Overview

Alan D. Rutenberg is a partner in the Washington, D.C. office of Foley & Lardner LLP. He is chair of the firm’s national Antitrust Practice, and a member of its Litigation Department, Health Care Industry Team, and Manufacturing Industry Team. Mr. Rutenberg's practice focuses on antitrust law.

In the antitrust area, Mr. Rutenberg:

  • Counsels clients on a variety of issues, including those arising in mergers and acquisitions, joint ventures, competitor collaborations, licensing and other intellectual property matters, pricing practices, and various distribution matters.
  • Has advised clients in hundreds of mergers and acquisitions matters, ranging from multimillion dollar to multibillion dollar transactions. He is active in representing clients with regard to both domestic and international antitrust aspects of transactions.
  • Regularly represents clients before the Federal Trade Commission and the Antitrust Division of the Department of Justice on mergers and acquisitions investigations. His experience involves managing every phase of the investigation, including coordinating premerger notification filings, developing white papers and presentations for agency submission, responding to agency "Second Requests," and negotiating to address agency concerns, including through consent decrees. He represents clients that are parties to agency investigations as well as third party complainants, and third parties subpoenaed by the government.
  • Litigates matters, including class action defense and antitrust issues that arise in intellectual property litigation.
  • Is active in counseling clients on reportability and compliance matters under the Hart-Scott-Rodino Act and international premerger notification regimes, and coordinating premerger notification obligations for cross-border transactions.
  • Represents clients in criminal investigations by the Antitrust Division of the Department of Justice and civil conduct investigations by the Federal Trade Commission and Antitrust Division of the Department of Justice.
  • Provides compliance assistance, including preparing company policy manuals and providing training.

Mr. Rutenberg has represented clients in a wide range of industries, including commercial and industrial products, health care, energy, insurance and financial services, funeral and cemetery services, automotive related products, consumer goods, printing, software, media, food, scrap recycling, electric motors and pharmaceuticals.

Mr. Rutenberg was featured in “Halcyon Days Are Here Again, The Return of Antitrust to M&A, Best Practices of the Best Dealmakers,” published by The M&A Advisor and Merrill DataSite, 2014.

Selected Presentations 

  • Instructor, M&A session, “Antitrust and Competition Laws: Foundations and New Developments,” International Law Institute Seminar, June 14, 2017
  • Co-presenter, “Staying Competitive and Compliant in the EU: 2015 Key Developments on Competition Matters,” Foley & Lardner Webinar, January 28, 2016
  • Co-presenter, ABA Antitrust Section Corporate Counsel Monthly Updates, October 2014
  • Co-presenter, “Access to Capital: Managing the Antitrust Risks Associated With Mergers and Affiliations,” Foley & Lardner Webinar, August 15, 2013
  • Co-presenter, "Recent Developments in Hart-Scott-Rodino Enforcement," Law Seminars International, February 26, 2010
  • Co-presenter, "Keeping Your Deal on Track: Antitrust Issues in Mergers & Acquisitions," Foley & Lardner Webinar, Fall 2008
  • Moderator, "Trustees: The Role and Use in FTC/DOJ Merger Remedies," ABA Section of Antitrust Law Mergers & Acquisitions Committee, December 6, 2007
  • Co-presenter, "Lobbying for Foreign Agents and Foreign Principals," thecapitol.net audio-conference, October 23, 2007

