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Olivier N. Antoine

Partner

Overview

Recognized by Chambers USA as a “Top Antitrust Lawyer” in New York for more than a decade, and perennially listed in Global Competition Review’s Who’s Who Legal of Competition Lawyers in New York and other similar publications, clients turn to Olivier for antitrust counseling when it matters most for their company. Olivier heads the firm’s New York antitrust practice and focuses primarily on antitrust counseling for “bet the company” transactional matters, as well as high-stakes antitrust litigation, and government investigations.

Olivier has extensive international antitrust experience representing clients in merger and antitrust investigations before the FTC, DOJ, the European Commission, China’s SAMR, and many other foreign antitrust agencies. Olivier also provides “one-stop-shop” counseling on international antitrust questions requiring a bespoke analysis globally. Olivier’s practice also includes civil and criminal antitrust enforcement matters and antitrust audit counseling.

Olivier’s work has covered a broad range of industries, including financial institutions, telecommunications, video distribution, satellite radio, recorded music and music publishing, fixed satellites, oil and gas, paper and forestry products, pharmaceuticals and medical devices, healthcare, food products and food service, bread, spirits, beer, vitamins, textiles, chemicals, fertilizers, sports goods, airlines, automotive and automotive parts, semiconductors, media buying and advertising.

A member of the New York Bar, Olivier is the chair of the International Antitrust and Competition Law Committee of the International Law and Practice (ILP) Section of the New York State Bar Association and also serves as a member of the Steering Group for the International Antitrust Law Committee of the ABA Section of International Law.

Career & Education

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    • University of Paris I Panthéon Sorbonne, Paris, France, J.D., (Maitrise) in International and European Law, cum laude – Valedictorian
    • University of Paris I Panthéon Sorbonne, Paris, France, LL.M., (D.E.A.) in Conflict of Laws and International Business Trade Law, cum laude
    • Fordham University School of Law, LL.M., cum laude
    • University of Paris I Panthéon Sorbonne, Paris, France, J.D., (Maitrise) in International and European Law, cum laude – Valedictorian
    • University of Paris I Panthéon Sorbonne, Paris, France, LL.M., (D.E.A.) in Conflict of Laws and International Business Trade Law, cum laude
    • Fordham University School of Law, LL.M., cum laude
    • New York
    • various Federal Courts
    • New York
    • various Federal Courts
  • Professional Activities and Memberships

    • Chair, International Antitrust and Competition Law Committee, International Law and Practice (ILP) Section, New York State Bar Association
    • Member, Steering Group, International Antitrust Law Committee, ABA Section of International Law

    Professional Activities and Memberships

    • Chair, International Antitrust and Competition Law Committee, International Law and Practice (ILP) Section, New York State Bar Association
    • Member, Steering Group, International Antitrust Law Committee, ABA Section of International Law
    • French
    • French

Olivier's Insights

Client Alert | 8 min read | 01.11.24

Fifth Circuit Largely Upholds FTC’s Order In Illumina/Grail Case, Giving FTC a Victory in Litigated Vertical Merger – But Providing Merging Parties an Easier Path to “Litigate-the-Fix”

The saga of DNA-sequencing firm Illumina’s quest to acquire cancer detection-test maker Grail ended last month when the Fifth Circuit largely upheld the Federal Trade Commission’s decision to block the deal. The appellate decision is significant on several levels.  First, it is the first time in decades that either federal antitrust enforcer has succeeded in blocking or forcing the abandonment of a vertical merger after litigating to a decision....

Representative Matters

Representative M&A and Joint Venture Experience

  • AT&T Inc. in many transactions including the $43 billion spin off Warner Media to Discovery, the $7.8 billion sale of an interest in DirecTV to TPG, the $1.175 billion sale of the Crunchyroll business to Sony, the $108.7 billion acquisition of Time Warner Inc., its $67 billion acquisition of DirecTV, its $1.19 billion acquisition of Leap Wireless, its $944 million acquisition of Centennial Communications, and its attempted $39 billion acquisition of T-Mobile USA Inc.
  • Siemens AG in many transactions including the $1.3 billion sale of its Healthcare IT business to Cerner, the sale of its microbiology business to Danaher, and its global collaboration with Varian Medical Systems, and Siemens Healthineers in its $1.1 billion acquisition of Corindus Vascular Robotics. 
  • A third-party foodservice divestiture acquirer in connection with U.S. Foods’s $1.8 billion acquisition of Service Group of America, Inc. and several other matters including Sysco’s proposed acquisition of U.S. Foods. 
  • United Technologies in connection with its $30 billion acquisition of Rockwell Collins, and its $15.5 billion acquisition of Goodrich. 
  • TransCanada in its $13 billion acquisition of Columbia Pipeline Group. 
  • Alcoa in its $2.85 billion acquisition of Firth Rixson. 
  • Goldman Sachs & Co. in its spinoff of the REDI business. 
  • Flowers Foods in its $355 million acquisition of the Hostess bread assets. 
  • DuPont in the $4.9 billion sale of DuPont Paint and Coating business to the Carlyle Group. 
  • Veolia in the $1.9 billion sale of its waste assets to Highstar Capital. 
  • Reed Elsevier PLC in its $4.1 billion acquisition of ChoicePoint. 
  • Sirius Satellite Radio in its $13 billion merger with XM Satellite Radio. 
  • Travelport in its $1.4 billion acquisition of Worldspan. 
  • Smithfield Foods in its $810 million acquisition of Premium Standard Foods, and its $367 million acquisition of Farmland Foods.
  • PanAmSat in its $3.2 billion sale to Intelsat. 
  • Adidas AG in its $3.8 billion acquisition of Reebok. 
  • VNU in the attempted $7 billion acquisition of IMS Health. 
  • Celanese before the European Commission in its $492 million acquisition of Acetex. (Phase II investigation) 
  • Grey Global in its $1.7 billion sale to WPP. 
  • CSL in its $925 million acquisition of the Aventis Behring plasma business. 
  • Vivendi Universal in its $8.1 billion sale of the Seagram Spirits and Wine business to Diageo and Pernod Ricard. 
  • Total before the European Commission in its €50 billion acquisition of Elf. (Phase II investigation).

