Howard W. Fogt

Retired Partner

Overview

Howard W. Fogt is a retired partner and antitrust lawyer with Foley & Lardner LLP. Howard counseled and represented corporate clients in international and domestic trade regulation laws, multinational mergers and acquisitions, international antitrust, distribution and franchise matters, the transfer and license of intellectual property and technology, and the law of the European Economic Community. He was a member of the firm’s Antitrust and International Practices and the Automotive and Life Sciences Industry Teams. The extent of Howard's international practice required his regular presence at Foley’s office in Brussels, Belgium.

As part of his international practice, Howard worked on trade law issues with other Foley attorneys from several of our U.S. offices. These attorneys possess solid working knowledge of United States and international trade laws and remedies in a number of highly technical fields. Howard has particular experience in agricultural chemical fertilizers, phosphates, and other crop nutrients.

He represented export trading companies and other corporate clients before the International Trade Commission and in similar venues concerning export licensing, documentation, international finance and letters of credit, boycott situations, and other matters subject to the Export Administration Act.

Howard served as law clerk to the Hon. C. William O’Neill, Supreme Court of Ohio, and was appointed associate counsel for the Judiciary Committee of the U.S. House of Representatives (1968-1970).

Affiliations and Professional Memberships

Howard is an adjunct professor of European Community Law at Georgetown University Law Center. He is also a course instructor at the International Law Institute, where he has taught fundamentals of antitrust since January 2016. He has defined and implemented the competition compliance program for an international trade association having members from over 80 countries. He is a past vice chairman of the American Bar Association’s International Law and Practice Section Committee on the International Aspects of Antitrust Law. He has chaired the ABA Antitrust Section’s International Law Subcommittee on Foreign Antitrust Laws and currently is co-chair of the Committee on International Antitrust of the Section on Antitrust and Trade Regulation of the Federal Bar Association.

Recognition

In recognition of his experience, Howard has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system.

Education

Howard graduated from Princeton University (magna cum laude) and the University of Virginia (J.D., 1967).

Admissions

Howard is admitted to practice in the District of Columbia.

Languages

He is fluent in French, and holds a Certificate Pratique de Francais Commercial de la Chambre de Commerce et d’Industrie de Paris. He also has a notion of Italian.

Publications and Presentations

  • Author, “Brexit…Exit or No Exit?” Dashboard Insights, March 29,2019
  • Author, “Brexit: Dead … Ahead?” Dashboard Insights, January 8, 2018
  • Presenter, “Seminar on Antitrust Law,” International Law Institute, August 2017
  • Contributor, "International Antitrust Law Developments," American Bar Institute, 2017
  • Author, “Brexit: UK/EU Jump into the Unknown – What’s Ahead?” Dashboard Insights, March 30, 2017
  • Co-Author, “Brexit – What, When and Why?” Dashboard Insights, July 18, 2016
  • Author, “Critical white collar issues in 2016: Antitrust,” Westlaw Journal Automotive, May 17, 2016
  • Author, “Enforcement Provides Important Update for Auto Industry,” Foley & Lardner Dashboard Insights, July 20, 2015
  • Author, “Top Antitrust Issues Facing Automotive Suppliers in 2015,” Foley & Lardner Dashboard Insights, January 15, 2015
  • Co-Author, “United States: Clarity Put On Hold As FTAIA Conflict/Confusion Continues,” Mondaq, June 23, 2015
  • Co-author, book chapter, “The Antitrust Laws and Big Data,” Big Data: A Business and Legal Guide, Taylor & Francis Group, 2014
  • “Top Legal Issues Facing Suppliers in 2014: Antitrust,” Dashboard Insights, February 27, 2014
  • "Timely Merger Clearance Becomes Increasingly Problematic As Complex Rules and Procedures for Required Approvals Spread Around the World," Bloomberg BNA: Antitrust & Trade Regulation Report™, August 23, 2013
  • "US and EU Converging on Dominant-Firm-Abuse Theory," Law360, July 1, 2013
  • "Investing in the United States: How to Do Business with Americans," CASE Conference, Brussels, Belgium, February 4, 2010
  • "Investing in the United States: Legal Steps to Establish a Business in the U.S.," CASE Conference, Brussels, Belgium, February 4, 2010
  • Investir Aux États Unis: Comment Faire Des Affaires avec les Américains," CASE Conference, Paris, France, February 3, 2010
  • "The Privatisation of Gambling Activities in the U.S.," co-author, World Online Gambling Law Report, January 2010
  • "Staying Competitive and Compliant in the EU: 2009 Significant Developments," Foley & Lardner LLP Webinar, January 19, 2010
  • "Competition/Antitrust Implications for Life Science Companies," Life Sciences Seminar, Paris, France, October 19, 2009
  • "European Commission Publishes the Final Report on Its Pharmaceutical Sector Inquiry," Foley Legal News Alert: Antitrust, July 22, 2009
  • "European REACH Regulation Poses Significant Issues for Manufacturers and Importers of Chemicals Into the European Union," Foley Legal News Alert: International, June 29, 2009
  • Staying Competitive and Compliant in the EU – Part III, Foley & Lardner LLP Web Conference, February 19, 2009
  • "Investing in the United States: Regulation of Competition: Acquisitions, Methods of Distribution/Franchise and Other Competition Issues," Expanding Your Business to the United States of America Conference, Paris – December 8, 2008; Brussels – December 2, 2008
  • Staying Competitive and Compliant in the EU – Part II, Foley & Lardner LLP Web Conference, November 5, 2008
  • Staying Competitive and Compliant in the EU – Part I, Foley & Lardner LLP Web Conference, September 18, 2008
  • "European Commission Moves Closer to EU - Wide Private Antitrust Enforcement Mandate," Foley Legal News Alert: International, April 14, 2008
  • "Free Trade in a Regulated World," Public Gaming International, January 2008

Representative Matters

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Represented Regal-Beloit Corporation in successfully obtaining Department of Justice (DOJ) antitrust clearance for its approximately $875 million strategic acquisition of the electric motor business of A.O. Smith. Following an investigation by the DOJ, Regal-Beloit agreed to sell certain assets to address the Department’s competitive concerns. The transaction closed in August 2011.
Represented Wynnchurch Capital on its acquisition of the stock of Wolverine Advanced Materials from EPMC. Given the global reach of Wolverine, the transaction involved antitrust filings and clearances in multiple countries including U.S. and EU. This acquisition required a complex equity and debt financing structure that was negotiated with several banks and other financing sources.
Represented a large industry participant in responding to CID and subpoena in context of an FTC conduct investigation.