Wm. Randolph Smith is a partner in (and former chair of) the firm's Antitrust Group. His recent matters include acting as lead antitrust counsel in some of the largest and most significant transactions in the aerospace, telecommunications, and other industries, as well as in government investigations of procurement collusion and other cutting-edge antitrust issues. Examples of significant transactions include:
- AT&T's $85 billion acquisition of Time Warner, Inc., and its $67 billion acquisition of DIRECTV.
- Flowers Foods' acquisition of Wonder Bread brand and other assets from the bankrupt estate of Hostess, Inc.
- United Technologies' $30 billion acquisition of Rockwell Collins and its $16 billion acquisition of Goodrich Aerospace.
- DuPont, in its $5.8 billion acquisition of Danisco, and the $4.9 billion sale of its automotive and industrial coatings business.
- Alcoa's $2.85 billion acquisition of Firth Rixson and the $1.5 billion acquisition of RTI International Metals.
- Enterprise Holdings in its acquisitions of vRide and DEEM.
He also handles government investigations and antitrust litigation, including:
- DOJ investigations of procurement collusion, teaming agreement, group boycott, information-sharing, and Clayton 8 issues.
- FTC investigations of tying, exclusive dealing, "patent ambush" and competitor collaboration issues.
- Third party representations in FTC investigations of aerospace and on-line advertising transactions and DOJ investigations of biotech and online travel transactions.
Mr. Smith's practice involves the full range of antitrust advice associated with mergers, acquisitions, joint ventures, trade associations, cartel enforcement, 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, and other consumer law issues, in conjunction with the firm's Advertising & Media and PRM groups.
His principal client relationships include Alcoa/Arconic, AT&T, DuPont/Chemours, Enterprise Holdings, Siemens, and United Technologies Corporation (Pratt & Whitney, Otis, Carrier, and Collins Aerospace).
Mr. Smith has been recognized by The Best Lawyers in America in the area of antitrust law every year from 2007-2020; he has also 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. Mr. Smith is an Acritas Star, Acritas Stars Independently Rated Lawyers (2016, 2017, 2019).
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.
Mr. Smith obtained his law degree from Stanford University Law School, where he was a member of the Stanford Law Review. He graduated Phi Beta Kappa from Tulane University. 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.
Affiliations
Admitted to practice: District of Columbia and California (inactive)
Highlights, News & Knowledge
Speeches & Presentations
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"Recent Developments in Merger Control," Queen Mary/Crowell & Moring Global Competition Conference, Brussels
(May 2014).
Moderator: Wm. Randolph Smith.
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"Antitrust/Intellectual Property Intersection: Practice Pointers," Widener University/DuPont IP Seminar
(September 2010).
Speaker: Wm. Randolph Smith.
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"What Happens When the FTC Calls: An Antitrust Primer for Retailers Focused on Pending Mall Consolidation," National Retail Tenants Association Webinar
(March 23, 2010).
Moderator: Gregory D. Call; Panelists: Robert A. Lipstein and Wm. Randolph Smith.
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"Collaborate, Consolidate or Die?: Corporate Development and Antitrust Enforcement in a Global Economic Crisis," Crowell & Moring Webinar
(September 22, 2009).
Co-Presenters: Wm. Randolph Smith and Robert A. Lipstein.
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U.S. Merger Enforcement In An Economic Crisis: Global Competition Conference
(May 15, 2009).
Speaker: Wm. Randolph Smith
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"Antitrust Update," ABA Corporate Counseling Committee Webinar
(October 11, 2007).
Presenters: Wm. Randolph Smith, Kent A. Gardiner, Jeane A. Thomas, Robert Lipstein, Christopher E. Ondeck, Bridget E. Calhoun, Daniel A. Sasse, Werner Berg and Thomas De Meese.
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"A Little Bit of Knowledge is a Dangerous Thing: Antitrust Risks for the Unwary," AdvaMed (Medical Device) Conference
(September 2007).
Presenter: Wm. Randolph Smith.
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"Trends and Developments in Global Competition Law - International Merger Control," The Interdisciplinary Centre for Competition Law and Policy (ICC) and Crowell & Moring LLP Annual Conference 2007, Queen Mary University of London
(May 2007).
Presenter: Wm. Randolph Smith.
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"Antitrust In the Life Cycle of a Deal," Garrett Corporate and Securities Law Institute, Northwestern University School of Law
(May 2006).
Panelist: Wm. Randolph Smith.
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"Economics in Merger Control," International Bar Association Annual Meeting, presented with FTC Economics Director and EC Merger Task Force Head
(September 2003).
Presenter: Wm. Randolph Smith.
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"Antitrust Trends in the Biotech Industry," BIO 2003 Annual Convention, with FTC Commissioner
(June 2003).
