Howard W. Fogt

Retired Partner

Howard W. Fogt

Retired Partner

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).

Awards and Recognition

  • Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell’s peer review rating system

Affiliations

  • Adjunct professor of European Community Law at Georgetown University Law Center
  • Course instructor at the International Law Institute, where he has taught fundamentals of antitrust since January 2016
  • Defined and implemented the competition compliance program for an international trade association having members from over 80 countries
  • Past vice chairman of the American Bar Association’s International Law and Practice Section Committee on the International Aspects of Antitrust Law
  • Chaired the ABA Antitrust Section’s International Law Subcommittee on Foreign Antitrust Laws
  • Current co-chair of the Committee on International Antitrust of the Section on Antitrust and Trade Regulation of the Federal Bar Association

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

Languages

  • Fluent in French
    • Holds a Certificate Pratique de Francais Commercial de la Chambre de Commerce et d’Industrie de Paris
  • A notion of Italian
06 January 2021 Blogs

Brexit’s Exit: The Beginning of the End or the End of the Beginning?

Four and One-Half Years! January 1, 2021 … at last … at long last as some might celebrate… or, as others might lament, a day which should have never come. Brexit is finally arriving.
28 October 2019 Blogs

Brexit Chaos Continues to Drive the UK Motor Vehicle Industry into the Ditch

Three and one-half years after the UK voted narrowly in favor of Brexit, uncertainty on the timing, terms or even whether there will be an exit from the EU continues to damage UK’s motor vehicle industry – whether in terms of production, employment or future investment.
16 April 2019 Blogs

Brexit … Exit or No Exit?

Almost three years after the UK’s 2016 referendum to exit the EU (“Brexit”), there is no UK agreement on the substantive terms of exit or its timing. It is clear, however, that Brexit is causing devastating economic loss and unemployment, particularly in UK’s motor vehicle industry.
08 January 2019 Blogs

Brexit: Dead ... Ahead?

“Brexit” – the United Kingdom’s (“UK”) 2016 voter referendum to exit the European Union (“EU”) has grown from a nagging itch in many people’s sides to a full-blown feeding frenzy. There is now virtually blow-by-blow news coverage of daily developments.
13 November 2017 Blogs

Brexit: “The Natives are restless and seem desirous of fighting”

As should be obvious, industry in the UK, particularly in the automotive sector, has become increasingly concerned about the lack of apparent progress on Brexit and the two-year clock that continues to run.
30 March 2017 Blogs

Brexit: UK/EU Jump into the Unknown - What’s Ahead?

Where do we stand today? On March 29, 2017, the UK gave notice under Article 50 of the Treaty of Lisbon that it is withdrawing from the EU.