Merger Clearance

Counsel to Asiana Airlines on its proposed acquisition by Korean Air. The combination of the two Seoul-headquartered carriers has been notified to competition authorities in numerous jurisdictions worldwide, including the US, EU, Chinese, South Korean, and UK authorities. Our reputation in this matter earned us the 2023 “Merger Control Matter of the Year – Asia-Pacific, Middle East, and Africa” award by the Global Competition Review.

As lead trial counsel for the parties in the DOJ’s challenge to the $85.4 billion merger—the first vertical merger challenge tried to verdict in the US in decades—we helped secure a “sweeping victory” for the defense.

Represented Bass Pro in the FTC investigation of its acquisition of Cabela’s and obtained unconditional clearance. We then guided Sportsman’s Warehouse through the FTC investigation into Bass Pro’s attempted acquisition of the outdoor sporting goods retailer.

Advising the global leader in engineered materials and optoelectronic components in implementing a unique hold-separate remedy imposed by China’s SAMR following its acquisition of Finisar Corporation. More recently, we advised Coherent Corp. on its acquisition of Coherent, Inc., a global provider of lasers and laser-based technology for scientific, commercial, and industrial customers, and the implementation of SAMR-imposed remedies. Our antitrust team also advised Coherent on the US$1 billion investment in its silicon carbide business by DENSO and Mitsubishi Electric.

Served as global antitrust counsel on the Korea-based manufacturer of petrochemical products’ $2.5 billion acquisition of US-based specialty chemical manufacturer Kraton Corporation, which included merger filings before antitrust agencies in the US, Asia, and Europe.

Secured unconditional merger clearance from the UK’s CMA for IAA’s acquisition of its UK competitor, SYNETIQ Holdings Limited, a salvage and vehicle dismantling company.

Obtained regulatory clearance through a negotiated settlement for the acquisition of an American airline, creating the fifth largest US airline and strengthening our client’s position on the West Coast.

Represented Norsk in numerous transactions, including the multi-jurisdictional antitrust aspects of the €1.4 billion sale of its rolled products business. Our latest success in securing unconditional Phase II clearance from the European Commission for Hydro’s acquisition of rival aluminum foundry alloy producer, Alumetal, gained wide recognition as a rare exception in the Commission’s notoriously burdensome Phase II enforcement practice.

We have counseled the company in many strategic transactions over the years, including its acquisition of the Shiel Medical Laboratory business of Fresenius Medical Care and its high-profile joint venture with Walmart to provide and deliver diagnostic and other basic healthcare services.

On behalf of Seidler Equity Partners, obtained DOJ clearance of Rawlings’ strategic acquisition of Easton, which strengthened the sporting goods companies’ brands, enhanced product innovation, and enabled investments to grow the game of baseball.

Developed and implemented an effective Second Request strategy to obtain DOJ clearance for its acquisition of Sierra Wireless quickly and without remedies.

Advised the lessor of intermodal cargo containers on multi-jurisdictional competition aspects of its acquisition by alternative investment firm Stonepeak for approximately US$7.4 billion, including as regards a filing with the Taiwan Fair Trade Commission.

Helped the largest US rural lifestyle retailer expand its presence in the mid-west by acquiring Orscheln Farm and Home through the successful negotiation of a settlement with the FTC.

Advised the US-based manufacturer of printed circuit boards in the global competition clearance of its sale of four significant subsidiaries to Xiamen Haicang Development Group (securing an unconditional clearance from China’s SAMR), as well as global merger control and FDI filings on its $330 million acquisition of Telephonics Corporation from Griffon Corporation.