David R. Brenneman

Partner

David R. Brenneman represents clients on the antitrust aspects of mergers and acquisitions (M&A), joint ventures, and other business combinations and has experience in a wide range of industries, including technology, telecommunications, life sciences, and financial services. David has coordinated premerger notifications and regulatory review around the world for hundreds of multimillion- and multibillion-dollar transactions. He has defended several high-profile transactions before the US Department of Justice (DOJ) Antitrust Division, US Federal Trade Commission (FTC), and European Commission, and has represented several investment management firms in connection with DOJ investigations under Section 8 of the Clayton Act.

Extended Profile

David regularly counsels clients with respect to agency strategy and procedure; premerger conduct counseling; contract negotiations; merger control analysis, filings, and approvals; and substantive advocacy before various competition law authorities in the United States and abroad. David has guided clients through numerous DOJ and FTC investigations and second requests and has prepared Hart-Scott-Rodino (HSR) and other merger control filings for hundreds of transactions. David has also guided clients through investigations into possible Clayton Act Section 8 violations. He frequently writes on topics concerning merger review and the HSR Act and his writings have appeared in Law360, The M&A Lawyer, and various American Bar Association publications, among others.

David is a member of the Morgan Lewis Committee on Foreign Investment in the United States (CFIUS) Working Group.

selected representations

David regularly represents some of the world’s largest private equity groups and other prominent companies in relation to merger control work. In addition, he has had leadership roles in obtaining antitrust approvals in several high- profile and complicated transactions, including:

Intercontinental Exchange, Inc. in its $16 billion proposed acquisition of Black Knight, Inc. (FTC)
Perrigo Co. plc in its $2.1 billion acquisition of Hera SAS (HRA Pharma) (FTC)
Leading asset manager in connection with several multibillion-dollar transactions in the publishing, healthcare, and technology industries, among others (investigations by FTC and DOJ)
Leading asset manager in connection with a multibillion-dollar acquisition in the telecommunications industry (investigation by DOJ)
Leading publishing company in connection with multiple transactions in the publishing industry (investigation by DOJ)
Leading healthcare company in connection with several multibillion- and multimillion-dollar acquisitions and dispositions (investigations by FTC)
Leading technology company in connection with a global joint venture (investigation by European Commission)
Several leading asset managers in connection with separate DOJ investigations with respect to Section 8 of the Clayton Act (investigation by DOJ)
Aurobindo in connection with its proposed acquisition of Sandoz’s generic product portfolio (FTC)
Securus Technologies (Platinum Equity) in connection with its proposed acquisition of Inmate Calling Solutions (DOJ)
Intercontinental Exchange in connection with its acquisition of Standard & Poor’s Securities and Evaluations business from McGraw Hill Financial (investigation by DOJ)
Pfizer Inc. in connection with its proposed $160 billion acquisition of Allergan plc (investigation by FTC)
Perrigo Company plc in connection with Mylan N.V.’s unsolicited offer to acquire Perrigo Company plc (investigation by FTC)
Pfizer Inc. in connection with its $68 billion acquisition of Wyeth (investigation by FTC)