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Partner
Practice Focus
Antitrust/Competition
As a partner in the firm's antitrust group, Mr. Liss has extensive experience with criminal antitrust investigations, civil antitrust litigation (including federal and state class actions, individual opt-out cases, and competitor-injury lawsuits), and mergers. In addition, he has assisted clients with numerous US Federal Trade Commission (FTC) and US Department of Justice (DOJ) civil antitrust investigations involving collusive conduct and exclusionary practices. Mr. Liss also provides clients with counseling to proactively address competition issues.
Antitrust/Competition Representative Matters
Representative Clients
- TPG Capital, L.P.
- Hoffmann-La Roche Inc.
- Talecris Biotherapeutics
- Zimmer Holdings
- General Electric Company
- Occidental Chemical Company
- Zeon Corporation
Representative Matters
- TPG Capital, L.P. in civil antitrust litigation involving LBO bidding practices of the leading private equity firms.
- Japanese autoparts maker and its US subsidiary in US DOJ and EC investigations regarding potential cartel activities with respect to various automotive systems.
- Hoffmann-La Roche Inc. and Roche Vitamins Inc. in the record-setting vitamins criminal antitrust investigation, and in litigation and settlement of related private damage actions.
- Principally responsible for developing Roche's economic analysis and defenses in the multibillion dollar civil vitamins litigation.
- Heavily involved in the international jurisdiction and discovery issues presented in the vitamins matter, including the Empagran Supreme Court case, which substantially restricted the ability of foreign purchasers to seek recovery under the US antitrust laws.
- Talecris Biotherapeutics (a manufacturer of plasma-derived therapies) in FTC investigations regarding proposed acquisitions of Talecris by CSL and Grifols, respectively.
- Zeon Corporation and Zeon Chemicals L.P. in DOJ criminal price-fixing investigation involving acrylo-nitrile butadiene rubber (NBR), and in litigation and settlement of related private damages litigation.
- Zimmer Holdings in DOJ criminal price-fixing investigation involving orthopedic implant devices, and in related class action litigation.
- F. Hoffmann-La Roche Ltd. and Hoffmann-La Roche Inc. in DOJ criminal price-fixing investigation involving citric acid, and in litigation and settlement of related private damage actions.
- Pharmaceutical client in FTC civil collusion investigation regarding supply and pricing issues.
- Various clients in counseling regarding pricing and distribution issues, potential mergers, and joint ventures.
Representative Matters
Representative Clients
- TPG Capital, L.P.
- Hoffmann-La Roche Inc.
- Talecris Biotherapeutics
- Zimmer Holdings
- General Electric Company
- Occidental Chemical Company
- Zeon Corporation
Representative Matters
- TPG Capital, L.P. in civil antitrust litigation involving LBO bidding practices of the leading private equity firms.
- Japanese autoparts maker and its US subsidiary in US DOJ and EC investigations regarding potential cartel activities with respect to various automotive systems.
- Hoffmann-La Roche Inc. and Roche Vitamins Inc. in the record-setting vitamins criminal antitrust investigation, and in litigation and settlement of related private damage actions.
- Principally responsible for developing Roche's economic analysis and defenses in the multibillion dollar civil vitamins litigation.
- Heavily involved in the international jurisdiction and discovery issues presented in the vitamins matter, including the Empagran Supreme Court case, which substantially restricted the ability of foreign purchasers to seek recovery under the US antitrust laws.
- Talecris Biotherapeutics (a manufacturer of plasma-derived therapies) in FTC investigations regarding proposed acquisitions of Talecris by CSL and Grifols, respectively.
- Zeon Corporation and Zeon Chemicals L.P. in DOJ criminal price-fixing investigation involving acrylo-nitrile butadiene rubber (NBR), and in litigation and settlement of related private damages litigation.
- Zimmer Holdings in DOJ criminal price-fixing investigation involving orthopedic implant devices, and in related class action litigation.
- F. Hoffmann-La Roche Ltd. and Hoffmann-La Roche Inc. in DOJ criminal price-fixing investigation involving citric acid, and in litigation and settlement of related private damage actions.
- Pharmaceutical client in FTC civil collusion investigation regarding supply and pricing issues.
- Various clients in counseling regarding pricing and distribution issues, potential mergers, and joint ventures.
Articles
Frank Liss "Cartel Regulation 2013" Latin Lawyer, 2013
Frank Liss and Laura Cofer Taylor "Implications Of Starr V. BMG Music" (PDF: 367 kB) Competition Law 360, February 18, 2010
Frank Liss and Wilson D. Mudge "The International Comparative Legal Guide to: Enforcement of Competition Law 2009 (Chapter: USA)" (PDF: 180 kB) This article appeared in the first edition of The International Comparative Legal Guide to: Enforcement of Competition Law 2009; published by Global Legal Group Ltd, London., 2009
Tim Frazer, Luc Gyselen and Frank Liss "Cartel Prosecution in the US and the EU - Recent Developments" (PDF: 136 kB) Practical Law Company's Cross-Border Competition Law Handbook 2007/2008, January 2008
William Baer, Tim Frazer, Luc Gyselen and Frank Liss "Cartel Prosecution in the US and the EU- Recent Developments" (PDF: 134 kB) Practical Law Company's Cross-Border Competition Law Handbook, 2006/2007
Luc Gyselen, Tim Frazer and Frank Liss "International Leniency Coordination" (PDF: 102 kB) The Antitrust Review of the Americas 2007, Global Competition Review, September 2006
Luc Gyselen, Tim Frazer and Frank Liss "International Leniency Regimes: New Developments and Their Strategic Implications" (PDF: 100 kB) The Antitrust Review of the Americas 2006, Global Competition Review, 2006
William Baer and Frank Liss "A Forgiving Policy: But DOJ Grants Amnesty Only to the First Firm in the Door»" Legal Times, March 3, 2000
Advisories
"Antitrust Division Announces New Policy on "Carve-Outs" from Corporate Plea Agreements" (PDF: 468 kB) Apr 2013
"Federal Court Consents to Nolo Contendere Plea over DOJ Objections in US v. Florida West International Airways" (PDF: 975 kB) Aug 2012
"The Seventh Circuit's Expansive Take on Extraterritorial Reach of U.S. Antitrust Laws" (PDF: 644 kB) Jul 2012
"DOJ Challenges Non-reportable US$3 Million Deal on Buyer Power Theory" (PDF: 414 kB) May 2011
"ACPERA's Civil Damages Limitation Provisions Extended for 10 Years" (PDF: 426 kB) Jul 2010
"Antitrust Division Provides Guidance on Application of Leniency Policy" (PDF: 268 kB) Dec 2008
"FTC Finds Violation for Public Invitation to Collude" (PDF) Mar 2006
"The Supreme Court Decision in Empagran" (PDF) Jun 2004
Multimedia
Niels Christian Ersbøll and
Frank Liss.
"US and EU Cartel Investigations: Amnesty-Leniency Strategy" March 20, 2013.