Benjamin R. Dryden



Benjamin Dryden is a partner and antitrust lawyer, as well as vice chair of the Antitrust Practice Group, with Foley & Lardner LLP. His practice focuses on the antitrust issues that arise in mergers and acquisitions. Benjamin’s expertise includes counseling clients through the due diligence and integration planning processes, preparing Hart-Scott-Rodino premerger notification filings, and defending clients in “second request” investigations before the Department of Justice and Federal Trade Commission. He also performs a full range of day-to-day and event-driven antitrust compliance and risk management services with particular focuses on the antitrust issues that face health care providers and on antitrust issues relating to labor and employment.

Benjamin also maintains a broad practice representing businesses in complex civil litigation. He has litigated antitrust, constitutional law, breach-of-contract and regulatory disputes in federal and state courts across the country.


  • Recipient, Washington Super Lawyers® Rising Stars list for Antitrust Litigation (2014-2022)


  • University of Pennsylvania Law School (J.D., 2008)
    • Articles editor, University of Pennsylvania Journal of Constitutional Law
  • Wharton School (Certificate in Business and Public Policy 2008)
  • University of Michigan (B.A., 2004)
    • Member, Phi Beta Kappa

Publications & Presentations

  • Quoted, “Nonprofit hospitals may evade noncompete ban enforcement, experts say,” Healthcare Dive (January 20, 2023)
  • Quoted, “Proposed ban on noncompete clauses could affect ‘every business in the country,’ says attorney — what that means for you,” CNBC (January 11, 2023)
  • Quoted, “Kroger-Albertsons Antitrust Review Likely to Focus on Local Store Overlap,” The Wall Street Journal (October 21, 2022)
  • Quoted, “Labor Violations to Receive New Merger Scrutiny Via Agency Pact,” Bloomberg Law (July 22, 2022)
  • Speaker, “Noncompetes under Attack – Biden Administration Seeks to Limit Restrictive Covenants in the United States,” Foley Insights (July 21, 2021)
  • Speaker, “A New Doctrine for Trust-Busting: The Evolving View on Antitrust Litigation” (June 2, 2021)
  • Speaker, “2021 Antitrust Trends in the US” (April 14, 2021)
  • Co-presenter, “Antitrust Counseling for Health Care Providers,” Foley Insights (October 22, 2020)
  • Author, “Antitrust Counseling in the Pandemic Economy: Six Trends to Watch,” The Antitrust Counselor, Issue 14.3 (June 2020)
  • Co-presenter, “Antitrust Update” for the ABA Antitrust Law Section’s Corporate Counseling Committee (February 24, 2020)
  • Speaker, “The Case for Artificial Intelligence in a Privacy-Conscious World,” PREX, Chicago (2019)
  • Co-author, “The General Counsel's Cheat Sheet to the Hart-Scott-Rodino Act,” The M&A Journal Volume 17, Number 9 (2017)
  • Webinar, “Antitrust Issues in Labor & Employment” (2017)
  • Co-author, “Privacy Fixing and Predatory Privacy The Intersection of Big Data, Privacy Policies and Antitrust,” CPI Antitrust Chronicle (2017)
  • Co-author, “The Antitrust Laws and Big Data,” Big Data: A Business and Legal Guide (2014)


  • District of Columbia
  • Maryland
  • U.S. Court of Appeals
    • Fourth, Fifth, Eighth and D.C. Circuits