"[A] tour de force"
Chambers USA 2017
"He's a fantastic lawyer"
Chambers USA 2016
Stephen Weissman recently rejoined the firm after serving as the Deputy Director of the Federal Trade Commission's Bureau of Competition from 2013-2015. At the FTC he was involved in and supervised the agency's review of hundreds of merger and non-merger investigations and enforcement actions, covering a wide range of industries including pharmaceuticals and other healthcare sectors, consumer products, energy, high-tech and chemicals. He was lead trial counsel for the FTC in its challenge of a $3.5 billion merger between food service distributors Sysco Corp. and U.S. Foods Inc., a case considered by many as the agency's most important merger litigation in more than a decade.
"[K]nows the ins and outs of the antitrust regulators in the U.S."
Legal 500 2018
In almost two decades of private practice, Mr. Weissman has represented companies and individuals in antitrust investigations by the Department of Justice and Federal Trade Commission, as well as in antitrust and commercial litigation in U.S. courts. He represents both acquiring and acquired companies as well as third parties in merger investigations. Among his more notable representations are serving as one of the lead lawyers in Whirlpool’s acquisition of Maytag Corp., in Arch Coal’s defense of an FTC litigation challenge to Arch’s acquisition of Triton, in QVC Corp.’s acquisition of Home Shopping Network (HSN), in Merck’s acquisition of Schering Plough, and in Boehringer Ingelheim’s recent global asset swap with Sanofi. He also regularly counsels clients in criminal antitrust investigations and on issues pertaining to joint ventures and distribution arrangements.
Mr. Weissman has litigated a substantial number of cases on behalf of both defendants and plaintiffs, including claims under the Sherman, Clayton and Robinson-Patman Acts, as well as breach-of contract and business tort claims. His litigation representations also include defending companies in class actions and private business disputes. He has tried a number of cases including both bench and jury trials, and has argued appeals in multiple U.S. Courts of Appeal.
Mr. Weissman is regularly listed as a leading antitrust practitioner in Chambers USA (2016-2018), Legal 500 (2013, 2015-2018), Who's Who Legal Litigation (2017, 2018), Guide to the World's Leading Competition and Antitrust Lawyers (2012, 2013, 2018), Super Lawyers (2018), and other publications. In 2016, he was recognized as an “Antitrust Trailblazer” by National Law Journal.
- Lead trial counsel for the FTC in its challenge to the proposed $3.5 billion merger of Sysco and U.S. Foods
- Responsible for the antitrust review of hundreds of merger and non-merger investigations between 2013 and 2015 at the FTC
- Counsel for Boehringer Ingelheim in its $12.6 billion asset swap with Sanofi
- Counsel for the Liberty Media portfolio of companies in various transactions involving subsidiaries or affiliates
- Counsel for Valero LP in its proposed acquisition of various logistics assets
- Counsel for Novartis in its billion-dollar sale of its generic oral solids and dermatology business to Aurobindo, Inc.
- Counsel for Celgene Corp. in its acquisition of Juno Therapeutics
- Counsel for Indorama Ventures Ltd. In its joint-venture acquisition of PET assets from M&G Chemicals
- Merck & Co., Inc. in its oncology collaboration with AstraZeneca
- Counsel for Toyoda Gosei in the DOJ's investigation of the auto parts industry
- Whirlpool Corporation's acquisition of Maytag Corporation - Served as one of the lead lawyers in securing antitrust clearance for one of the highest-profile merger matters within the past ten years; the acquisition combined two of the leading appliance manufacturers in the U.S. without any divestitures required
- Arch Coal's acquisition of Triton Coal Company, including litigating the case in federal court - Acted as one of the leading lawyers in a merger that combined two of the largest coal mines in the key mining region in the U.S.; the FTC challenged the transaction in federal court; after a month-long evidentiary hearing, the agency was defeated, representing the first FTC loss in a non-hospital merger matter since the early 1990s
- National Association of Music Merchants in its defense of antitrust claims in In re: Musical Instruments & Equipment Antitrust Litig.
- South African Airways in defense of claims of price-fixing in In re Air Cargo Antitrust Litigation
- Anheuser Busch - Anheuser-Busch's $52 billion acquisition by InBev N/V. Including defeating motion for preliminary injunction filed by a group of consumers
- Schering-Plough's acquisition of Akzo-Nobel's Organon Science's Business; combination of two of the leading worldwide sellers of animal health products
- Merck & Co., Inc. in various acquisitions and potential acquisitions, in the company's defense of competition law claims in various jurisdictions
- Boehringer Ingelheim’s acquisition of Fort Dodge Animal Health assets from Pfizer-Wyeth
- Samsung - Represented Samsung in the DOJ's investigation of the DRAM industry; DRAM is the most commonly used semiconductor memory product, providing high-speed storage and retrieval of electronic information for a wide variety of computer, telecommunication and consumer electronic products
- YRC Worldwide, Inc. - Defended against claims of price fixing under Section 1 of the Sherman Act
- Nestlé’s $10.3 billion acquisition of Ralston Purina Company - Acquisition by Nestlé one of the largest sellers of pet food in the U.S.
- Northland Cranberries, Inc. - Represented Northland Cranberries in its Sherman Act case against Ocean Spray Cranberries, Inc.
Awards & Community
Chambers USA, Leading Antitrust Practitioner, 2016, 2017 & 2018
Recommended in The Legal 500 U.S., 2013, 2015, 2016, 2017
Listed in Who's Who Legal: Litigation, 2017
Finalist for Global Competition Review Litigator of the Year, 2016
Finalist for Global Competition Review Lawyer of the Year, 2015
Euromoney's Legal Expert Guide: Guide to the World's Leading Competition and Antitrust Lawyers, 2012-2013, 2018
Recognized as a Washington, D.C. Super Lawyer, 2018
Publications, Speeches & Presentations
Recent M&A Dispute Highlights Importance of Negotiating and Complying with Antitrust Risk-Shifting Provisions in Merger AgreementsFirm Thought Leadership
Global Competition Review
ABA's Antitrust Magazine
Baker Botts is pleased to sponsor the GCR Live 2nd Annual IP, Antitrust & Innovation conference on Thursday May 24, 2018 at the University of California, Berkeley.
Baker Botts is pleased to sponsor the GCR Live IP, Antitrust & Innovation conference on Tuesday 13 March, 2018 at Hotel Amigo in Brussels, Belgium.
The Spring Meeting is the world’s largest meeting of its type that hosts antitrust and consumer protection professionals across the world.