Philip A. Giordano practices in all areas of antitrust law, including transactional matters before the FTC and DOJ, government civil and criminal investigations, complex civil litigation, criminal defense, and client counseling. He draws on more than 15 years of experience as a prosecutor in the Antitrust Division of the US Department of Justice, where he served as a Trial Attorney in both the Washington Criminal I Section and the Technology and Financial Services Section, and as a Special Assistant to the Directors of Enforcement in the Antitrust Division's Office of Operations. Mr. Giordano's experience in antitrust matters spans a diverse set of industries, including computer hardware and software, auto parts, telecommunications, generic drugs, financial services, entertainment, publishing, chemicals, air cargo transportation, and consumer goods.

Experience

  • GTL in obtaining antitrust clearance in its acquisition of Telmate.
  • United States v. Ticketmaster Entertainment and Live Nation. Representing the United States, obtained a consent decree allowing an $889 million merger in the market for primary ticketing on condition that the acquirer license its ticketing software to competitors, divest ticketing assets and abide by anti-retaliation restrictions on its conduct.
  • United States, led a DOJ investigation of a proposed multibillion dollar acquisition of a data management software developer by a leading security software developer.
  • United States, led a DOJ investigation of a proposed multimillion dollar merger of optical fingerprint scanning and identification systems manufacturers involving the issuance of a Second Request.
  • United States, led a DOJ investigation of a proposed multibillion dollar acquisition of a leading online payment service provider by a leading online auction and shopping website.
  • United States, in the merger of Chicago Board of Trade and Chicago Mercantile Exchange, investigated and issued a Second Request regarding a proposed multibillion dollar merger of the two largest US futures and options exchanges.
  • United States v. First Data Corporation and Concord EFS, Representing the United States, obtained a consent decree allowing a $7 billion merger in the market for debit network services while requiring the divestiture of the NYCE debit network.
  • United States v. Microsoft Corporation. Representing the United States, enforced a consent decree against Microsoft requiring the development of middleware-neutral software settings and defaults, and acted as liaison to plaintiff States and the European Union.
  • United States, in merger of SABMiller and Molson Coors, investigated a proposed multibillion dollar merger of two leading beer brewers involving issuance of a Second Request.

Perspectives

Deskbook on Internal Investigations, Corporate Compliance and White Collar Issues (2nd Edition)
PLI Practising Law Institute
Recent Trends in Cartel Enforcement
Cartel Update, ABA Section of Antitrust Law Webinar
Consumer Products in the Age of Big Data
Article in Consumer Products: Adapting to Innovation Report
Consumer Products: Adapting to Innovation
Doing Deals with Competitors: Beware of Taking Minority Equity Stakes or Board Seats
More

Recognition

The Legal 500 US
Antitrust: Civil Litigation/Class Actions (2017)

Credentials

Education
  • JD, Stanford Law School, 1997
  • BS, General Engineering, Stanford University, 1988
  • BA, Quantitative Economics, Stanford University, 1988
Admissions
  • California
  • District of Columbia
  • Supreme Court of the United States
  • US Court of Appeals for the Ninth Circuit
Government and Military Service
  • Prosecutor, Antitrust Division, US Department of Justice
  • Trial Attorney, Antitrust Division, National Criminal Enforcement Section, US Department of Justice
  • Trial Attorney, Antitrust Division, Networks and Technology Section, US Department of Justice
Activities
  • Member, American Bar Association, Antitrust Section
Overview

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