Selected Publications

  • Co-Author, “Hart-Scott-Rodino and Interlocking Directorates Thresholds Rise for 2018,” Foley & Lardner LLP Legal News Alert: Antitrust, January 30, 2018
  • Co-Author, “The General Counsel’s Cheat Sheet to the Hart-Scott-Rodino Act,” The M&A Journal, August 2017
  • Co-Author, “EU Antitrust Continuity Potentially Threatened by Brexit,” Dashboard Insights, February 6, 2017
  • Co-Author, “2017 Antitrust Outlook – A Year of Uncertainty,” Dashboard Insights, February 2, 2017
  • Co-Author, “Hart-Scott-Rodino Threshold Crosses $80 Million Mark,” The National Law Review, January 27, 2017
  • Co-Author, “FTC Again Finds Success in High-Profile Hospital Merger Appeal,” The National Law Review, November 2, 2016
  • Co-Author, “FTC Finds Success in High-Profile Hospital Merger Appeal,” The National Law Review, September 29, 2016
  • Co-Author, “Brexit – What, When and Why?” Dashboard Insights, July 18, 2016
  • Co-Author, “Judge Allows Advocate-NorthShore Merger to Proceed; FTC May Appeal,” Foley & Lardner LLP Legal News Alert: Antitrust, June 15, 2016
  • Co-Author, “Federal Judge Refuses FTC Request to Block Hershey/Pinnacle Deal; FTC to Appeal,” Foley & Lardner LLP Legal News Alert: Antitrust, May 11, 2016
  • Co-Author, “Annual Adjustments to Hart-Scott-Rodino and Interlocking Directorates Thresholds,” Foley & Lardner LLP Legal News Alert: Antitrust, January 28, 2016
  • Co-Author, “Clarity Put on Hold as FTAIA Conflict/Confusion Continues,” Foley & Lardner LLP Legal News Alert: Antitrust, June 22, 2015
  • Co-author, “Takeaways From the FTC/DOJ Workshop on Health Care Competition," Foley & Lardner LLP Health Care Law Today, March 15, 2015
  • Co-author, “Hart-Scott-Rodino and Interlocking Directorates Thresholds Ratchet Up,” Foley & Lardner LLP Legal News Alert: Antitrust, January 21, 2015
  • Co-author, book chapter, “The Antitrust Laws and Big Data,” Big Data: A Business and Legal Guide, Taylor & Francis Group, 2014
  • Co-author, “Commission Tightens Rules of Exemption Under the EU De Minimis Safe Harbor,” Foley & Lardner LLP Legal News Alert: Antitrust, August 6, 2014
  • Co-author, “District Court Upholds FTC Hart-Scott-Rodino Rules for Pharmaceutical Patent Transfers,” PharmaPatents blog, June 26, 2014
  • Co-author, “Hart-Scott-Rodino Thresholds to Increase Further Due to Annual Indexing,” Foley & Lardner LLP Legal News Alert: Antitrust, January 24, 2014
  • Co-author, “New FTC Rules for Exclusive Pharmaceutical Patent Licenses,” PharmaPatents blog, November 20, 2013
  • Co-author, “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
  • Co-author, “Fourth Circuit Hands FTC Win Against State Dental Board,” Bloomberg BNA: Antitrust & Trade Regulation Report™, June 28, 2013
  • Co-author, “Supreme Court Game Changer: Rule of Reason Applies to ANDA Reverse Payment Settlements,” Foley & Lardner LLP Legal News Alert: Antitrust, June 19, 2013
  • Co-author, “Supreme Court Issues Landmark Ruling in Hospital Merger Case on Scope of Action Immunity,” Foley & Lardner LLP Legal News Alert: Antitrust, February 20, 2013
  • Co-author, “Hart-Scott-Rodino Thresholds to Rise Further Due to Annual Indexing,” Foley & Lardner LLP Legal News Alert: Antitrust, January 15, 2013
  • Co-author, “Inside FTC’s New Rules for Investigations,” Competition Law 360, November 9, 2012
  • Co-author, “Understanding Recent Developments in Hospital Merger Enforcement,” Foley & Lardner LLP Legal News Alert: Antitrust, May 9, 2012
  • Co-author, “Hart-Scott-Rodino Thresholds to Rise Again Based on Annual Indexing,” Foley & Lardner LLP Legal News Alert: Antitrust, January 30, 2012
  • Co-author, “FTC Amends Hart-Scott-Rodino Notification Requirements,” Foley & Lardner LLP Legal News Alert: Antitrust, July 12, 2011
  • Author, “Hart-Scott-Rodino Thresholds to Increase Again Based Upon Annual Indexing,” Foley & Lardner LLP Legal News Alert: Antitrust, February 1, 2011
