Antitrust is a rapidly growing practice area and is expected to continue to drive growth in the legal industry in the coming years. In 2022, the lateral market for antitrust partners was highly competitive, with many high-profile lawyers changing firms. Even partners without portable books of business were in high demand. This trend is expected to continue in 2023, as the Federal Trade Commission (FTC) has proposed a broad ban on non-compete agreements, and the FTC and the Department of Justice (DOJ) are preparing to issue revised merger guidelines based on their joint public inquiry into strengthening enforcement against illegal mergers.
As law firms deal with many significant antitrust matters, flexible staffing is becoming increasingly important to serve clients efficiently and effectively. Bridgeline Solutions, a subsidiary of Lateral Link, has established a dedicated Antitrust Practice Group to address this need. The group will be co-chaired by the company’s CEO, Craig Brown, and David Copeland, one of Bridgeline’s senior executives. Craig and David have extensive experience in antitrust law, having worked as antitrust attorneys at Kaye Scholer, where David was a Chambers-ranked antitrust counselor for 25 years, including 15 years as a partner.
The Antitrust Practice Group will advise on best practices in all areas of antitrust, including staffing and managing Second Requests. Additionally, the group will continue to provide premier Biglaw-trained antitrust attorneys to assist on mergers and non-merger substantive antitrust matters. The group will also continue to assist in educating the public and practitioners about antitrust law and its evolution.
For example, Craig and David were instrumental in securing Jonathan Kanter, Assistant Attorney General of the Antitrust Division of the Department of Justice, as the keynote speaker for the 2022 Milton Handler Lecture at the NYC Bar Association. In his speech, AAG Kanter criticized the “consumer welfare standard” that has been the foundation of civil antitrust enforcement since the 1980s. He stated that the Antitrust Division would prioritize “protecting competition” under his leadership. He warned companies that “test our resolve…do so at their own risk and will continue to confront aggressive antitrust enforcement.”
This tough talk is now translating into action. In October, the DOJ successfully blocked Penguin Random House from acquiring Simon & Schuster. In December, the Federal Trade Commission sued to block Microsoft’s $69 billion acquisition of video game publisher Activision. This ambitious effort illustrates Chair Lina Khan’s willingness to bring cases that may be difficult to win.
In summary, antitrust is a rapidly growing practice area expected to continue driving growth in the legal industry in the coming years. Bridgeline Solutions has established a dedicated Antitrust Practice Group to address this need, which will provide advice on best practices in all areas of antitrust, including staffing and managing Second Requests. The group will also continue to provide premier Biglaw-trained antitrust attorneys to assist on mergers and non-merger substantive antitrust matters. It will continue to assist in educating the public and practitioners about antitrust law and its evolution.
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Flexible Staffing For Antitrust Boom
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