Edward (“Ted”) Henneberry focuses his practice on antitrust and international competition law, particularly on cross-border merger transactions, multijurisdictional cartel investigations, and dominant firm conduct. He has extensive experience as a competition enforcement official in both Europe and the U.S., as well as a trial and appellate lawyer in the U.S. He is particularly involved in advising global enforcement agency groups on major competition policy initiatives and best practices.
Ted is one of the few US antitrust lawyers who has held a position as a senior competition enforcement official in the European Union. From 2003 to 2006, he served as a Member of the Irish Competition Authority as well as the director of its Mergers and Cartel Enforcement divisions. As a member, he participated directly on the Advisory Committee of the European Commission (EC) in reviewing major merger policy and competition enforcement matters, including the drafting of the EC’s Merger Guidelines. He also served on the Experts’ Committee, advising the EC in drafting its Green Paper on Private Damages Remedies and was an official delegate to the Competition Committee of the Organisation for Economic Cooperation and Development (OECD) in Paris.
Ted has played a significant role in the International Competition Network (ICN), where he acted as co-chair of the Mergers Working Group and was responsible for the drafting of the ICN’s Merger Remedies Study and the Merger Guidelines Workbook. More recently, he participated as a member of a select group of US lawyers in a mergers training workshop for senior officials of the Ministry of Commerce of the People’s Republic of China in Beijing. He continues to serve as a non-governmental advisor to the ICN for the US Department of Justice and the Federal Trade Commission.
Ted began his career as a trial attorney in the Honors Program of the Antitrust Division of the US Department of Justice and, since then, has been involved in some of the most significant antitrust matters during the last 40 years. He has worked extensively in trial and appellate matters in US federal and state courts, as well as in administrative proceedings and investigations in Europe. He represents major international companies and counsels senior management in strategic acquisitions and mergers, and government investigations.
Ted frequently writes and speaks on international merger and competition enforcement issues and has lectured as a visiting fellow on European and Irish Competition Law at University College Dublin. He has been named in Best Lawyers in America for antitrust law since 2009, and he was recommended by the Legal 500 in both the United Kingdom and United States editions for 2011.
Note: This list includes engagements completed prior to joining Morgan Lewis.
Financial Benchmark Rates Cartel Investigations (2012) — Presently acting for a major global financial institution in investigations by U.S. and European enforcement and regulatory agencies of alleged manipulation of benchmark rates for financial derivative products
In re IBM (2010) — Acted for Turbo Hercules SAS (France) in filing complaint for abuse of dominance against IBM which led to formal proceedings by European Commission
Marine Hose Cartel Investigation (2008–2011) — Represented CEO of Trelleborg AB (Sweden) in multinational investigation and private U.S. qui tam litigation
CRT Cartel Investigation (2008–2011) — Acted for CEO of major electronics producer in Asia in U.S. Department of Justice investigation
Detergents Cartel Investigation (2008–2010) — Acted for former European director for major detergents producer in cartel investigation by European Commission
Federal Trade Commission v. Foster, 2007-1 Trade Cas.(CCH), 75,725 (D.N.M. 2007) — Served as a member of the trial team that successfully defeated motion for preliminary injunction by FTC challenging acquisition by Western Refining, Inc. of Giant Industries Inc. as well as motion for stay pending appeal by the Federal Trade Commission in the U.S. Court of Appeals
Midwest Gas Services v. Indiana Gas Co. Inc., et al., 317 F.3d 703 (7th Cir. 2003) — Argued and obtained ruling by the U.S. Court of Appeals affirming dismissal of claims by trial court for monopolization, monopoly leveraging and conspiracy to restrain trade brought by competing marketers against a joint venture of Indiana utilities to engage in the unregulated sale of natural gas and pipeline transportation
Federal Trade Commission v. H.J. Heinz Co., et al., 116 F. Supp. 2d 190 (D.D.C. 2000), 246 F.3d 708 (D.C. Cir. 2001) — Served as lead trial counsel and defeated motion by the Federal Trade Commission for a preliminary injunction to block the acquisition of Beech-Nut Foods, Inc. by H.J. Heinz. Though ultimately reversed on appeal, the case raised issues of first impression involving the efficiencies defense in highly concentrated industries.
