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Desktop Image: Stein, Gerald
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Gerald A. Stein

Partner

T 212.402.4095 New York
T 202.973.4200 Washington, D.C.
I enjoy helping clients find creative solutions to achieve their strategic business objectives.
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Gerald Stein, a longtime antitrust litigator and former attorney at the Federal Trade Commission's Bureau of Competition, brings decades of representative and enforcement experience to DWT's commercial litigation team and transactions practices. Specializing in antitrust law and federal and state investigations and enforcement proceedings, Gerald represents and counsels clients in a variety of industries, including healthcare, life sciences, pharmaceuticals, and medical devices; retail, merchandise, and e-commerce; industrial equipment and chemicals; automotive, commercial airlines, and air cargo; and fintech.

Gerald has thirty years of antitrust litigation and counseling experience. For almost a decade, Gerald investigated mergers and anticompetitive conduct for the FTC's Bureau of Competition, serving in senior positions on trial and pretrial teams for the government. In private practice, Gerald is his clients' go-to counsel for all aspects of antitrust litigation and counseling. Gerald also regularly represents clients in commercial litigation, including in class actions, multidistrict litigation, and federal appeals. Recognized by The Legal 500 in the areas of antitrust litigation, class action defense, and merger control, Gerald is well-versed in handling multibillion-dollar disputes and government investigations, having successfully represented major corporations in various sectors. He has analyzed and litigated complex issues involving price fixing, monopolization, boycotts, refusals to deal, exclusive dealing, and unfair and deceptive practices (among other issues), and provides strategic M&A, counseling, and compliance advice, as well as representation during government investigations and proceedings.

Gerald has served in various roles for the American Bar Association's and New York State Bar Association's antitrust sections, has been a member of the NYSBA Antitrust Law Executive Committee since 2010, and has chaired or moderated myriad panels and workshops focused on litigation expertise and competitive markets. Gerald is regarded as a thought leader in M&A and antitrust law, having contributed to the New York Law Journal, Bloomberg Law, and other publications.

Mergers & Acquisitions (While at the Federal Trade Commission)

M&A investigations*

Reviewed and investigated proposed and consummated mergers in a variety of industries, including healthcare, retail pharmacies, prescription eyeglass lenses, consumer product market research, information services, intellectual property, sporting goods, hospitals, physician practice groups, and laboratory testing services.

Antitrust investigations*

Reviewed and investigated purported anticompetitive conduct under the Sherman Act, the Clayton Act, and the FTC Act, including refusals to deal, exclusionary conduct, and product tying.

Market analysis and investigations*

Conducted investigational hearings and interviewed market participants, including merging parties, customers, and competitors, to develop factual bases for product and geographic market definitions, competitive effects, and barriers to entry; collaborated with expert economists to analyze and develop market data; and negotiated with opposing counsel to reach consent agreements.

FTC enforcement action*

Prosecuted enforcement actions under Part 3 of the FTC Act, including preparing administrative complaints, declarations, discovery, and motion practice.

Hospital merger trial*

Senior member of the pre-trial and trial team in the Federal Trade Commission's motion for a preliminary injunction in Federal District Court in the Middle District of Pennsylvania and complaint for administrative relief before the FTC to block a proposed merger between two major hospital systems in Central Pennsylvania. Deposed several key adverse witnesses and cross-examined a key witness at trial.
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Counseling (In Private Practice)

Global medical device company*

Lead antitrust counsel for buyer (global medical device company) in HSR-reportable acquisition of another global medical device company.

Global medical device company*

Lead antitrust counsel for buyer (global medical device company) in non-HSR-reportable acquisition of national medical device company.

National e-commerce platform*

Lead antitrust counsel for seller (national e-commerce platform) in billion dollar transaction.

National retail chain*

Lead antitrust counsel for buyer (national retail chain) in half-billion-dollar transaction involving the acquisition of a regional retail chain.

Waste management company*

Lead antitrust counsel for seller (waste services) in half-billion-dollar transaction involving pre-HSR filing meetings, negotiations, interviews, white papers, second request, and consent order divestiture package before the Antitrust Division, U.S. Department of Justice.
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Litigation (In Private Practice)

Pharmaceutical company*

Represented a pharmaceutical company in a multidistrict litigation alleging industrywide market allocation and price fixing of generic pharmaceuticals.

Product manufacturer*

Represented a product manufacturer in a multidistrict litigation alleging market allocation and price fixing of aftermarket automotive filters.

Insurance company*

Represented an insurer in a federal antitrust litigation alleging violations of Sherman Act sections 1 and 2 and tortious interference with prospective business relationships and civil conspiracy arising out of exclusive dealing contracts that excluded the plaintiff.

