Wm. Randolph Smith is a partner and chair of the firm's Antitrust Group, which was named a "Practice Group of the Year" in 2014 by Law360. His recent matters include acting as lead antitrust counsel in some of the largest and most significant transactions in the aerospace, telecommunications, mining and chemical industries. Examples include:
- AT&T's $67 billion proposed acquisition of DIRECTV, and its recently completed purchase of LEAP Wireless.
- Flowers Foods' 2013 acquisition of Wonder Bread brand and other assets from the bankrupt estate of Hostess, Inc.
- United Technologies' $16 billion acquisition of Goodrich Aerospace, and sale of its Rocketdyne division to Gencorp.
- DuPont's $5.8 billion acquisition of Danisco and $4.9 billion sale of its automotive and industrial coatings business.
- United Technologies' acquisition of GE Security.
- AT&T's acquisition of Centennial Wireless and proposed acquisition of T-Mobile USA.
- Rio Tinto's sale of Wyoming mining operation to Arch Minerals.
He also handles government investigations and antitrust litigation, including:
- Third party representations in FTC investigation of vertical issues in aerospace transaction, DOJ investigation of biotech transaction and FTC investigation of on-line advertising transaction.
- FTC investigations of tying, exclusive dealing, "patent ambush" and competitor collaboration issues.
- DOJ investigations of teaming agreement and Clayton 8 issues.
- Application for corporate amnesty from criminal prosecution under the Justice Department's "Leniency Program."
- Multidistrict class action antitrust cases involving AT&T's iPhone.
- Defense of antitrust counterclaim in trade secret case for DuPont.
- Robinson-Patman Act litigation in building products.
Mr. Smith's practice involves the full range of antitrust advice associated with mergers, acquisitions, joint ventures, trade associations, cartel enforcement, e-business, the Robinson-Patman Act, the Hart-Scott-Rodino Act, and the interaction of the antitrust laws and intellectual property. In addition, based on his experience in the Bureau of Consumer Protection at the FTC, he advises on advertising, warranty, and other consumer law issues, in conjunction with the firm's APRM practice.
His principal client relationships include Alcoa, AT&T, CSX Transportation, DuPont, Enterprise Holdings, Rio Tinto, and United Technologies Corporation (including Pratt & Whitney Aircraft, Otis Elevators, Carrier Air Conditioning, UT Aerospace Systems and Sikorsky Helicopters).
Mr. Smith has been recognized by The Best Lawyers In America in the area of antitrust law every year 2007-15, and has been named to the Washington, D.C. "Super Lawyer" list each of those years. He is recommended by every significant publication ranking antitrust lawyers, including Chambers USA: America's Leading Business Lawyers, Chambers Global: The World's Leading Business Lawyers, Legal Media Group's Expert Guide to Competition and Antitrust Lawyers, and the Global Competition Review's GCR 100.
Prior to joining Crowell & Moring in 1981, Mr. Smith completed six years of service with the Federal Trade Commission, where his positions included Executive Assistant to the Chairman, Attorney Advisor to the Chairman, Acting Assistant Director of the Los Angeles Regional Office, and Assistant to the Deputy Director of the Bureau of Consumer Protection.
Mr. Smith obtained his law degree in 1975 from Stanford University Law School, where he was a member of the Stanford Law Review. He graduated Phi Beta Kappa from Tulane University in 1972. He has published articles and commentary on recent antitrust developments, and has been on the faculty of numerous antitrust programs.
In The News
Mr. Smith was featured in Of Counsel, discussing his career, the legal profession, and why he decided to practice in the area of antitrust. Click here to download the interview.