Gregory E. Heltzer

McDermott Will & Emery (Washington)
Lawyer (Partner)

Gregory (Greg) Heltzer analyzes the antitrust implications of most transactions involving a publicly traded company – including over 800 in the last decade. Greg focuses his practice on defending mergers and acquisitions and has successfully defended mergers for DaVita, Mars, Martin Marietta Materials, Olam, TreeHouse Foods, Motorola Solutions, Le Duff America, JAB Partners (Coty), Aleris, and Blackboard among others. His advice allows C-Suite decision makers to ensure that time and money are not wasted on potential transactions without a viable path for clearance. When transactions move forward, Greg guides clients through the clearance process with a focus on providing enforcers with the information needed so that the merging parties can avoid or at the very least significantly reduce the scope of a costly/time-consuming Second Request. In addition, he handles complex antitrust litigation, government investigations and antitrust counseling. Greg has experience in all three branches of government. Prior to joining the Firm, he served as a judicial law clerk for the Honorable John A. Terry of the DC Court of Appeals. Before entering law school, Greg worked for the US Environmental Protection Agency in the Energy Star Program. He also served as a legislative intern on the staff of the US Senate Committee on Environment and Public Works under the late Senator John Chafee (R-RI). While in law school, Greg was a member of The Tax Lawyer. Greg also founded McDermott’s Antitrust Alert blog and continues as its managing editor.

Distinctions

Auteurs associés

McDermott Will & Emery (Washington)
McDermott Will & Emery (New York)
McDermott Will & Emery (Washington)
McDermott Will & Emery (Washington)
McDermott Will & Emery (Chicago)
McDermott Will & Emery (Washington)
McDermott Will & Emery (Washington)
McDermott Will & Emery (Washington)

Articles

1530 Bulletin

Joel R. Grosberg, Jon B. Dubrow, Gregory E. Heltzer The US DoJ announces antitrust civil process changes for pendency of COVID-19 events and confirms that the HSR review process will be significantly impacted

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With COVID-19-related closures rolling in daily, you may have questions about the operating status of the federal government’s antitrust enforcement agencies. Currently, the HSR review process does not seem to be significantly impacted, although the agencies will not grant a request for early (...)

Noah Feldman Greene, Gregory E. Heltzer The U.S. FTC announces the launch of a new Technology Task Force to investigate anticompetitive conduct, review past transactions, and contribute to pending merger reviews

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THE LATEST : FTC’s New “Technology Task Force” Has Broad Mandate Including Review of Consummated Transactions* The US Federal Trade Commission’s (FTC) Bureau of Competition announced the launch of a new Technology Task Force that will investigate anticompetitive conduct, review past transactions, (...)

Jonathan Ende, Gregory E. Heltzer The US FTC issues an administrative complaint challenges a merger in the global fleet market which can increase the risk of price discrimination and reduce competition (Wilhelmsen Maritime / Drew Marine)

23

The Federal Trade Commission (FTC) recently announced that it has challenged a merger between Wilhelmsen Maritime Services (Wilhelmsen) and Drew Marine Group (Drew) because of an overlap in service to “global fleet customers,” a narrow customer segment that purchases marine water treatment (...)

Gregory E. Heltzer, Andrea L. Hamilton, Christian Krohs, Daniel Powers, David Henry The US FTC challenges a merger in what it defines as markets for the retail sale of gasoline and the retail sale of diesel, and requires divestitures in 10 local geographic markets (Alimentation Couche-Tard / Holiday)

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THE LATEST : FTC CHALLENGES RETAIL FUEL STATION AND CONVENIENCE STORE TRANSACTION— REQUIRES TEN LOCALIZED DIVESTITURES IN WISCONSIN AND MINNESOTA* WHAT HAPPENED : Alimentation Couche-Tard Inc. (ACT) and its subsidiaries (including Circle K Stores, Inc.) are engaged in the retail sale of (...)

Gregory E. Heltzer, Andrea L. Hamilton, Christian Krohs, Daniel Powers, David Henry The US District Court for the Southern District of Texas files an information due to conspiracy to fix the prices in the silicone wristbands and lanyards sector (Zaappaaz)

22

Azim Makanojiya founded Zaappaaz Inc. as a nineteen-year-old university student and quickly turned it into a multi-million dollar business. WHAT HAPPENED : On Tuesday, August 7, online retailer Zaappaaz Inc. and its twenty-nine-year-old president and founder, Azim Makanojiya, agreed to plead (...)

Gregory E. Heltzer, Andrea L. Hamilton, Christian Krohs, Daniel Powers, David Henry The US Court of Appeals for the Ninth Circuit affirms the dismissal of an antitrust counterclaim in a labor dispute (ICTSI / ILWU)

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On July 24, 2017, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of an antitrust counterclaim brought by ICTSI Oregon, Inc. (ICTSI), the operator of a marine shipping facility, against the International Longshore and Warehouse Union (ILWU) and the Pacific Maritime (...)

