Philip A. Giordano

Philip A. Giordano is a partner based in Hughes Hubbard’s Washington office. Philip practices in all areas of antitrust law, including transactional matters before the Federal Trade Commission (FTC) and Department of Justice (DOJ), government civil and criminal investigations, complex civil litigation, criminal defense, and client counseling. In addition to eight years in private practice, he draws on more than 15 years of experience as a prosecutor in the Antitrust Division of the DOJ, where he served as a Trial Attorney in both the Washington Criminal I Section and the Technology and Financial Services Section, and as a Special Assistant to the Directors of Enforcement in the Antitrust Division's Office of Operations. Philip's experience in antitrust matters spans a diverse set of industries, including computer hardware and software, auto parts, telecommunications, generic drugs, financial services, entertainment, publishing, chemicals, air cargo transportation, and consumer goods.

Antitrust Transactions

• GTL in obtaining antitrust clearance in its acquisition of Telmate.
• United States v. Ticketmaster Entertainment and Live Nation. Representing the United States, obtained a consent decree allowing an $889 million merger in the market for primary ticketing on condition that the acquirer license its ticketing software to competitors, divest ticketing assets and abide by anti-retaliation restrictions on its conduct.
• United States, led a DOJ investigation of a proposed multibillion-dollar acquisition of a data management software developer by a leading security software developer.
• United States, led a DOJ investigation of a proposed multimillion-dollar merger of optical fingerprint scanning and identification systems manufacturers involving the issuance of a Second Request.
• United States, led a DOJ investigation of a proposed multibillion-dollar acquisition of a leading online payment service provider by a leading online auction and shopping website.
• United States, in the merger of Chicago Board of Trade and Chicago Mercantile Exchange, investigated and issued a Second Request regarding a proposed multibillion-dollar merger of the two largest US futures and options exchanges.
• United States v. First Data Corporation and Concord EFS. Representing the United States, obtained a consent decree allowing a $7 billion merger in the market for debit network services while requiring the divestiture of the NYCE debit network.
• United States v. Microsoft Corporation. Representing the United States, enforced a consent decree against Microsoft requiring the development of middleware-neutral software settings and defaults, and acted as liaison to plaintiff States and the European Union.
• United States, in merger of SABMiller and Molson Coors, investigated a proposed multibillion-dollar merger of two leading beer brewers involving issuance of a Second Request.

Criminal Antitrust Matters

• United States v. Florida West International Airways. Represented the United States in a dispositive evidentiary hearing in the Southern District of Florida regarding an alleged cartel violation in the air cargo transportation industry.
• Automotive Tier 1 supplier. Representing the United States, lead attorney in grand jury proceedings investigating criminal cartel conduct in the international auto parts supply chain; participated in dawn raid, directed enforced document subpoenas, and conducted witness interviews.
• United States v. Panasonic Corporation. Representing the United States, handled grand jury proceedings investigating international criminal cartel conduct; enforced document subpoenas, conducted witness interviews, and obtained a plea agreement including a $56.5 million criminal fine.
• United States v. Mitsubishi Heavy Industries. Representing the United States, handled grand jury proceedings investigating international criminal cartel conduct; enforced document subpoenas, conducted witness interviews, and obtained a plea agreement including a $14.5 million criminal fine.
• United States v. Hitachi Automotive Systems. Representing the United States, handled grand jury proceedings investigating international criminal cartel conduct and obtained a plea agreement including a $195 million criminal fine.

Civil Litigation

• Major U.S. drug manufacturer. Defended consumer class action alleging price fixing of generic drugs; defended client in related litigation in which DOJ Civil Division alleged price fixing and violations of the False Claims Act; responded to government document subpoenas.
• Automotive Tier I supplier. Defended contract dispute litigation with sub-supplier over quality of components purchased from sub-supplier; drafted antitrust counterclaims.
• For-profit higher education group. Defended suit brought by the Federal Trade Commission for alleged false advertising; second-chair attorney in meditation resulting in $100 million settlement; responded to government document subpoenas; worked with expert witness to develop consumer survey evidence and expert report.
• United States v. First Data Corporation and Concord EFS. Representing the United States, obtained a consent decree allowing a $7 billion merger in the market for debit network services while requiring the divestiture of the NYCE debit network; enforced document subpoenas; primary responsibility for drafting declarations of government witnesses, defending their depositions, and preparing them for trial; worked with economic expert to develop theory of case and expert report.
• United States v. Visa. Representing the United States, led investigation of a major financial services corporation's exclusionary conduct with respect to pinless debit cards resulting in a favorable civil settlement; enforced document subpoenas and negotiated modifications to the defendant’s operating regulations.
• United States v. Ticketmaster Entertainment and Live Nation. Representing the United States, obtained a consent decree allowing an $889 million merger in the market for primary ticketing on condition that the acquirer license its ticketing software to competitors, divest ticketing assets and abide by anti-retaliation restrictions on its conduct; drafted consent decree.
• United States v. Microsoft Corporation. Representing the United States, enforced a consent decree against Microsoft requiring the development of middleware-neutral software settings and defaults; collaborated with panel of government experts; liaison to plaintiff States and the European Union.