Photograph of Andrew I. Gavil

Government Experience

  • Federal Trade Commission—Director, Office of Policy Planning (2012-2014)

Education

  • Queens College, City University of New York, B.A. (1978) magna cum laude
  • Northwestern University School of Law, J.D. (1981)

Admissions

  • District of Columbia

Antitrust in the Digital Age: How Antitrust Investigations into Big Tech Impact Companies in Every Industry


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Crowell & Moring's Regulatory Forecast 2020.
Regulatory Forecast 2020

Andrew I. Gavil

Senior Of Counsel
Washington, D.C.
agavil@crowell.com
Phone: +1 202.628.2823
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Andrew I. Gavil is a senior of counsel in Crowell & Moring’s Washington, D.C., office and is a member of the firm’s Antitrust & Competition Group. His considerable antitrust experience extends to all aspects of antitrust law, competition policy, and antitrust litigation. He has particular capabilities in matters concerning exclusionary conduct by dominant firms, analysis of theories of competitive harm, regulatory responses to new and disruptive firms and business models, and international and comparative aspects of competition policy.

Andy is a leading academic authority on antitrust law and offers decades of experience as a practitioner, professor, and former director of the Office of Policy Planning at the Federal Trade Commission. He has been a member of the faculty at the Howard University School of Law since 1989, where he teaches courses on antitrust law, federal regulation, civil procedure, and complex litigation. He has written, lectured, and commented extensively on antitrust law, jurisdiction, and procedure in the U.S. and abroad.

He has also co-authored several books, including a leading antitrust casebook and "Microsoft and the Globalization of Antitrust Law: Competition Policy for the Twenty-First Century." He has been recognized by the Section of Antitrust Law of the American Bar Association for his contributions to the work of the Section, and has served on the Council of the Section and as a frequent speaker at Section events. He is a Senior Editor and former Chair of the Editorial Board of the Antitrust Law Journal and the Chair of the Section’s International Scholar in Residence Selection Committee.

Andy earned his J.D. from Northwestern University School of Law, where he was a member of the Law Review, and earned his B.A. magna cum laude from Queens College of the City University of New York.


Affiliations

Admitted to practice: District of Columbia; Illinois (inactive); U.S. Supreme Court


Speeches & Presentations

  • "FTC Rulemaking Pursuant to Biden’s Executive Order and Beyond: What is Settled, Not Settled, and What to Expect Going Forward," Crowell & Moring Webinar (September 1, 2021). Moderator: Alexis Gilman. Speakers: Daniel W. Wolff, Andrew I. Gavil, and Lisa Kimmel, Ph.D.
  • "Tale of Two Complaints: Facebook Antitrust Lawsuits," ABA Webinar (April 21, 2021). Panelist: Andrew I. Gavil.
  • "Working Within the Current Framework: Options Under Current Law," Second Annual Antitrust & Tech Conference: Reinvigorating Antitrust Enforcement in Digital Markets: Issues & Prospects (December 8, 2020). Moderator: Andrew I. Gavil; Panelist: Jordan Ludwig.
  • "Establishing Priorities for Reforming Antitrust Law and Enforcement," Second Annual Antitrust & Tech Conference: Reinvigorating Antitrust Enforcement in Digital Markets: Issues & Prospects (December 8, 2020). Moderator: Andrew I. Gavil.
  • "Increased Antitrust Scrutiny and Enforcement in Tech: the Risks and Opportunities are Not Just for Big Tech," GCR/Lexology Webinar (April 15, 2020). Moderator: Andrew I. Gavil; Panelists: Alexis J. Gilman, Thomas De Meese, and Jeane A. Thomas.
  • "Panel 1: Monopolization and Abuse: Application to Platforms and Digital Markets," Antitrust and 21st Century Bigness: Dealing with Tech Platforms in a Globalized World, New York, NY (February 28, 2020). Panelist: Andrew I. Gavil.
  • "Competition Law, Regulation, Commons, or something else? How can we deal with the power of digital platforms?" Taming the "Fourth Power," London, UK (December 14, 2018). Panelist: Andrew I. Gavil.
  • "Innovation and Unilateral Conduct - The U.S. Approach," EU Competition Law: Current Issues in a Global Context, Brussels, Belgium (May 19, 2017). Presenter: Andrew I. Gavil.
  • "The FTC Is Sharing Again: Lessons from the Sharing Economy Report," Washington, D.C. (December 15, 2016). Moderator: Andrew I. Gavil.
  • American Bar Association, Section of Antitrust Law, Antitrust Masters Course VIII, Williamsburg, VA (September 29 - October 1, 2016). Principal Lecturer: Andrew I. Gavil.
  • "The Effect of Competition Law and Policy on Market Dynamics," The Capitol Forum and New America, National Press Club, Washington, D.C. (June 30, 2016). Panelist: Andrew I. Gavil.
  • "Approaching Restitution to Victims in Cartel Matters," American Bar Association, Section of Antitrust Law, 2016 Antitrust Sentencing Symposium, Washington, D.C. (June 21, 2016). Panelist: Andrew I. Gavil.
  • "Keeping Pace with Digital Disruption: Regulating the Shared Economy," World Bank Group, Business Environment Forum 2016, Washington, D.C. (May 18, 2016). Panelist: Andrew I. Gavil.
  • “Next Generation of Antitrust Scholars Conference,” American Bar Association, Section of Antitrust Law, New York University School of Law (January 22, 2016). Commentator: Andrew I. Gavil.
  • "A Flexible Healthcare Workforce Requires a Flexible Regulatory Environment," Seattle University School of Law, Symposium: Healthcare in the 21st Century: The Role of Competition Co-Presenter: Andrew I. Gavil. Proceedings and papers to be published in the Washington Law Review.
  • "Competition in the Digital Age," University of East Anglia, Centre for Competition Policy, 11th Annual Conference, Norwich, U.K. (June 18-19, 2015). Speaker: Andrew I. Gavil.
  • "Abuse of Dominance," Northwestern University School of Law, Searle Center on Law, Regulation & Economic Growth, Sixth Annual Chicago Forum on International Antitrust Issues, Chicago, IL (June 8-9, 2015). Panelist: Andrew I. Gavil.
  • "The Microsoft Cases: A Retrospective and Lessons Learned," ABA, Section of Antitrust Law, Federal Civil Enforcement Committee (June 5, 2015). Panelist: Andrew I. Gavil.
  • "The Microsoft Antitrust Cases: Competition Policy for the Twenty-first Century," New York State Bar Association, Antitrust Section, Executive Committee Meeting (May 20, 2015). Co-Presenter: Andrew I. Gavil.
  • "The Microsoft Antitrust Cases - Implications for Competition Policy and Enforcement," Oxford University, Centre for Competition Law & Policy, Oxford, U.K. (February 5, 2015). Speaker: Andrew I. Gavil.
  • "The Microsoft Antitrust Cases: Retrospective and Prospective," University College London, Centre for Law, Economics & Society, London, U.K. (February 4, 2015). Seminar Speaker: Andrew I. Gavil.
  • “The FTC and Competition Law,” George Washington Law Review, Symposium on The FTC at 100: Centennial Commemorations and Proposals for Progress (November 8, 2014). Panelist: Andrew I. Gavil.

