Philip A. Giordano

Philip A. Giordano is a partner based in Hughes Hubbard’s Washington office and Chair of the Firm’s Antitrust & Competition group. 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 being in private practice since 2014, 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, media and entertainment, publishing, chemicals, air cargo transportation, and consumer goods.

Antitrust Transactions

• Representation of Sotheby’s in connection with a $1 billion minority investment round with Abu Dhabi-based investment and holding company ADQ and other investors.
• Geller & Company. Represented Geller & Company on the sale of its multi-family office business to Corient, one of the fastest-growing national wealth advisors in the U.S.
• OYO acquisition of G6 Hospitality. Represented OYO, an Indian hotel giant, on its $525 million acquisition of G6 Hospitality, the parent company of U.S. hospitality brand Motel 6.
• Rheinmetall AG. Represented Rheinmetall AG, a German technology group for mobility and security, in its $950 million acquisition of Loc Performance Products, a provider of equipment for military, agricultural and construction applications.
• ANI Pharmaceuticals acquisition of Alimera Sciences. Advised diversified biopharmaceutical company ANI Pharmaceuticals in its acquisition of global pharmaceutical company Alimera Sciences.
• Standard Motor Products acquisition of Nissens Automotive. Represented Standard Motor Products, a leading automotive parts manufacturer and distributor, in its $388 million acquisition of Nissens Automotive, a leading European manufacturer and distributor of aftermarket engine-cooling and air-conditioning products with a growing array of vehicle-control technologies.
• Knorr-Bremse AG. Represented Knorr-Bremse AG, a global market leader for braking systems and a leading provider of other rail and commercial vehicle systems, in its €630 million acquisition of Alstom’s North American conventional rail signaling business.
• JOST acquisition of Crenlo do Brasil. Represented JOST Werke SE in the acquisition of Crenlo do Brasil from Angeles Equity Partners.
• Advance Publications. Represented Newhouse family-owned media company Advance Publications Inc. and its portfolio company 1010data, a provider of enterprise analytics, in the sale of 1010data to SymphonyAI.
• CF Finance Acquisition Corp. VI merger with Rumble Inc. Representing CF Finance Acquisition Corp. VI, a SPAC backed by Cantor Fitzgerald, in its proposed $2.1 billion IPO merger with Rumble Inc. that took the Canadian neutral video platform public.
• CF Acquisition Corp. V merger with Satellogic. Represented CF Acquisition Corp. V, a SPAC backed by New York investment firm Cantor Fitzgerald, in a $850 million IPO merger with Satellogic that took the satellite earth imagery provider public. 
• Tao Group Hospitality. Representing Tao Group Hospitality in a deal to acquire majority control of Hakkasan Group, creating a premium hospitality powerhouse that includes a global portfolio of brands and properties with significant potential for future growth.
• Grab Holdings Inc. merger with Altimeter Growth Corp. Represented Grab Holdings Inc., Southeast Asia’s leading super app, in its merger with SPAC Altimeter Growth Corp., a transaction that took Grab public in the largest SPAC merger ever ascribing to Grab a pro-forma equity value of approximately $39.6 billion.
• NextAlt acquisition of Sotheby’s. Obtained antitrust clearance and regulatory approvals for global auction house Sotheby’s acquisition for $3.7 billion by NextAlt. 
• Sotheby’s. Representation of Sotheby’s in connection with a definitive agreement with Abu Dhabi-based investment and holding company ADQ under which ADQ acquired a minority interest in Sotheby’s.
• Global Telink in obtaining antitrust clearance in its acquisition of Telmate.
• ANI Pharmaceuticals. Represented ANI Pharmaceuticals in its acquisition of generic drugmaker Novitium Pharma.
• Platinum Equity investment in Nesco Holdings. Representing Platinum Equity, a Beverly Hills-based private equity firm, in connection with its $850 million investment in Nesco Holdings, a provider of specialized truck and heavy equipment solutions, in connection with Nesco's acquisition of Custom Truck One Source.
• 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.
• Zoetis Inc. acquisition of Platinum Performance. Representing leading animal health company Zoetis Inc. in its acquisition of Platinum Performance, a nutrition-focused animal health business offering premium nutritional product formulas.
• 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

• In re Realpage Inc., Rental Software Antitrust Litigation. Representing Bozzuto Management Company in the RealPage Rental Software Antitrust class action currently pending in Middle District of Tennessee alleging that Bozzuto and more than 40 other landlords and managers of multifamily rental housing engaged in a nationwide conspiracy to fix rents by using RealPages Rental Software in setting their rental rates. Also representing Bozzuto in parallel litigation brought by the Attorney General of the District of Columbia.
• The International Center for Law & Economics. Representing the International Center for Law & Economics as an amicus curiae that contributed to a critical Supreme Court victory allowing the Federal Communications Commission to relax restrictions on local media ownership.
• The American Intellectual Property Law Association. Drafting an amicus brief for the American Intellectual Property Law Association in 1-800 Contacts, Inc. Case for the United States Second Court of Appeals for the Second Circuit. 
• In re Local TV Advertising Antitrust Litigation. Defending Sinclair Broadcast Group in an antitrust MDL class action alleging the unlawful exchange of pacing information among broadcast TV stations in television advertising markets nationwide.
• 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