Gregory E. Heltzer, Andrea L. Hamilton, Christian Krohs, Daniel Powers, David Henry The US Court of Appeal for the Second Circuit dismisses the indictments of two individuals accused of playing a role in the LIBOR case and clarifies the Fifth Amendment law in international cartels (Allen)

22

SECOND CIRCUIT CLARIFIES FIFTH AMENDMENT LAW, WITH IMPLICATIONS FOR US PROSECUTION OF INTERNATIONAL CARTELS* On July 19, 2017, the Second Circuit vacated the convictions and dismissed the indictments of two individuals accused of playing a role in the manipulation of the London Interbank (...)

Katharine O’Connor, Gregory E. Heltzer The US FTC reaches settlement agreement with a company over challenged professional association rules due to restriction of competition among its organist and choral conductor members (AGO)

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The two current commissioners of the Federal Trade Commission (FTC) approved a final order and consent agreement with the American Guild of Organists (AGO) after a public comment period of two months. The FTC alleged that the AGO violated Section 5 of the Federal Trade Commission Act by (...)

Gregory E. Heltzer The US FTC challenges a merger using a monopolisation theory to allege that the merger would eliminate nascent competition in the therapeutic adrenocorticotropic hormones (Questcor Pharmaceuticals / Mallinckrodt)

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The Federal Trade Commission (FTC) challenged a consummated transaction using a monopolization theory to allege that the acquisition would eliminate “nascent” competition for therapeutic adrenocorticotropic hormones (ACTH) in the United States. WHAT HAPPENED : Questcor Pharmaceuticals, Inc.’s (...)

Gregory E. Heltzer, Andrea L. Hamilton, Christian Krohs, Daniel Powers, David Henry The US District Court for the Northern District of Ohio approves a plea agreement from a sales manager that conspired to fix prices of automotive hoses (Horie of Toyoda Gosei)

18

FORMER TOYODA GOSEI EXECUTIVE PLEADS GUILTY TO PRICE-FIXING, BID-RIGGING* On January 6, 2015, Makoto Horie of Toyoda Gosei North America pled guilty to the United States Department of Justice (DOJ) for conspiring to fix the prices of automotive hoses sold to U.S. companies. Mr. Horie was (...)

Gregory E. Heltzer, Andrea L. Hamilton, Christian Krohs, Daniel Powers, David Henry The US Northern District of California allows a claim brought against a franchise car dealer for engaging into anticompetitive price discrimination by offering volume discounts (Chrysler Group / Matthew Enterprise)

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DISTRICT COURT PARES DOWN PRICE DISCRIMINATION SUIT AGAINST CHRYSLER* On July 11, 2014, the Northern District of California dismissed one of two federal antitrust claims brought against Chrysler Group LLC under the Robinson-Patman Act, 15 U.S. C. § 13, as well as several state statutory and (...)

Gregory E. Heltzer, Andrea L. Hamilton, Christian Krohs, Daniel Powers, David Henry The US Court of the Northern District of California rules against an acquisition of a competitor on the basis that it would lead to anticompetitive effects in the high-tech market (Bazaarvoice / PowerReviews)

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JUDGE RULES IN FAVOR OF DOJ FINDING BAZAARVOICE/POWERREVIEWS MERGER ANTICOMPETITIVE* On January 8, 2014, Judge Orrick of the Northern District of California ruled that Bazaarvoice’s acquisition of competitor PowerReviews violated Section 7 of the Clayton Act. The ruling was in favor of the (...)

Gregory E. Heltzer The US District Court for the District of Idaho denies a motion to dismiss an antitrust conspiracy claims of increasing prices and of price fixing despite the potato grower cooperatives asserting that the concerted action was permissible (Fresh and Process Potatoes)

10

POTATO PRICE-FIXING CASE SURVIVES MOTION TO DISMISS HOLDS THAT PRE-PRODUCTION AGRICULTURAL OUTPUT RESTRICTIONS ARE NOT EXEMPT UNDER CAPPER-VOLSTEAD* On December 2, 2011, a federal judge overseeing multidistrict litigation involving an alleged potato price-fixing conspiracy denied a motion to (...)

Gregory E. Heltzer, Andrea L. Hamilton, Christian Krohs, Daniel Powers, David Henry The Brazil’s House of Representatives publish a bill reforming competition law with important implications for merger control

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COMPETITION LAW REFORM IN BRAZIL : IMPLICATIONS FOR MERGER CONTROL* Brazil’s House of Representatives passed a long-awaited competition bill (the Competition Bill) on 5 October 2011, making significant changes to Brazilian competition law. The Competition Bill has yet to be signed into law by (...)

David Goldman, Gregory E. Heltzer, Joel R. Grosberg The US DoJ requires minor conduct remedies before approving a vertical merger affecting the market for petroleum needle coke (GrafTech / Seadrift)

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McDermott Will & Emery lawyers succeeded in obtaining the necessary antitrust approval for clients Seadrift Coke L.P. (Seadrift), the world’s second largest petroleum-based needle coke producer, and C/G Electrodes LLC (C/G), a U.S.-based graphite electrode producer, which have been acquired (...)

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