Panel Moderator: Wm. Randolph Smith.
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"Antitrust Past, Present and Future," Panel of DOJ and FTC Officials
(August 2001).
Moderator: Wm. Randolph Smith.
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"Antitrust and E-Business," 14th Annual Georgetown University Advanced Computer and Internet Law Institute
(March 2001).
Speaker: Wm. Randolph Smith.
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"Trial of A Rule of Reason Case," ABA Antitrust Section Spring Meeting
(April 1998).
Speaker: Wm. Randolph Smith.
Publications
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"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.
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"2015 Antitrust M&A Year in Review," Crowell & Moring LLP
(January 2016).
Co-Authors: Wm. Randolph Smith, Olivier N. Antoine, Sean-Paul Brankin, Dr. Salomé Cisnal de Ugarte, Thomas De Meese, Shawn R. Johnson, Lisa Kimmel, Arthur N. Lerner, Mary Anne Mason, Joseph M. Miller, Jeane A. Thomas, Ryan C. Tisch, and Michael G. Van Arsdall.
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"The State Of Play In 2015: Year Of The Regulator," Law360
(February 6, 2015).
Co-Authors: Wm. Randolph Smith, Thomas (Tim) C. Means, and Elliott P. Laws.
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"Regulatory Forecast 2015: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2015).
Contributor.
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"Conduct Remedies: A Major Change In DOJ Merger Cases," Law360
(October 4, 2012).
Co-Authors: Wm. Randolph Smith, Robert A. Lipstein, Michael G. Van Arsdall, and Timothy (Ty) Carson.
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Antitrust Special Report: "In Hard Times, Companies Look to Joint Ventures," The National Law Journal
(November 2, 2009).
Co-Authors: Robert A. Lipstein, Wm. Randolph Smith and Shawn R. Johnson.
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"Merger Enforcement: Are The Antitrust Agencies on a Collision Course with Wall Street?" Bloomberg Law Reports: Antitrust & Trade, Vol. 2, No. 6
(June 2009).
Co-Authors: Wm. Randolph Smith and Shawn R. Johnson.
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"Merger Enforcement In An Obama Administration," Competition Law360
(December 31, 2008).
Author: Wm. Randolph Smith.
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"Industry Insight: Parlor Tricks," The Deal
(November 6, 2006).
Co-Authors: Wm. Randolph Smith, Jeffrey H. Howard and Christopher E. Ondeck.
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"Trade Associations and Other Information Exchange Programmes in the US: What Enforcers Prohibit, What They Require," Global Competition Review of the Americas
(October 2006).
Co-Authors: Wm. Randolph Smith, Christopher E. Ondeck and Michael G. Van Arsdall.
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"Application of US Antitrust Law in the Telecommunications Industry in an Era of Rapid Change," Antitrust Review of the Americas 2006
(September 2005).
Co-Authors: Wm. Randolph Smith, Jeffrey Blumenfeld and Robert M. Halperin.
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Federal Trade Commission B2B Workshop,
(June 29-30, 2000).
Co-Authors: Wm. Randolph Smith, Jeane A. Thomas and Monya A. Phillip.
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"Responding to Kodak: How to Defend Your Company's Aftermarket," Corporate Counsel
(January & February 1996).
Co-Authors: Kent A. Gardiner and Wm. Randolph Smith.
Client Alerts & Newsletters
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"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, Akhil Sheth
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"In Unprecedented Move, DOJ Turns to Binding Arbitration in Merger Challenge,"
Antitrust Law Alert
(September 12, 2019).
Contacts: Juan A. Arteaga, Wm. Randolph Smith, Randa Adra
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"District Court Decision in FTC v. Qualcomm Spawns Controversy: Four Issues to Watch on Appeal,"
Antitrust Law Alert
(June 3, 2019).
Contacts: Lisa Kimmel, Ph.D., John S. Gibson, Mark A. Klapow, Wm. Randolph Smith, Jeane A. Thomas, CIPP/E, Akhil Sheth, Kate M. Watkins
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"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
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"Consummated-Merger Challenge by Private Party Results in First Ever Divestiture,"
Antitrust Law Alert
(October 15, 2018).
Contacts: Alexis J. Gilman, Olivier N. Antoine, Juan A. Arteaga, Shawn R. Johnson, Wm. Randolph Smith, Jeane A. Thomas, CIPP/E, Ryan C. Tisch, Shaina Vinayek
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"Reform of DOJ’s Merger-Review Process: AAG Delrahim Announces Changes Aiming to Complete Most Merger Investigations Within Six Months,"
Antitrust Law Alert
(September 27, 2018).
