requires an investing firm to relinquish voting rights for members of the board of directors and install an internal firewall before allowing the firm to acquire simultaneous interests in competing firms in gasoline terminaling services (Carlyle / Kinder Morgan)

117

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 (...)

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