Car rental company*

Represented a major rental car company with respect to an alleged federal and state price-fixing conspiracy to pass on tourism fees to consumers without properly disclosing pricing information.

Industrial chemical manufacturer*

Represented an industrial chemical manufacturer in a federal antitrust price-fixing action arising out of a Department of Justice investigation of a criminal conspiracy to artificially maintain the price of polyester polyols.
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Admitted to Practice

  • New York, 1994
  • District of Columbia, 2019
  • U.S. Court of Appeals, 2nd Circuit, 1996
  • U.S. District Court, Southern District of New York, 1995
  • U.S. District Court, Eastern District of New York, 1995

Education

  • J.D., Pace University School of Law, 1993, cum laude
    • Pace Law Review
  • B.A., Tufts University, 1988

Memberships & Affiliations

    • Vice Chair, 2016-Present; Member, 2014-2016 – Content Delivery Task Force, American Bar Association, Section of Antitrust Law
    • Member, Executive Committee, New York State Bar Association, Section of Antitrust Law, 2010-Present
    • Chair, Unilateral Conduct Committee, New York State Bar Association, Section of Antitrust Law, 2016-2018
    • Member, Long Range Planning Committee, American Bar Association, Section of Antitrust Law, 2016
    • Chair, Mergers Committee, New York State Bar Association, Section of Antitrust Law, 2013-2016
    • Chair, 2011-2014; Vice Chair, 2008-2011 – Programs Committee, American Bar Association, Section of Antitrust Law

Professional Recognition

    • Top 20 Global Elite Competition Practice, #7 Global Elite Competition Litigation Practice, Global Competition Review, 2021
    • Top 10 Global Elite Competition Practice, #4 Global Elite Merger Practice, Global Competition Review, 2020
    • Recommended Lawyer, Antitrust: Civil Litigation / Class Actions: Defense, The Legal 500, 2019
    • Recommended Lawyer, Antitrust: Merger Control, The Legal 500, 2019
    • Janet D. Steiger Award, Federal Trade Commission, 2017

Background

    • Partner, 2020-2023; Senior Counsel, 2018-2019 – Norton Rose Fulbright, New York
    • Adjunct Lecturer, NYU School of Professional Studies, New York, 2014-2018
    • Attorney, Bureau of Competition (Northeast Region), Federal Trade Commission, New York, 2009-2018
    • Counsel, O'Melveny & Myers LLP, New York, 2004-2009
    • Senior Associate, Weil, Gotshal and Manges, New York, 1997-2004
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Publications
04.08.25
Publications
Co-author, "New DOJ-Antitrust Task Force Accepting Comments on Anticompetitive Laws and Regulations," Washington Legal Foundation Read More External Link
03.04.25
Presentations
Panelist, "Strategies for Handling Virtual Depositions," Fundamentals of Taking and Defending Depositions 2025
gavel
02.05.25
Insights
Antitrust
FTC v. PepsiCo: Another Attempt to Resurrect the Robinson-Patman Act Ahead of Administration Changes Read More
02.03.25
Presentations
Guest lecturer, "Antitrust and Health Law," Health Law Society, Pace University School of Law
Webinar
01.08.25
Webinars
Communications
"Preparing for Agency Enforcement Under Trump 2: What You Need to Know," Davis Wright Tremaine Webinar Read More
Publications
01.03.25
News
Quoted in "Three Big Law Practice Areas Will Thrive in Trump's First Year," Bloomberg Law Read More External Link
bottles of alcohol
12.23.24
Insights
Antitrust
FTC v. Southern Glazer's Wine & Spirits: A Sobering Reminder That the Robinson-Patman Act Remains on the Books Read More
Publications
12.11.24
News
Quoted in "Big Tech, 'Censorship' Animate Trump FTC Picks," Law360 Read More External Link
businesswoman making notes
12.11.24
Insights
The FTC's Crackdown on No-Hire Agreements: What Employers Need To Know Read More
Publications
Fall 2024
Publications
Co-author, "California's Non-Compete Long Arm: What Healthcare Organizations Need to Know After the FTC's Nationwide Noncompete Ban Gambit Has Stalled," California Health Law News Vol. XXVI, Issue 3 Read More External Link
11.20.24
Presentations
Presenter, "How Employers Can Recognize and Avoid Antitrust Risk and FTC Enforcement Actions," Association of Corporate Counsel Webinar
11.19.24
Presentations
Panelist, "Navigating FTC Enforcement: Compliance and Best Practices," General Counsel Conference East, Marriott Marquis, New York
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