Clients rely on Andy Gavil due to his considerable experience as a practicing competition lawyer, academic, and former director of the Federal Trade Commission’s Office of Policy Planning. His interests and capabilities extend to all aspects of antitrust law and competition policy, including technology and digital markets, exclusionary conduct by dominant firms, analyses 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 senior counsel in Crowell & Moring’s Washington, D.C., office. As a member of the firm’s Antitrust and Competition Group, he supports the group’s litigation and counseling work. He is a leading academic authority on antitrust law and brings decades of experience to the group. He has been a member of the faculty at Howard University School of Law since 1989, where he teaches courses on antitrust law, civil procedure, complex litigation, federal courts, and Supreme Court jurisprudence. Andy has written, lectured, and commented extensively on antitrust law, jurisdiction, and procedure in the United States and abroad, and he is a frequent participant at antitrust conferences.
Andy 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 Antitrust Law Section 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. In 2021, Andy’s work for the section was recognized with an Outstanding Performance Award.
Speeches & Presentations
-
Fourth Annual Antitrust & Tech Conference: The Emerging Merger Enforcement Agenda in the U.S.: Implications for Tech and Beyond, Crowell & Moring Webinar, 2022.
(December 5, 2022).
Moderator: Andrew I. Gavil
-
"Antitrust and Legislation" Rulemaking Authority of the Federal Trade Commission
(June 27, 2022).
Moderator: Randy Stutz. Speakers: Bilal Sayyed, Andrew Gavil, and Sean Heather.
-
"FTC Rulemaking Authority: Toward Precautionary Regulations?" Information Technology & Innovation Foundation's Dynamic Antitrust Discussion Series, Webinar.
(November 12, 2021).
Speakers: Andrew I. Gavil
-
"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).
Client Alerts & Newsletters
-
"Supreme Court Hears Argument Regarding Challenges to Administrative Agency Procedures,"
Antitrust Law Alert
(November 8, 2022).
Contacts: Jeane A. Thomas, CIPP/E, Andrew I. Gavil, Daniel W. Wolff, Lauren T. Fleming, Darshan Patel, Aryeh Mellman
-
"DOJ and FTC Launch Process to Revise Merger Guidelines,"
Antitrust Law Alert
(January 20, 2022).
Contacts: Aryeh Mellman, Andrew I. Gavil, Jeane A. Thomas, CIPP/E, Shawn R. Johnson, Alexis J. Gilman, Olivier N. Antoine
-
"FTC v. Facebook: Court Denies Facebook’s Motion to Dismiss, Allowing Discovery to Proceed in FTC’s Monopolization Case,"
Antitrust Law Alert
(January 18, 2022).
Contacts: Shira Liu, Eric Fanchiang, Jeane A. Thomas, CIPP/E, Andrew I. Gavil, Olivier N. Antoine
-
"Crowell & Moring Co-Hosts Conference Highlighting Issues DOJ and FTC Will Focus on Revised Merger Guidelines,"
Antitrust Law Alert
(December 17, 2021).
Contacts: Alexis J. Gilman, Shawn R. Johnson, Jeane A. Thomas, CIPP/E, Andrew I. Gavil, Kate M. Watkins, Aryeh Mellman
-
"NCAA v. Alston Signals Peril for the NCAA’s Amateurism Defense But Implications for Antitrust Go Well-Beyond Collegiate Sports,"
Antitrust Law Alert
(June 23, 2021).
Contacts: Chahira Solh, Andrew I. Gavil, Shira Liu
-
"While Federal Antitrust Reform Legislation Slowly Moves Along, States May Chart Their Own Course,"
Antitrust Law Alert
(June 15, 2021).
Contacts: Shira Liu, Olivier N. Antoine, Juan A. Arteaga, Jeane A. Thomas, CIPP/E, Andrew I. Gavil
-
"FTC and DOJ Issue Draft of Long-Anticipated Vertical Merger Guidelines,"
Antitrust Law Alert
(January 15, 2020).
Contacts: Alexis J. Gilman, Shawn R. Johnson, Wm. Randolph Smith, Jeane A. Thomas, CIPP/E, Andrew I. Gavil
-
"An App Store Set Up This Way Won’t Keep The Plaintiffs Away: Six Antitrust Takeaways from Last Week’s Apple v. Pepper Decision,"
Antitrust Law Alert
(May 23, 2019).
Contacts: Chahira Solh, Andrew I. Gavil
-
"2018 Antitrust M&A Year in Review,"
Antitrust Law Alert
(March 1, 2019).
