Richard L. Flannery

Associate

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.

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)
05 February 2024 Article

Hart-Scott-Rodino Reporting Threshold Increases by $8.1 Million

On February 5, 2024, the Federal Trade Commission (FTC) published a Notice in the Federal Register announcing the latest annual adjustments to the reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976.
10 January 2024 Deals and Wins

Foley Represents Subsidiaries of American Electric Power Company and PNM Resources in Agreement to Sell New Mexico Solar Assets

Foley represented subsidiaries of American Electric Power and PNM Resources in the agreement to sell their renewables joint venture, New Mexico Renewable Development, LLC, to Exus North America Holdings, LLC for approximately $230 million.
20 December 2023 Article

DOJ and FTC Release Significantly Expanded Merger Guidelines

On December 18, 2023, the U.S. Department of Justice Antitrust Division and Federal Trade Commission released a significant revision and expansion to the federal Merger Guidelines, the document that lays out the framework for how the Agencies will analyze mergers for potential antitrust concerns.
19 December 2023 Article

Behind Antitrust Enforcers' 2023 Labor And Employment Push

In 2023, the U.S. Department of Justice and Federal Trade Commission made significant progress on their multiyear efforts to expand antitrust enforcement in the field of labor and employment.
19 October 2023 Deals and Wins

Foley Represents Jelly Belly Candy Company in its Sale to Ferrara Candy Company

Foley & Lardner LLP advised Jelly Belly Candy Company in its agreement to be sold to Ferrara Candy Company.
27 September 2023 Manufacturing Industry Advisor

What Every Multinational Company Should Know About...The Foreign Trade Antitrust Improvements Act

The United States Department of Justice actively enforces the Sherman Act within the U.S. and internationally.