Fried Frank Harris Shriver & Jacobson (Washington)

Bernard (Barry) A. Nigro Jr.

Fried Frank Harris Shriver & Jacobson (Washington)

Chair of Fried Frank’s Global Antitrust and Competition Department, Bernard (“Barry”) A. Nigro Jr. has served at both federal antitrust enforcement agencies and participated in hundreds of competition matters. Mr. Nigro serves clients in a range of industries, including commodities and consumer products, agriculture, transportation, retail, technology hardware and software, online markets and platforms, social media, financial services, healthcare, media, communications, supermarkets, casinos and gaming, defense, chemicals, energy, and professional services. Mr. Nigro rejoined Fried Frank from the US Department of Justice’s Antitrust Division, where as Principal Deputy Assistant Attorney General (2019-2020) he was the No. 2 official responsible for all civil and criminal antitrust enforcement and litigation. 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 implementation of the Procurement Collusion Strike Force, the 2020 Vertical Merger Guidelines issued in conjunction with the Federal Trade Commission, and modernization of the Department’s Merger Remedies Manual and merger review process. Some of the notable matters for which Mr. Nigro was responsible for leading 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. 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. Chambers USA : America’s Leading Lawyers for Business recognizes Mr. Nigro as a leading individual in Antitrust, quoting a client who notes that “he is a skilled and knowledgeable antitrust lawyer with a very practical approach.” Another Chambers source says Mr. Nigro “is really pragmatic and good with clients. He knows how to marry business and antitrust.” Mr. Nigro is also recognized as a “Leading Lawyer” by Legal 500 in Antitrust : Merger Control, where clients describe him as “the rare combination of DOJ and FTC expertise that is invaluable to clients who need to understand the agencies’ latest thinking” and note that “his decades of experience generally, and recent experience as the number-two lawyer in the Antitrust Division, make him a knowledgeable and skilled counselor on a broad array of government enforcement matters.” Other clients tell Legal 500 that he is “fabulous” and “figures out quickly what’s important and focuses energies there.” Clients also report that “[n]o one compares to Barry Nigro in terms of goodwill” and note his “years of experience make his counsel and perspective, particularly seeing what is coming down the road, exceptional.” They also have said that he “understands our business and our objectives and provides solutions to achieve them.” Mr. Nigro is also recognized as a “Global Leader” by Who’s Who Legal : Competition. Mr. Nigro served as a law clerk to the Honorable Charles R. Richey, United States District Court for the District of Columbia (1986-1987).


Auteurs associés

Fried Frank Harris Shriver & Jacobson (New York)
Fried Frank Harris Shriver & Jacobson (London)
Fried Frank Harris Shriver & Jacobson (London)
Fried Frank Harris Shriver & Jacobson (Washington)
Fried Frank Harris Shriver & Jacobson (New York)


819 Bulletin

Bernard (Barry) A. Nigro Jr., Nathaniel L. Asker, Renee E. Turner The US DOJ seeks to criminally prosecute monopolisation cases which constitutes a significant shift from the US DOJ’s recent practice of pursuing such cases solely as civil matters (Nathan Nephi Zito)


This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Earlier this year, the Department of Justice’s Antitrust Division stated that it would seek to criminally prosecute monopolization cases, a significant change (...)

Bernard (Barry) A. Nigro Jr., Renee E. Turner, William Reed The US DOJ files an amicus brief stating that a trade association rule or policy may be used as direct evidence of an anticompetitive practice (Relevent Sports / United State Soccer Federation)


This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In an amicus brief filed in Relevent Sports, LLC v. Fédération Internationale de Football Ass’n, the Antitrust Division of the U.S. Department of Justice (the (...)

Stephen M. Juris, Renee E. Turner, Bernard (Barry) A. Nigro Jr. The US President signs into law the Criminal Antitrust Anti-Retaliation Act which seeks to protect whistleblowers in criminal antitrust cases


This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Having an Effective Antitrust Compliance Program Is More Important Than Ever* Over the past two decades, having robust compliance programs has become (...)

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


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 (...)

Bernard (Barry) A. Nigro Jr., 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)


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 (...)


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