Juan A. Arteaga

Juan A. Arteaga is a Chambers-ranked antitrust partner who serves as Co-Chair of the Firm’s New York Antitrust Practice. He is a former Deputy Assistant Attorney General for the U.S. Department of Justice (DOJ) Antitrust Division, where he led and oversaw various high-profile civil and criminal investigations and litigation. Juan represents companies across various industries in merger matters and civil conduct investigations before the DOJ, Federal Trade Commission (FTC), and state attorneys general. He also represents companies and individuals in criminal antitrust investigations before the DOJ and state attorneys general.

In addition to having extensive experience representing clients before antitrust enforcers, Juan is an experienced litigator and trial lawyer who regularly represents clients in government antitrust enforcement actions and private antitrust litigation, including class actions and multidistrict litigation. He also represents clients in a wide range of commercial litigation, including securities litigation, shareholder derivative actions, and international arbitrations.

Chambers USA: America’s Leading Lawyers for Business praised Juan for “his work across both civil and criminal antitrust agency investigations” and described him as “both smart and practical when balancing business requirements with risk” and “very focused on understanding how the narrative of a case plays into its persuasive power with either a judge or regulator.” Juan has also been recognized as a leading antitrust practitioner by various other professional publications and associations. He has been named an “Antitrust Rising Star” by Law360, a “Distinguished Leader” and “Rising Star” by the New York Law Journal, a “Rising Star” by the Minority Corporate Counsel Association, an “Attorney Who Matters” by the Ethisphere Institute, and a “Top Lawyer Under 40” by the Hispanic National Bar Association.

Juan is the Co-Chair of the firm’s Diversity Council and has been widely recognized as a leader in promoting diversity, equity and inclusion within the legal profession. He was named a “Diversity and Inclusion Champion” by the New York City Bar Association, a member of the 2020 “Responsible 100” list by City & State New York, and a “CUP Catalyst” by the Council of Urban Professionals. He has also received numerous awards for his pro bono work and civic involvement from organizations such as the New York Legal Aid Society, Legal Outreach, Her Justice, Puerto Rican Bar Association, and LatinoJustice.

Juan's representative antitrust and white collar experience includes:

• Multiple third parties in DOJ and state attorney general antitrust investigations and enforcement actions related to the technology sector
• A Fortune 50 company in a DOJ grand jury investigation into whether the company entered into unlawful “no-poach” agreements
• Novant Health in securing FTC and state attorney general approval of the company’s $5.2 billion acquisition of New Hanover Medical Regional Center
• CSX Transportation in multidistrict litigation involving more than 100 actions alleging a price-fixing conspiracy among certain providers of rail freight transportation services
• Automann Inc. in a Robinson-Patman Act litigation in the District of New Jersey alleging that a key supplier engaged in unlawful price discrimination
• AT&T in DOJ investigation and trial that resulted in district court rejecting DOJ’s challenge to AT&T’s $85 billion acquisition of Time Warner (the first litigated vertical merger challenge in the United States in nearly 50 years)
• United Technologies in securing DOJ and foreign competition agencies' approval of the company's $30 billion acquisition of Rockwell Collins
• Lydall Inc. in various global joint ventures related to the manufacture, marketing and distribution of medical supplies
• Elite higher education institution in securing closure of DOJ investigation related to the early decision admission practices and policies of various colleges and universities without any enforcement action
• Turner Construction in securing dismissal of Southern District of New York action alleging antitrust and RICO claims arising out of an alleged bid rigging and price fixing scheme
• Major U.S. retailer in securing closure of market monopolization inquiry conducted by California state agencies without any enforcement action
• JPMorgan Chase in multiple multidistrict litigations alleging antitrust and various other causes of action arising out of the purported manipulation of various benchmarks for financial instruments, including LIBOR, EURIBOR, and TIBOR
• MasterCard in Southern District of New York trial and Second Circuit 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 in the Southern District of New York
• Global financial institution in parallel U.S. criminal and civil regulatory investigations conducted by the DOJ and CFTC concerning alleged market manipulation
• Senior executive of mobile device manufacturer in DOJ price-fixing investigation
• Multinational commercial bank and its affiliate investment bank in persuading securities enforcers to close anti-tying investigation without any enforcement action
• Major 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
• Various third parties in connection with DOJ and FTC civil merger and non-merger investigations

Juan's representative commercial litigation and arbitration experience includes:

• Macquarie Capital and various affiliates in obtaining the dismissal of New York state court action alleging various fraud, alter ego, and tortious interference claims
• AT&T in successfully resolving a Southern District of New York action brought by Sprint which alleged false advertising and unfair business practices claims related to AT&T’s “5GE” advertisements
• KKR and various KKR officers in successfully resolving multiple federal and state court securities fraud actions arising out of the acquisition and subsequent bankruptcy of Bruno’s Inc.
• Morgan Stanley board members in obtaining the dismissal of multiple shareholder derivative actions brought in the Southern District of New York which alleged breach of fiduciary duty and securities fraud claims
• RBS, Deutsche Bank, and UBS in residential mortgage-backed securities litigation brought in multiple federal courts, including actions brought by the Federal Housing Finance Authority
• Telefónica Móviles and certain affiliates in bankruptcy proceedings and a related breach of contract action in New York state court and Delaware bankruptcy court
• MatlinPatterson in successfully opposing the U.S. enforcement of a $55 million Brazilian arbitral award during trial court and appellate proceedings before the Southern District of New York and Second Circuit
• New Brunswick Power in obtaining a $300 million settlement against two Venezuelan state-owned entities during an ICDR arbitration and parallel Southern District of New York 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

Between 2013 and 2017, Juan was a senior official in the Antitrust Division of the U.S. Department of Justice. During this period, Juan served as the Deputy Assistant Attorney General for Civil Enforcement, where he led and oversaw numerous high-profile and complex investigations and litigation related to 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 and enforcement programs, including merger reviews and enforcement actions, non-merger civil investigations and litigation, and criminal cartel investigations and prosecutions. He also helped advise White House officials on competition policy issues and oversee the Antitrust Division’s coordination with various federal regulatory agencies, state attorneys General, and foreign competition enforcement agencies.

While at the Antitrust Division, Juan worked on numerous merger and non-merger litigations, including:

• 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)
• 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)
• U.S. v. 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)
• U.S. v. 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 (successful challenge to CHS’ anti-steering contractual provisions)

Juan devotes significant time to pro bono and community work. He has represented immigrants in deportation proceedings, battered women and their children in family court and immigration proceedings, and indigent criminal defendants in post-conviction habeas proceedings and appeals. Juan serves on the boards of various non-profit organizations, including Legal Outreach, Northern Manhattan Improvement Corp., and Free the Slaves. He also serves on the New York City Bar Association’s Judiciary Committee and the Fourth Circuit’s Criminal Justice Act Panel. He has previously served as a fellow in the White House Presidential Leadership Program, the American Bar Association’s Litigation Section Leadership Program, and the Leadership Council on Legal Diversity.

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.

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