Paul H. Friedman represents parties in merger and non-merger investigations and in antitrust litigation. Mr. Friedman regularly serves as lead counsel in multi-defendant class and non-class action matters in federal and state courts as well as in domestic and foreign arbitral tribunals.
Mr. Friedman is the managing partner of the firm’s Washington, D.C. office and is a past co-chair of the antitrust/competition practice. Mr. Friedman has been ranked as a top antitrust lawyer by Chambers USA, a referral guide to leading lawyers in the United States that has noted his “‘excellent cross-examination of experts in antitrust cases” and that “his litigation prowess gains him further acclaim.” He has also been considered a “true star” in antitrust litigation by Benchmark Litigation. Mr. Friedman co-chairs the Annual Law & Economics Institute for Judges that is co-sponsored by the American Bar Association’s Section of Antitrust Law and the Law and Economics Center at the George Mason University School of Law.
Mr. Friedman also guides clients through Federal Trade Commission and Department of Justice investigations. He has been successful in persuading the enforcement agencies to forego expensive and time-consuming second requests and has gained expedited clearance following the issuance of a second request.
Acting as one of the lead trial lawyers for Whole Foods Markets, Inc. in a lawsuit brought by the Federal Trade Commission (FTC) seeking to enjoin the company’s US$565 million acquisition of Wild Oats Markets Inc. Mr. Friedman deposed key third party witnesses before trial. At trial, Mr. Friedman’s “hard-nosed” cross examination of the FTC expert economic witness played a pivotal role in convincing the federal judge to issue an opinion rejecting the FTC’s request to temporarily block the merger
Policy and Politics
Some transactions raise political as well as competition issues. Mr. Friedman has prepared clients involved in mergers for testimony before committees of the United States Senate and House of Representatives. For example, Mr. Friedman helped prepare the buyer and the seller for testimony before the Senate Antitrust Subcommittee, which was investigating a merger in the defense aerospace industry.
Administrative Proceedings and Advocacy Projects
Mr. Friedman represents parties in administrative adjudications before the FTC and other federal agencies in connection with merger and non-merger investigations. These administrative proceedings have their own unique rules of practice and require strategies different from those used in court. He has also handled a number of competition advocacy projects before the FTC, the Department of Justice, and the Federal Communications Commission, including matters involving Internet businesses, telecommunications, wireless cable, direct broadcast television, and satellites.
Helping clients avoid costly litigation and government investigations is key. Mr. Friedman’s in-depth knowledge of such industries as aerospace and aviation, broadcast, consumer products, and telecommunications enables him to provide practical compliance advice, particularly with regard to sales and marketing practices. Mr. Friedman has created and implemented training programs for both in-house lawyers and non-lawyer sales and marketing groups.
Mr. Friedman is an active member of the American Bar Association Antitrust Section. He has been nominated for the Section’s Council, and took office in August 2012. He currently serves as co-chair of the Communications and Digital Technology Industries Committee. He has previously served as vice-chair of the Section’s Programs Committee and the Advocacy Committee and he served for three years as chair of the Civil Practice and Procedure Committee. Mr. Friedman is Principal Editor of the Section’s authoritative handbook, Model Jury Instructions in Civil Antitrust Cases, 2005 Edition.