Summary

Paul Cuomo is a partner in the Antitrust and Competition Practice. Mr. Cuomo advises clients on all aspects of antitrust law, with an emphasis on U.S. and international merger reviews. Mr. Cuomo has obtained U.S. and foreign antitrust clearances for dozens of transactions in a wide variety of industries, including oilfield products and services, metals, electric and natural gas transmission and distribution, mining and forestry equipment and services, software, pulp and paper, general industrial manufacturing and various chemical products.

In addition to working with clients to secure antitrust clearances for transactions, Mr. Cuomo has represented third parties in opposition to transactions, and he provides risk arbitrage advice.

Outside of the merger area, Mr. Cuomo regularly advises Fortune 500 and smaller companies on the antitrust issues associated with their day-to-day business practices and represents companies in civil nonmerger and criminal grand jury investigations and antitrust litigation.

In addition, he serves as Antitrust Compliance Officer for the National Association of Music Merchants (NAMM), a 9,000+ member association of manufacturers, retailers and distributors of musical instruments and products, under the terms of a settlement agreement with the Federal Trade Commission.

Outside of his antitrust practice, Mr. Cuomo represents clients in general commercial matters including matters involving trade secrets, contractual disputes and other issues.

Representative Engagements

• Caterpillar Inc.-Represented Caterpillar on numerous transactions, including its acquisitions of Bucyrus International (surface and underground mining equipment), Electro-Motive Diesel (locomotives and diesel engines), Remy Diesel (diesel engine remanufacturing) and the Forestry Division of Blount International (timber harvesting machines), and its joint venture with Navistar (on-highway trucks).
• Akzo Nobel’s Acquisition of Imperial Chemical Industries PLC-Represented ICI in connection with the $16 billion acquisition of ICI by Akzo Nobel and Akzo Nobel’s subsequent $5 billion sale of certain ICI businesses (paints, coatings, industrial adhesives and various chemicals) to Henkel.
• Smith International Inc.-Represented Smith in connection with its combination with Schlumberger Limited (oilfield equipment and services). 
• A.O. Smith Corporation’s Acquisitions of GSW Inc./American Water Heater and State Industries-Represented A.O. Smith in connection with two acquisitions in the residential and commercial water heater industries. After very close reviews by the Department of Justice, both transactions were cleared without remedies.
• In re Musical Instruments and Equipment Antitrust Litigation-Represented NAMM in federal MDL proceeding in Southern District of California and related litigation in Tennessee state court. 
• Non-Public State Investigation-Currently represents a leading producer of consumer goods in connection with a multi-state investigation involving Section 1 and Section 2 issues.
• U.S. Steel’s Acquisition of Lone Star Technologies-Represented Lone Star Technologies in connection with the $2 billion acquisition of Lone Star by U.S. Steel. The transaction combined leading producers of seamless and welded oilfield country tubular goods (OCTG) and related products and services.
• Olin Corporation’s Acquisition of Pioneer Companies, Inc-Represented Olin in connection with its recent acquisition of a competitor in the chlor-alkali industry.
• Acergy’s Divestiture of Certain Assets to Cal Dive International-Represented Acergy (formerly Stolt Offshore) in connection with its divestiture of certain offshore construction, diving and pipelay vessels to Cal Dive International and the DOJ’s subsequent investigation into Cal Dive’s compliance with the settlement resulting from the initial transaction.
• BASF’s Acquisition of Johnson Polymer-Managed the worldwide antitrust clearance process for JohnsonDiversey in connection with BASF’s acquisition of Johnson Polymer. The transaction was cleared on schedule and without remedies in 10 jurisdictions.
• Givaudan’s Acquisition of Quest International from Imperial Chemical Industries-Managed the worldwide antitrust clearance process for ICI in connection with its sale of Quest International to Givuadan, a transaction which combined two of the leading producers of various flavor and fragrance products.
• American Industrial Partner’s-Represented AIP, a leading midmarket private equity fund, in connection with its acquisition of Sequa Can Corp. and the combination of this Sequa business and another leading producer of can making equipment, Stolle Machinery Company, and its acquisitions of Halcore Group, E-ONE and Collins Industries.

Publications, Speeches and Presentations

• “Guilt by Association? Trade Association, Cartel Investigations and Twombly,” 59th Antitrust Law Spring Meeting, American Bar Association (March 2011)
• Moderator, “The Google/Yahoo! Agreement and Its Implications for Future Antitrust Enforcement in Online Advertising,” Antitrust Section, American Bar Association (February 2009)
• “More Transparency in M&A Antitrust Reviews.” Mergers & Acquisitions (July 2002)
• “Life in The Fast Lane.” The Deal.com (April 12, 2002)
• “Assets on the Block; Tech Sales by Bankrupt Dot-Coms May Yet Raise Antitrust Interest,” Legal Times of Washington (July 30, 2001)
• “The ‘Nonprofit Defense’ in Hospital Merger Antitrust Litigation,” Antitrust (Spring 1999)
• “Mergers: Advocacy with Reviewing Agencies.” International Bar Association-Canadian Bar Association Spring Competition Law Conference (May 3, 2007)