Sectors
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Richard L. Flannery

Senior Counsel

Richard L. Flannery

Senior Counsel

Richard Flannery is an antitrust lawyer in the Firm’s Antitrust & Competition Practice Group. His practice focuses on antitrust issues in mergers and acquisitions and government investigations. His experience includes analyzing antitrust risk in mergers and acquisitions, advising clients during the due diligence and integration planning processes, negotiating antitrust risk allocation provisions in purchase agreements, and responding to Civil Investigative Demands and subpoenas issued by the Federal Trade Commission and Department of Justice. He has experience with transactions involving health insurance, health care provider groups, hospitals, pharmaceuticals, technology companies, and the manufacturing and entertainment sectors. Richard also counsels clients on antitrust issues related to joint venture formation and compliance in a variety of sectors.

In his M&A practice, Richard regularly represents clients in investigations before federal antitrust enforcers, including Second Request merger investigations and Voluntary Access Letters. Richard is experienced in document production for Second Request investigations, responding to written inquiries, and interfacing with the Federal Trade Commission and Department of Justice. Richard also has experience defending government depositions and investigative hearings.

Additionally, Richard helps clients throughout the Hart-Scott-Rodino (HSR) Act filing process. He has prepared dozens of HSR filings and advises clients on HSR reportability rules. Richard has also drafted and negotiated dozens of clean team agreements to ensure antitrust compliance for information sharing throughout the due diligence and integration planning processes.

Richard also provides antitrust counseling services including antitrust audits, joint venture formation questions, and employee and trade association compliance trainings.

Awards and Recognition

  • Mondaq Thought Leadership Award for Antitrust/Competition Law (Spring 2025)

Presentations and Publications

  • Co-author, “Behind antitrust Enforcers’ 2023 Labor and Employment Push,” Law360 (December 19, 2023)
  • Co-author, “An Analysis of the “Deputization” Theory of Section 8 of the Clayton Act,” The Antitrust Source (August 2023)
  • Author, “The Appropriate Test for Relevant Geographic Market Definition in Hospital Mergers,” Antitrust Health Care Chronicle (November 2017)
January 23, 2026 Deals and Wins

Foley Represents DLB in Sale of Majority Stake to Accenture

Foley & Lardner LLP represented DLB Associates and its affiliated companies (collectively “DLB”), an industry leader and trailblazer in engineering and consulting services for data centers and related mission critical facilities, in the sale of a majority stake to Accenture (NYSE: ACN).
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January 20, 2026 Foley Viewpoints

Hart-Scott-Rodino Reporting Threshold Increases by $7.5 Million After Latest Yearly Adjustment

Because these annual adjustments are pegged to changes in gross national product, the HSR reporting thresholds tend to increase every year, except for periods of recession.
June 5, 2025 Deals and Wins

Foley Represents Mayville Engineering Company in Acquisition of Accu-Fab

Foley & Lardner LLP represented Mayville Engineering Company (MEC), a provider of design, prototyping, and manufacturing solutions, in its definitive agreement to acquire Accu-Fab, LLC (Accu-Fab) from Tide Rock for $140.5 million. The transaction is expected to close in the third quarter of 2025, subject to customary closing conditions.
February 28, 2025 Deals and Wins

Foley Represents Matterport in Acquisition by CoStar Group

Foley & Lardner LLP represented Matterport, the global leader in 3D digital twin technology, in its sale to CoStar Group, a leading provider of online real estate marketplaces, information, and analytics in the property markets.
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January 22, 2025 Foley Viewpoints

Hart-Scott-Rodino Reporting Threshold Increases by US$6.9 Million

The past two weeks have been quite busy in the world of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR).
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October 14, 2024 Foley Viewpoints

FTC Finalizes Long-Awaited Rules that Will Substantially Increase the Scope and Detail of Premerger Antitrust Filings under Hart-Scott-Rodino Act

The FTC has finalized significant changes to the information and level of detail that will be required in premerger antitrust filings under the HSR Act. The new rules will take effect in early 2025.