In re Baby Food Antitrust Litigation, 166 F.3d 112 (3d Cir. 1999) — Argued for H.J. Heinz in obtaining ruling from the U.S. Court of Appeals affirming summary judgment for defendants against a class action seeking $650 million for an alleged 17-year conspiracy to fix the wholesale price of baby food
Louisa Coca Cola Bottling Co. v. PepsiCo, Inc., et al., 94 F. Supp. 2d 804 (E.D.K.Y. 1999) — Obtained summary judgment as lead trial counsel for PepsiCo, Inc. dismissing antitrust claims brought by a competing Coca Cola bottler challenging PepsiCo’s marketing agreements and distribution practices
In re Investigation of Infant Formula, Italian Antitrust and Fair Trading Authority, Case No. I/328 (1999) — Prepared competitive and economic analysis on behalf of Heinz Italia Srl (ex Plada Srl) of pricing and distribution of infant formula in Italian market
City of West Allis, et al. v. Wepco, et al., 96-CV-0V5061 (Wis. 2000) — Acted as lead trial counsel in obtaining a verdict of no liability for Wisconsin Gas Company in a six-week jury trial in Milwaukee County Circuit Court against toxic tort and punitive damages claims for environmental clean-up of disposal sites
Exxaro Resources, Ltd — Represented Exxaro Resources, Ltd. .(S. Africa) in its$1.3 billion acquisition of a 38 percent stake in Tronox, Inc. (FTC 2011)
NOVA Chemical Corp. — Represented NOVA Chemical Corp.(Canada) in the sale of plastics and chemical businesses and assets to Abu Dhabi International Petroleum Investment Company (EU and China 2009)
Novartis — Represented Novartis in the $38 billion acquisition of Alcon pharmaceutical and retail eye care products business from Nestle S.A. (FTC and Brazil 2008)
Univision, Inc. — Represented Univision, Inc. in the acquisition of Hispanic Broadcasting Corp. (DOJ consent decree 2003)
H.J. Heinz — Represented H.J. Heinz in the spin-off of certain assets to Del Monte Corp. (FTC 2002)
PepsiCo. — Represented PepsiCo. In the acquisition of Quaker Oats Co. (Gatorade) (FTC 2002)
National Association of Broadcasters — Represented National Association of Broadcasters in the proposed acquisition of DirecTV by EchoStar (DOJ and FCC 2002)
Great Scott Broadcasting Co. — Represented Great Scott Broadcasting Co. in the sale of radio assets to Nassau Broadcasting Co. (DOJ and FCC 2002)
H.J. Heinz — Represented H.J. Heinz in the proposed acquisition of Vlasic Pickles in bankruptcy (FTC 2001)
New World Pasta — Represented New World Pasta in the acquisition of certain pasta assets of Borden, Inc. (DOJ 2001)
ProLiance LLC — Represented ProLiance LLC in the joint venture of Indiana Energy Services and Citizens Gas (DOJ 2001)
Univision Communications, Inc. — Represented Univision Communications, Inc. in the acquisition of television assets of USA Networks, Inc. (DOJ 2001)
LTV Steel Corporation — Represented LTV Steel Corporation in the sale of tin mill assets to U.S. Steel Corp. (DOJ 2000)
Boston College, 1967, Bachelor of Arts
Boston College Law School, 1970, Juris Doctor
District of Columbia
Registered Foreign Lawyer in England and Wales
US Court of Appeals for the District of Columbia Circuit
US Court of Appeals for the Eleventh Circuit
US Court of Appeals for the Fourth Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the Seventh Circuit
US Court of Appeals for the Third Circuit
US District Court for the District of Columbia
US District Court for the District of Maryland
US District Court for the Western District of Wisconsin
US Supreme Court
Awards and Affiliations
International Task Force, Section of Antitrust Law, American Bar Association
Task Force on Extraterritorial Antitrust Jurisdiction, International Bar Association
The Law Society’s (UK) Competition Section
Listed, Best Lawyers, Antitrust Law (2009–2015)
Listed, Super Lawyers, Washington, D.C. (2013–2014)
Listed,Global Competition Review's Who's Who Legal: Competition (2013–2015)
Listed, Legal 500, United States, Antitrust (2013)