Juan A. Arteaga is a partner in the Antitrust and White Collar & Regulatory Enforcement groups in Crowell & Moring’s New York office. His practice focuses primarily on advising companies, boards of directors, and executives on a broad range of civil and criminal antitrust matters, including litigation, merger reviews, government and internal investigations, and counseling regarding various business practices. Juan also represents clients in a wide range of high-stakes, complex commercial litigation matters, including securities litigation, shareholder derivative actions, class actions, and international arbitrations.

From 2013 until 2017, Juan was a senior official in the Antitrust Division of the U.S. Department of Justice. During this period, he served as the Deputy Assistant Attorney General for Civil Enforcement, where he worked on and oversaw investigations and litigations in various industries, including financial services, aviation, food and beverage, health care, technology, cable, manufactured products, transportation, and telecommunications. Juan also served as Chief of Staff and Senior Counsel to the Assistant Attorney General for the Antitrust Division. In this role, Juan helped oversee all aspects of the Antitrust Division’s operations, including merger reviews, civil and criminal investigations and litigation, and coordination with U.S. and foreign competition enforcement agencies.

While at the Antitrust Division, Juan worked on various high-profile merger litigations, including Aetna/Humana, US Airways/American Airlines, Halliburton/Baker Hughes, Electrolux/General Electric, Energy Solutions/Waste Control Specialists, and National CineMedia/Screenvision. He received the Antitrust Division’s Award of Distinction on multiple occasions for his significant contributions to the Division’s mergers and anticompetitive practices enforcement program.

Juan has represented a wide variety of clients in antitrust and white collar matters, including:

• JPMorgan Chase in litigation involving the alleged manipulation of various benchmarks for financial instruments, including LIBOR, EURIBOR, and TIBOR
• MasterCard in trial and appellate proceedings that resulted in the successful enforcement of a DOJ antitrust consent decree against Visa
• MasterCard in successfully resolving separate multi-billion dollar antitrust actions brought by American Express and Discover
• Global financial institution in parallel U.S. criminal and civil regulatory investigations concerning alleged market manipulation
• Senior executive of high-tech electronics manufacturer in Department of Justice price-fixing investigation
• Multinational commercial bank and its affiliate investment bank in connection with federal and state anti-tying investigations
• Private equity firm in successfully avoiding any civil or criminal charges in the New York Attorney General’s state pension fund “pay-to-play” investigation
• Special committee of the board of a global investment bank in an internal investigation related to the multi-billion dollar write-down of certain subprime mortgage investments
• Audit committee of the board of a global investment bank in an internal investigation related to the sale of auction rate securities

Selected litigation and arbitration representations include:

• KKR and various KKR officers in successfully resolving multiple securities fraud actions arising out of the acquisition of a portfolio company
• Morgan Stanley board members in obtaining the dismissal of multiple shareholder derivative actions alleging breach of fiduciary duty and securities fraud claims
• RBS, Deutsche Bank, and UBS in residential mortgage-backed securities litigation, including actions brought by the Federal Housing Finance Authority
• Telefónica Móviles and certain affiliates in bankruptcy proceedings and a related breach of contract action
• MatlinPatterson in successfully opposing the U.S. enforcement of a $55 million Brazilian arbitral award
• New Brunswick Power in obtaining a $300 million settlement against two Venezuelan state-owned entities during an ICDR arbitration and parallel federal court action
• Government of the Dominican Republic in successfully resolving two international investment treaty arbitrations and a companion ICC case stemming from the privatization of the country’s electricity sector

Juan supervised and participated in a wide variety of antitrust investigations and litigation as a senior leader of the Antitrust Division.  Representative matters include:

• U.S. v. Aetna and Humana (successful challenge, after three week trial, to Aetna’s proposed $37 billion acquisition of Humana)
• U.S. v. Halliburton and Baker Hughes (Halliburton abandoned proposed $34 billion acquisition of Baker Hughes after one month of litigation)
• U.S. v. Electrolux and General Electric (Electrolux abandoned proposed $3.3 billion acquisition of General Electric’s cooking appliances business after four weeks of trial)
• U.S. v. Energy Solutions and Waste Control Specialists (successful challenge, after three week trial, to Energy Solutions’ proposed $367 million acquisition of Waste Control Specialists)
• U.S. v. National CineMedia and Screenvision (NCM abandoned proposed $375 million acquisition of Screenvision on the eve of trial)
• U.S. v. United Airlines and Delta Airlines (United abandoned proposed acquisition of additional take-off/landing slots from Delta at Newark Liberty Airport after several months of litigation)
• U.S. v. US Airways and American Airlines (US Airways agreed to divest 138 landing slots and 10 gates at key U.S. airports to settle challenge to $11 billion acquisition of American Airlines)
• Lam Research/KLA-Tencor (Lam Research abandoned proposed $10.6 billion acquisition of KLA-Tencor)
• Louisiana-Pacific/Ainsworth Lumber (Louisiana-Pacific abandoned proposed acquisition of Ainsworth Lumber)
• U.S. v. ValueAct (activist investment manager agreed to pay record $11 million fine and refrain from certain conduct for failing to comply with premerger notification requirements)
• Anheuser-Busch Inbev/SABMiller (ABI agreed to divest MillerCoors and refrain from certain beer distribution practices in order to proceed with $107 billion acquisition of SABMiller)
• Alaska Airlines/Virgin America (Alaska agreed to scale back codeshare agreement with American Airlines in order to proceed with $4 billion acquisition of Virgin)
• U.S. v. Carolinas HealthCare System (pending litigation challenging CHS’ anti-steering contractual provisions)

Juan has been recognized as a leading lawyer by numerous professional publications and associations. Juan was named to the Ethisphere Institute’s 2017 “Attorneys Who Matter” list, a 2017 “Rising Star in Competition” by Law360, a 2016 “New York Rising Star” by the New York Law Journal, and a 2012 “Top Lawyer Under 40” by the Hispanic National Bar Association. Juan has also been recognized for his outstanding pro bono representation of immigrants, victims of domestic violence, and indigent criminal defendants by the New York Legal Aid Society, Her Justice and other organizations. He has previously served as a fellow in the White House Presidential Leadership Workshop, the American Bar Association’s Litigation Section Leadership Program, and the Leadership Council on Legal Diversity.

Juan is a member of the New York City Bar Association’s Judiciary Committee and serves on the Criminal Justice Act panel for the U.S. Court of Appeals for the Fourth Circuit. He also volunteers on the boards of various non-profit organizations, including Legal Outreach, Free the Slaves, and Northern Manhattan Improvement Corp.

Prior to joining the DOJ, Juan was counsel at Simpson Thacher & Bartlett LLP, where he regularly represented Fortune 500 companies, financial institutions, boards of directors, special committees, and executives in antitrust investigations and litigation, securities and shareholder derivative litigation, internal and government investigations, and international arbitrations.

Juan received his J.D. from Columbia Law School, where he served as a managing editor of the Law Review and was a Harlan Fiske Stone Scholar. He received his B.A., magna cum laude, from Boston College, where he was elected to Phi Beta Kappa and received the Archbishop Oscar Romero Scholarship. After law school, Juan served as a judicial law clerk for Judge Roger L. Gregory of the U.S. Court of Appeals for the Fourth Circuit.

Affiliations

Admitted to practice: New York, Connecticut

Professional Activities and Memberships

• Member, New York City Bar Association
• Member, American Bar Association
• Member, Hispanic National Bar Association
• Member, Puerto Rican Bar Association