Contacts: Olivier N. Antoine, Juan A. Arteaga, Alexis J. Gilman, Shawn R. Johnson, Wm. Randolph Smith, Jeane A. Thomas, CIPP/E, Ryan C. Tisch
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"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, Lauren Aronson, Angel Prado
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"2015 Antitrust M&A Year in Review,"
Antitrust Law Alert
(January 26, 2016).
Contacts: Wm. Randolph Smith, Jeane A. Thomas, CIPP/E
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"FTC Requires More Documents With Revised HSR Notification Form,"
Antitrust Law Alert
(July 7, 2011).
Contacts: Wm. Randolph Smith, Robert A. Lipstein, Shawn R. Johnson
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"FTC and DOJ Issue Final Version of Revised Merger Guidelines,"
Antitrust Law Alert
(August 20, 2010).
Contacts: Wm. Randolph Smith, Robert A. Lipstein, Shawn R. Johnson, Robert B. McNary
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"FTC, DOJ Issue Revised Merger Guidelines,"
Antitrust Law Alert
(April 20, 2010).
Contacts: Robert A. Lipstein, Wm. Randolph Smith, Shawn R. Johnson
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"FTC, Whole Foods Reach Agreement on Wild Oats Acquisition,"
Antitrust Law Alert
(March 9, 2009).
Contacts: Wm. Randolph Smith, Ryan C. Tisch
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"High Noon: DOJ and FTC Shootout Over Report on Single Firm Conduct,"
Antitrust Law Alert
(September 8, 2008).
Contacts: Wm. Randolph Smith, Ryan C. Tisch
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"FTC Wins Reversal in Whole Foods,"
Antitrust Law Alert
(July 31, 2008).
Contacts: Wm. Randolph Smith, Shawn R. Johnson
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"Nine West Steps into Leegin's Shoes: FTC Modifies 2000 Consent Order,"
Antitrust Law Alert
(May 8, 2008).
Contacts: Wm. Randolph Smith, Ryan C. Tisch
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"Antitrust/IP Interface: D.C. Circuit Reverses FTC in Rambus Case Involving Alleged Deception of Standards Development Organization,"
Antitrust Law Alert
(April 24, 2008).
Contact: Wm. Randolph Smith
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"Key HSR Filing Threshold Will Increase To $63.1 Million As Of Feb. 28,"
Antitrust Law Alert
(January 30, 2008).
Contacts: Wm. Randolph Smith, Jeane A. Thomas, CIPP/E, Shawn R. Johnson
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"EU Ruling Deals Blow to Microsoft,"
Antitrust Law Alert
(September 17, 2007).
Contact: Wm. Randolph Smith
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"Practical Considerations Arising From Supreme Court's Leegin Decision Overturning Per Se Treatment of Minimum Resale Price Maintenance Agreements,"
Antitrust Law Alert
(June 28, 2007).
Contacts: Wm. Randolph Smith, Ryan C. Tisch
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"Senators Grill Antitrust Officials over Lax Merger Enforcement,"
Antitrust Law Alert
(March 9, 2007).
Contact: Wm. Randolph Smith
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"FTC Issues New HSR Thresholds,"
Antitrust Law Alert
(January 16, 2007).
Contacts: Wm. Randolph Smith, Jeane A. Thomas, CIPP/E, Shawn R. Johnson
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"DOJ Issues Merger Process Reforms,"
Antitrust Law Alert
(December 18, 2006).
Contacts: Wm. Randolph Smith, Jeane A. Thomas, CIPP/E, Shawn R. Johnson
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"Re: KSR International Co. v. Teleflex, Inc.,"
Antitrust Law Alert
(November 30, 2006).
Contact: Wm. Randolph Smith
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"Re: Oral Argument in Weyerhaeuser Co. v. SS-Simmons Hardwood Lumber Co. ,"
Antitrust Law Alert
(November 29, 2006).
Contact: Wm. Randolph Smith
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"The Oral Argument in Bell Atlantic Corp. v. Twombly,"
Antitrust Law Alert
(November 28, 2006).
Contact: Wm. Randolph Smith
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"FTC, DOJ Hold Hearings On Refusals to Deal With Rivals Under Sherman Act,"
Antitrust Law Alert
(July 20, 2006).
Contacts: Wm. Randolph Smith, Ryan C. Tisch
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"European Commission Revises Guidelines for Setting Fines in Antitrust Cases,"
Antitrust Law Alert
(June 28, 2006).
Contacts: Thomas De Meese, Wm. Randolph Smith
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"FTC and DOJ Allow Electronic HSR Filings,"
Antitrust Law Alert
(June 21, 2006).
Contacts: Wm. Randolph Smith, Shawn R. Johnson
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"FTC/DOJ Report Pushes Competition for Health Care Industry Ills,"
Health Care Alert
(July 26, 2004).
Contacts: Wm. Randolph Smith, Barbara H. Ryland
Media Mentions
Firm News & Announcements