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Gwen L. Fanger

Gwen Fanger devotes her practice to commercial litigation, regulatory matters, and business counseling with an emphasis on antitrust issues. She has over eight years of federal antitrust enforcement experience as a Federal Trade Commission attorney, which enables her to advise clients across a spectrum of issues arising in connection with mergers and acquisitions, joint ventures, and agency investigations in a variety of industries. Gwen also represents clients in state and federal commercial litigation, from pre-trial through trial, as well as administrative proceedings and appeals.

Gwen is also a member of DWT’s Breach Response Team (

Representative Experience

Commercial Litigation

Price fixing claims

Provide defense of price fixing claims of international electronics manufacturer. (Ongoing)

Federal agency hearings for fishing boat owners

Represent fishing boat owners in federal agency hearings before administrative law judge. (Ongoing)

Breach of contract and nuisance tort claims

Negotiated significant monetary settlement for local wholesale food business involving breach of contract and nuisance tort claims. (2012)

Contract and fraud claims

Drafted winning summary judgment motion in state court case involving contract and fraud claims. (2011)

Federal Trade Commission investigation

Responded to third party document request in connection with Federal Trade Commission investigation of medical group contracting practices. (2010)

Contract dispute for fishing vessel owner

Successfully defended fishing vessel owner in federal admiralty trial involving contract dispute and obtained award of attorneys’ fees. (2009)

Business Counseling and Guidance

Regulatory advice under financial services laws

Advise payment card issuers regarding consumer protection financial services laws. (Ongoing)

Merger compliance

Provide antitrust counseling and prepare Hart-Scott-Rodino filings in connection with transactions across a variety of industries, including health care, food services, equipment manufacture, technology, and energy. (Ongoing)

Antitrust compliance advice

Analyze and prepare antitrust guidelines for various industries and entities, including group purchasing organizations, hospitals, and trade associations. (Ongoing)

Contract claims advice for credit card company

Manage and prepare 50-state survey regarding sovereign immunity for contract claims for credit card company. (2013)

Third-party payor claims for medical center

Analyze and challenge denied third-party payor claims on behalf of surgery center. (2010)

Entity formations and acquisitions

Prepare formation documents for various medical groups, including articles of incorporation or organization, bylaws, operating agreements, and employment agreements and advise clients regarding sale of medical practices, including analysis of contracts, due diligence and preparation of disclosure schedules. (2010)

Professional & Community Activities

  • Board of Directors, Women Health Care Executives, 2007-present
  • Antitrust Section, Bar Association of San Francisco