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Mary Strimel advises and defends clients on mergers, acquisitions, criminal price-fixing, class actions and other antitrust investigations before the US Department of Justice, the US Federal Trade Commission, and state and federal courts. Her criminal and civil antitrust work has spanned a wide range of industries, including transportation, software, financial markets, data publishing, chemicals, pharmaceuticals, glass, industrial products, alcoholic beverages and telecommunications. Read Mary Strimel's full bio.
THE LATEST: Limiting Early Discovery in Parallel Criminal and Civil Cases
By Gregory E. Heltzer, Lauren Salins and Mary Strimel on Apr 20, 2017
Posted In Cartel Enforcement, DOJ Developments, Private Litigation
Companies are increasingly facing parallel proceedings involving government investigations and follow-on private litigation. These complex cases often involve competing interests between the parties that can influence a judge’s determination on discovery timing and process. Private plaintiffs are incentivized to obtain as much information about the case as early as possible to support their allegations and...
THE LATEST: Entanglements and Concentrated Markets Require Divestiture in the Dairy Industry
By McDermott Will & Emery and Mary Strimel on Apr 13, 2017
Posted In Agriculture, DOJ Developments, Mergers & Acquisitions
On July 6, 2016, Danone S.A. (Danone) agreed to acquire The WhiteWave Foods Company (WhiteWave) for $12.5 billion. WhiteWave is the leading manufacturer of fluid organic milk in the United States and one of the top purchasers of raw organic milk. Danone is the leading US manufacturer of organic yogurt (Stonyfield). Nearly 90 percent of...
THE LATEST: Acting AAG Clarifies Scope of Amnesty for Executives
By Mary Strimel on Apr 5, 2017
Posted In Cartel Enforcement, DOJ Developments
The US Department of Justice (DOJ) Antitrust Division (the Division) offers leniency to the first company to contact the Division and acknowledge participation in an antitrust conspiracy such as price-fixing, bid-rigging or market allocation. The Division’s leniency program requires the applicant to fully cooperate with the government’s investigation and to candidly acknowledge its wrongdoing, among...
THE LATEST: Further Efforts to Broaden the Scope and Impact for CFIUS Reviews of Foreign Acquisitions of US Businesses
By David Levine and Mary Strimel on Mar 17, 2017
Posted In Agriculture, Mergers & Acquisitions
We reported earlier on the Committee on Foreign Investment in the United States (CFIUS) and its legal and practical authority to review M&A transactions for possible risks to US national security posed by foreign ownership of a US business. Sens. Cornyn (R-TX) and Schumer (D-NY) reportedly are working separately on legislation to strengthen CFIUS, which...
THE LATEST: National Security Reviews of Foreign Ownership May Broaden
By David Levine and Mary Strimel on Feb 23, 2017
Posted In Mergers & Acquisitions
The Committee on Foreign Investment in the United States (CFIUS, commonly pronounced “syphius”) reviews M&A transactions that may pose a risk to national security through foreign control of a US business. (See our recent article). CFIUS is composed of members from the Departments of Treasury (chair), Homeland Security, State, Defense and other agencies. It has...
THE LATEST: Employee “No-Poaching” Agreements Remain in the Antitrust Crosshairs
By Gregory E. Heltzer, Jon B. Dubrow and Mary Strimel on Feb 16, 2017
Posted In Uncategorized
There have been a series of investigations, class action suits and high value settlements involving agreements not to solicit employees. In addition, the Department of Justice (DOJ) Antitrust Division made a splash a few months ago when it announced that it would criminally investigate and prosecute employers that engage in certain “naked” no-poach or wage-fixing...
THE LATEST: DOJ Trial Machine is Staffed Up, Fired Up
By Mary Strimel on Feb 8, 2017
Posted In DOJ Developments
WHAT HAPPENED: The DOJ Antitrust Division scored another trial win — this time in a real estate foreclosure bid rigging case. Yesterday’s win follows on the heels of Division wins in a Puerto Rico bus transportation bid rigging/fraud case (DC Office, Criminal I), enjoining of a significant merger (DC Office, Lit I), corruption prosecution of...
DOJ Policy Updates Signal Continuity of Antitrust Program
By Mary Strimel on Feb 1, 2017
Posted In DOJ Developments
This month, the US Department of Justice Antitrust Division revised its “Frequently Asked Questions About the Antitrust Division’s Leniency Program and Model Leniency Letters” (FAQs), with releases both before and after the new administration took office. The revisions serve as a signal that the continuity we have seen in previous years from the Antitrust Division...