  • Co-author, “European Commission Adopts New Vertical Restraints Block Exemption Regulation,” Foley & Lardner LLP Legal News Alert: Antitrust, April 20, 2010
  • Author, "Hart-Scott-Rodino Thresholds to Decrease For First Time Based Upon Annual Indexing," Foley & Lardner LLP Legal News Alert: Antitrust, January 27, 2010
  • Co-author, "Evolving Convergence: Antitrust/Competition Law and Policy/Procedure in the United States, European Union, and China," Foley & Lardner LLP Legal News: China Quarterly Newsletter, December 9, 2009
  • Co-author, "Antitrust Issues in Generic Drug Settlements: Recent Developments and Considerations in Where to Draw the Line," Foley & Lardner LLP IP Litigation Fall Newsletter, Fall 2009
  • Author, "Recent Civil Penalty for Failing to Comply with Hart-Scott-Rodino Act Illustrates Need for Strict Adherence to Reporting Obligations," Foley & Lardner LLP Legal News Alert: Antitrust, July 6, 2009
  • Co-author, "Jon Leibowitz Appointed FTC Chair: Potential Impact on the Pharmaceutical Industry," Foley & Lardner LLP Legal News Alert: Life Sciences, March 12, 2009
  • Author, "Hart-Scott-Rodino Thresholds to Increase Based Upon Annual Indexing," Foley & Lardner LLP Legal News Alert: Antitrust, January 15, 2009
  • Co-author, U.S. Distribution Law section of Practical Law Company’s International Sales and Marketing Practice Manual, 2002 with updates through 2008
  • Author, "Hart-Scott-Rodino Thresholds to Rise Again Based Upon Annual Indexing," Foley & Lardner LLP Legal News Alert: Antitrust, January 31, 2008
  • Co-author, "Recent Civil Penalty for Failure to Comply with Hart-Scott-Rodino Act Highlights Need to be Vigilant Regarding Reporting Thresholds," Foley & Lardner LLP Legal News Alert: Antitrust, June 4, 2007
  • Author, "Hart-Scott-Rodino Thresholds Continue to Rise Based Upon Annual Indexing," Foley & Lardner LLP Legal News Alert: Antitrust, January 1, 2007
  • Author, "Annual Increase in Hart-Scott-Rodino Thresholds," Foley & Lardner LLP Legal News Alert: Antitrust, February 10, 2006
  • Co-author, "Hart-Scott-Rodino Rule Changes Seek to Reconcile the Treatment of Corporate and Unincorporated Entities," Foley & Lardner LLP Legal News Alert: Antitrust, March 14, 2005
  • Author, "Increase in Hart-Scott-Rodino Thresholds," Foley & Lardner LLP Legal News Alert: Antitrust, January 26, 2005
  • Co-author, "New Antitrust Law Increases Criminal Penalties," Foley & Lardner LLP Legal News Alert: Antitrust, June 24, 2004
  • Co-author, "HSR Violations Result in Civil Penalties: HSR Investment Only Exemption Continues to be Narrowly Construed," Foley & Lardner LLP Legal News Alert: Antitrust, June 9, 2004
  • Co-author, "Foreign Entanglements: The Growing Complexities of International Merger Control," Foley & Lardner LLP Legal News: European Perspective, November 2003
  • Author, "Hart-Scott-Rodino Act Applicability to the Assignment and Exclusive Licensing of Intellectual Property," Foley & Lardner LLP Legal News Alert: Antitrust, October 31, 2003
  • Co-author, "European Commission Adopts Comprehensive Merger Control Reform: May Bring Greater Conformity Between US and EU Systems," Foley & Lardner LLP Legal News Alert: Antitrust, January 20, 2003

Mr. Rutenberg graduated from Transylvania University (B.S., summa cum laude, 1991) and Harvard Law School (J.D., cum laude, 1994). While at Harvard Law School, he was member of the best team in its Ames Moot Court Competition. He is a member of the American Bar Association's Section of Antitrust Law, contributed to its publication Antitrust Law Developments (7th ed. 2012) and previously served for a number of years (2003-2008) as co-editor-in-chief of its Mergers and Acquisitions Newsletter.

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