Contacts: Andrew I. Gavil, Alexis J. Gilman, Shawn R. Johnson, Jeane A. Thomas, CIPP/E, Wm. Randolph Smith
-
"Apple v. Pepper: Tearing Down the Illinois Brick Wall?—Who Can and Cannot Sue Online Platforms Under the Federal Antitrust Laws,"
(December 21, 2018).
Contacts: Chahira Solh, Andrew I. Gavil
-
"New Full Slate of FTC Commissioners Will Face Unique Challenges and Opportunities,"
Antitrust Law Alert
(April 30, 2018).
Contacts: Andrew I. Gavil, Alexis J. Gilman, Lisa Kimmel, Ph.D., Wm. Randolph Smith, Kristin J. Madigan, CIPP/US, Angel Prado
-
"FTC Flexes Enforcement Authority against Louisiana Real Estate Regulatory Agency for Anticompetitive Policies,"
Antitrust Law Alert
(June 5, 2017).
Contacts: Ryan C. Tisch, Andrew I. Gavil, Chahira Solh
-
"DOJ/FTC Issue Final Revised Antitrust-Intellectual Property Licensing Guidelines,"
Antitrust Law Alert
(January 17, 2017).
Contacts: Lisa Kimmel, Ph.D., Andrew I. Gavil, Mark A. Klapow, Kate M. Watkins
-
"FTC Releases Report on the Sharing Economy,"
Antitrust Law Alert
(November 23, 2016).
Contacts: Andrew I. Gavil, Lisa Kimmel, Ph.D., Megan L. Wolf
-
"Woodman's v. Clorox: 'Does Size Matter? Not Always' Under the Robinson-Patman Act,"
Antitrust Law Alert
(August 17, 2016).
Contacts: Ryan C. Tisch, Chahira Solh, Andrew I. Gavil
-
"DOJ/FTC Propose Update to 1995 Antitrust-Intellectual Property Licensing Guidelines and Seek Comments,"
Antitrust Law Alert
(August 15, 2016).
Contacts: Lisa Kimmel, Ph.D., Andrew I. Gavil, Mark A. Klapow
-
"FTC Sues Distributor for Invitation to Collude with Dual Distribution Manufacturer,"
Antitrust Law Alert
(August 12, 2016).
Contacts: Ryan C. Tisch, Andrew I. Gavil, Lisa Kimmel, Ph.D.
Press Coverage
-
Panelists: Khan Should Focus On Enforcement, Not Undemocratic Rule Efforts
June 28, 2022 — Communications Daily
-
Facebook Under Fire As U.S. Lawmakers Press For New Antitrust Complaint
July 2, 2021 — Reuters
-
Senate Confirms Progressive Antitrust Expert Lina Khan To FTC
June 15, 2021 — Los Angeles Times
-
Big Tech Adversary Poised to Take Assertive FTC Antitrust Role
May 23, 2021 — Wall Street Journal
-
Instant View: DOJ Files Antitrust Lawsuit Against Alphabet's Google
October 20, 2020 — Reuters
-
Democratic Split On Antitrust May Limit Reforms
October 20, 2020 — The Deal
-
Is House Judiciary Report A Fix For Big Tech, Or A One-Sided Political Document?
October 17, 2020 — Broadband Breakfast
-
Should Apple be allowed to kill one of Android’s best weather apps?
April 1, 2020 — Fortune
-
How the Courts Could Thwart a Silicon Valley Crackdown
February 11, 2020 — Politico
-
Amazon Could Face Antitrust Suit In 2020, But Asset Breakup Unlikely
January 15, 2020 — S&P Global
-
The Week in Tech: How Is Antitrust Enforcement Changing?
December 22, 2019 — The New York Times
-
CDK/Reynolds: Software Makers Fight State Laws Limiting Their Control Over Data Access
December 13, 2019 — The Capitol Forum
-
The Legacy Justice Stevens Left On Antitrust
July 19, 2019 — Law360
-
R.I.'s David Cicilline Uses His House Perch To Take On Google And Facebook
July 14, 2019 — Boston Globe
-
Trustbusters Are Bypassing The Biggest Tech Company Of Them All
June 28, 2019 — The Washington Post
-
5 Lessons From Microsoft's Antitrust Woes, By People Who Lived It
June 23, 2019 — The New York Times
-
When Mr. Gates Went to Washington
April 14, 2018 — The New York Times
-
Former FTC Official Joins Crowell & Moring
July 13, 2016 — Global Competition Review
Firm News & Announcements