Publications

  • "Roundtable: The Legacy of the Microsoft Case," American Bar Association ANTITRUST Magazine, Vol. 35, No. 2 (Spring 2021). Panelist: Andrew I. Gavil
  • "Antitrust Is Poised For Change: How Far Will It Go?" Competition Policy International (January 12, 2021). Authors: Andrew I. Gavil, and Angel Prado.
  • "Antitrust in the Digital Age," Crowell & Moring's Regulatory Forecast 2020 (February 26, 2020). Contributors: Shawn R. Johnson, Wm. Randolph Smith, Jeane A. Thomas, Andrew I. Gavil, Gail D. Zirkelbach, Alexis J. Gilman, Jason C. Murray, Lisa Kimmel, and Thomas De Meese.
  • "Antitrust – Antitrust Enforcement Policy for Big Data? Stay Tuned." Crowell & Moring's Regulatory Forecast 2019 (February 27, 2019). Contributors: Alexis J. Gilman and Andrew I. Gavil.
  • "Explaining Antitrust In A Time Of Fake News And Fool's Gold," Forbes Washington Bytes (January 27, 2017). Author: Andrew I. Gavil.
  • "Antitrust Law in Perspective: Cases, Concepts and Problems in Competition Policy" (3rd ed. forthcoming 2016). Authors: Andrew I. Gavil, William E. Kovacic, Jonathan B. Baker, and Joshua D. Wright.
  • "A Flexible Health Care Workforce Requires a Flexible Regulatory Environment: Promoting Health Care Competition Through Regulatory Reform," 91 Wash. L. Rev. 147 (2016). Co-Author: Andrew I. Gavil.
  • "The FTC's Study and Advocacy Authority In its Second Century: A Look Ahead," 83 Geo. Wash. L. Rev. 1902 (2015). Author: Andrew I. Gavil.
  • "Imagining a Counterfactual Section 36: Rebalancing New Zealand's Competition Law Framework," 46 Victoria U. of Wellington L. Rev. 1043 (2015). Author: Andrew I. Gavil.
  • "Microsoft and the Globalization of Antitrust Law: Competition Policy for the Twenty-First Century," MIT Press (2014). Authors: Andrew I. Gavil and Harry First.
  • "Moving Beyond Characterization and Caricature: The Modern Rule of Reason in Practice," 85 S. Cal. L. Rev. 733 (2012). Author: Andrew I. Gavil.
  • "Resale Price Maintenance in the Post-Leegin World: A Comparative Look at Recent Developments in the United States and the European Union," The CPI Antitrust Journal (June 2010 (1)). Author: Andrew I. Gavil.
  • "Thinking Outside the Illinois Brick Box," 76 Antitrust L.J. 167 (2009). Author: Andrew I. Gavil.
  • "Antitrust Bookends: The 2006 Supreme Court Term in Historical Context," Antitrust, at 21 (Fall 2007). Author: Andrew I. Gavil.
  • "Antitrust Remedy Wars Episode I: Illinois Brick from Inside the Supreme Court," 72 St. John's L. Rev. 553 (the 2004 Lewis Bernstein Memorial Lecture) (2005). Author: Andrew I. Gavil.
  • "Exclusionary Distribution Strategies By Dominant Firms: Striking A Better Balance," 72 Antitrust L.J. 3 (2004). Author: Andrew I. Gavil. Recipient of the Jerry S. Cohen Memorial Award for Antitrust Scholarship, 2005. translated and republished in South Korean Journal of Competition, 121, 9-10 & 122, 11 (2005).

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Media Mentions


Firm News & Announcements

Feb.22.2019 Crowell & Moring's Antitrust Group Listed as "Highly Recommended" in Global Competition Review's 19th Annual "GCR 100"
Jul.12.2016 Crowell & Moring Bolsters Antitrust Capabilities with Senior Of Counsel Professor Andrew I. Gavil