Introduction
Gordon Lang represents clients in criminal and civil antitrust litigation, in matters before the federal antitrust and other enforcement agencies, in white-collar criminal cases and investigations, class actions, and other complex civil litigation. He is the team leader of the firm’s Antitrust, Regulatory, and Unfair Trade Practices group and was appointed as a non-governmental advisor for the United States at the 2014 International Competition Network Cartel Workshop. He represented an individual in the U.S. House of Representatives’ 2019-2020 impeachment investigation.
My focus
Antitrust
I am a former Department of Justice (DOJ) lawyer and represent clients in the full range of antitrust matters, including criminal investigations and cases (including those involving alleged international cartels), class actions and other civil litigation, and merger and non-merger investigations before federal and state enforcement agencies, and internal compliance and counseling matters. My clients have included industrial and transportation concerns (such as MOL Logistics (Japan)), media companies (such as Gannett Co., Inc., and Stephens Media), tech firms (such as TDK Corporation), banks, waste disposal companies, construction firms, government contractors, and service providers and consumer products firms.
Criminal Antitrust
Consistent with the enforcement trend, much of my criminal antitrust practice focuses on the representation of foreign-based companies in a variety of industries that have allegedly participated in international cartels. I also represent U.S. companies and individuals in national and local criminal matters. I’ve successfully taken corporations through the DOJ’s leniency program.
Civil Antitrust Litigation
My civil litigation practice includes the defense of class action matters involving price-fixing and related claims, monopolization claims under Section 2 of the Sherman Act, anti-merger claims under Section 7 of the Clayton Act, and Robinson-Patman price-discrimination allegations. I’ve successfully defended clients in a number of cases involving the Newspaper Preservation Act.
Civil Government Investigations and Actions
I represent U.S. and non-U.S. clients in merger investigations (including second request investigations) and non-merger investigations before federal and state antitrust and other enforcement agencies.
Counseling and Compliance
The most important work often is in the planning. I work with clients to evaluate the antitrust issues involved in potential business matters and courses of conduct and find a strategy and solution to achieve their objectives. To help clients avoid or evaluate potential problems, I provide antitrust training and conduct internal antitrust compliance investigations.
Representative experience
- Mergers and acquisitions, including successful representation of clients in second request investigations
- Defense of corporations and individuals in grand jury investigations, including amnesty applications, criminal trials
- Defense of clients in DOJ, Federal Trade Commission (FTC), and state investigations
- Successful defense of SAES Getters S.p.A. in FTC second request investigation of sale of medical nitinol business (2023)
- Successful defense of acquiring bank in DOJ merger investigation (2021)
- County Waste & Recyc. Srv. v. Twin Bridges, 72 Misc. 3d.1271 (dismissal of antitrust counterclaims) (2021)
- Successful representation of Gannett Co., Inc., in acquisition by New Media (2019)
- Successful defense of TDK Corporation in FTC second request investigation of proposed acquisition of Hutchinson Technology, Inc. (2016)
- Successful defense of Gannett Co., Inc., in DOJ second request investigation of acquisition of Journal Media Group (2016)
- Representation of dairy cooperative in DOJ investigation of Danone’s acquisition of WhiteWave (merging parties entered into a consent judgment with DOJ which was favorable to our client (2017)
- Representation of W.B. Mason in FTC challenge to merger of rivals Staples and Office Depot (2016)
- Representation of individual in U.S. House of Representatives impeachment investigation (2019)
- Precision Associates, et al. v. Panalpina, et al. (SDNY) (defense of Japanese freight forwarder MOL Logistics and its U.S. subsidiary in antitrust class action)
- Representation of Gannett Co., Inc., in DOJ investigation of Belo acquisition (2013)
- Greenspun, et al. v. Stephens Media, et al. 2:13-cv-01494 (D. Nev. 2013) (denial of motion for preliminary injunction seeking to block termination of newspaper joint operating agreement)
- Fleischman v. Albany Medical Center, et al. 2008 U.S. Dist. Lexis 57188 (N.D.N.Y. 2008) (requiring individual determination of damages in antitrust class action)
- State of Arizona v. Gannett Co., Inc., et al. (D. Ariz. May 2009) (denial of motion for temporary restraining order (TRO) and preliminary injunction seeking to bar closure of Tucson Citizen; state subsequently dismissed case)