Representative Litigation Experience

  • State of New York et al. v. Deutsche Telekom et al, No 1:19-cv-05434 (S.D.N.Y) – Represented AT&T Inc. as a non-party in connection with the New York Attorney General et al. challenge of T-Mobile USA’s proposed $56 billion acquisition of Sprint.
  • E.I. du Pont de Nemours and Co. v. Kolon Industries, Inc., No. 3.09cv58 (E.D.VA) – Represented E.I. du Pont de Nemours and Company in trade secret infringement litigation against Kolon Industries, Inc., and related monopolization counterclaim (ED Va). DuPont won a $919.9 million verdict, and the antitrust counterclaim was dismissed with prejudice.
  • In re Air Cargo Antitrust Litigation, MDL-1715 (E.D.N.Y.) – Represented a European airline in defending class action claims that air cargo rates were fixed.
  • In re Digital Music Antitrust Litigation, No. 06 MD 1780 (S.D.N.Y) – Represented Warner Music Group in connection with DOJ and NYAG investigations regarding the pricing of digital music and in class action claims filed against music companies alleging collusion in digital music pricing.
  • In re Methyl-Methacrylate Antitrust Litigation, MDL-1768 (E.D. Pa.) – Represented Lucite Inc. in class actions alleging a conspiracy to fix prices of methyl-methacrylate (MMA) and polymethyl-methacrylate (PMMA).
  • In re Publication Paper Antitrust Litigation (MDL No. 1631, D. Conn.) – Represented a major pulp and paper producer in a nationwide antitrust action alleging an unlawful conspiracy to fix the price of publication paper.

Olivier's Insights

Client Alert | 8 min read | 01.11.24

Fifth Circuit Largely Upholds FTC’s Order In Illumina/Grail Case, Giving FTC a Victory in Litigated Vertical Merger – But Providing Merging Parties an Easier Path to “Litigate-the-Fix”

The saga of DNA-sequencing firm Illumina’s quest to acquire cancer detection-test maker Grail ended last month when the Fifth Circuit largely upheld the Federal Trade Commission’s decision to block the deal. The appellate decision is significant on several levels.  First, it is the first time in decades that either federal antitrust enforcer has succeeded in blocking or forcing the abandonment of a vertical merger after litigating to a decision....

Recognition

  • Global Arbitration Review: GAR 100, 2023

  • Chambers USA: Antitrust – New York, 2022

Olivier's Insights

Client Alert | 8 min read | 01.11.24

Fifth Circuit Largely Upholds FTC’s Order In Illumina/Grail Case, Giving FTC a Victory in Litigated Vertical Merger – But Providing Merging Parties an Easier Path to “Litigate-the-Fix”

The saga of DNA-sequencing firm Illumina’s quest to acquire cancer detection-test maker Grail ended last month when the Fifth Circuit largely upheld the Federal Trade Commission’s decision to block the deal. The appellate decision is significant on several levels.  First, it is the first time in decades that either federal antitrust enforcer has succeeded in blocking or forcing the abandonment of a vertical merger after litigating to a decision....

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Olivier's Insights

Client Alert | 8 min read | 01.11.24

Fifth Circuit Largely Upholds FTC’s Order In Illumina/Grail Case, Giving FTC a Victory in Litigated Vertical Merger – But Providing Merging Parties an Easier Path to “Litigate-the-Fix”

The saga of DNA-sequencing firm Illumina’s quest to acquire cancer detection-test maker Grail ended last month when the Fifth Circuit largely upheld the Federal Trade Commission’s decision to block the deal. The appellate decision is significant on several levels.  First, it is the first time in decades that either federal antitrust enforcer has succeeded in blocking or forcing the abandonment of a vertical merger after litigating to a decision....