- The Diamond Center, Inc. v. Leslie’s Jewelry Mfg. Corp., 562 F. Supp. 2d 1009 (W.D. Wisc. 2008) (dismissing Robinson-Patman, unjust enrichment and promissory estoppel claims)
- NewsOne Newspaper Distribution Service v. Gannett Satellite Information Network (D. Md., January 2008) (denying TRO sought against USA TODAY’s change in distribution system; plaintiff subsequently dismissed case)
- Reilly v. MediaNews, et al., 2006 U.S. Dist. LEXIS 61696 (N.D. Cal. 2006) (denying request for TRO blocking acquisition of newspapers)
- Mahaffey v. Detroit Newspaper Agency, 969 F. Supp. 446 (D. Mich. 1997), aff’d, 1998 U.S. App. LEXIS 25472 (6th Cir. 1998) (obtained summary judgment for defendant newspapers and their joint operating agency against price-fixing and output restriction claims)
- Michigan Citizens for an Independent Press v. Thornburgh, 493 U.S.38 (1989) (decision upheld attorney general’s approval of application for antitrust exemption for joint newspaper operating arrangement between two daily newspapers in Detroit)
- Corning v. Transitions (representation of plaintiff Corning in monopolization and exclusive dealing case)
- Wright v. Gannett (defeat of motion to preliminarily enjoin newspaper’s change in distribution system; rebuff of class action allegations)
- United States v. Title Insurance Rating Bureau of Arizona, 517 F. Supp.1053 (D. Ariz. 1981), aff’d, 700 F.2d 1247 (9th Cir. 1983) (prosecutor in action rejecting state action and McCarran-Ferguson defenses)
- United States Optical v. Corning, 1994 U.S. App. LEXIS 259 (4th Cir. 1994) (summary judgment for defendant Corning against breach of contract, unfair competition, and other claims)
- In re United States Optical, 1993 U.S. App. LEXIS 6960 (4th Cir. 1993) (upholding grant of involuntary bankruptcy petition)
- Lucas v. Planning Board of LaGrange, 7 F. Supp.2d 310 (SDNY 1998) (defeating challenge to consent decree in Telecommunications Act case)
Looking ahead
The Biden administration’s Department of Justice and the Federal Trade Commission pledged vigorous antitrust enforcement and have lived up to their promise of advancing new theories and priorities. We are beginning to see the effects of those efforts—and the courts’ response to them—with more to come.
/Insights
- Non-governmental advisor, 2014 International Competition Network Cartel Workshop
- “Employees (and Others) Beware: DOJ Puts the Heat on No Employee Solicitation Agreements,” ABA Antitrust Section E-Bulletin, Spring 2011
- “A Cold, Cold World: Nixing‘No Cold-Call Agreements,” Law 360, October 14, 2010. (Coauthor with Jeffrey Tanenbaum)
- “Grappling with Reach of Sherman Act in Suits by Non-U.S. Consumers,” New York Law Journal, August 11, 2003. (Coauthor with J. Kole)
- “ALBRECHT after ARCO: Maximum Resale Price Fixing Moves toward the Rule of Reason,” 44 Vanderbilt L. Rev. 1007, 1991 (cited by the Supreme Court in State Oil Co. v. Khan, 522 U.S. 3 (1997)). (Coauthor with R. Blair)
In the news
- Bloomberg Law
Fanatics, Italian rival test antitrust law in market share fight
Nov 27, 2023Washington, DC Complex Disputes partner Gordy Lang, leader of NP’s Antitrust practice, provides third-party comments in this article covering Italian sports trading card company Panini SpA’s lawsuit claiming that US rival Fanatics Inc. violated antitrust law by securing long-term exclusive deals with major sports leagues.
- Bloomberg Law
Candle businesses face hurdles with fragrance price-fixing cases
July 14, 2023Washington, DC Complex Disputes partner Gordy Lang, leader of the firm’s Antitrust, Regulatory, and Unfair Trade Practices team, is quoted in this article covering the hurdles several candle makers face in price-fixing cases involving global fragrance suppliers. Gordy notes that plaintiffs can be eager to file a lawsuit when there is a grand jury investigation, and also that if some of the companies were to be convicted in the US, the plaintiffs could have a big advantage in the form of collateral estoppel.
- The Deal
Borealis Foods strikes SPAC deal
Feb 24, 2023The following article highlights NP’s role as US legal counsel to Borealis Foods Inc. in its announced business combination with SPAC Oxus Acquisition Corp. The deal will result in Borealis going public at an estimated value of $150 million. The NP team is led by Boston Corporate partner and Business & Finance Department head Chris Keefe and New York City Corporate partner Dick Langan. The core team also includes Los Angeles Corporate partner and Tax practice co-leader Shahzad Malik; Washington, DC Complex Disputes partner and Antitrust leader Gordy Lang; and Corporate associates Paul DeTurk of Boston, Corey Habib of Manchester, and Brian Kenney of Washington, DC.
- Law360
Five firms steer plant-based food company’s $150M SPAC merger
Feb 24, 2023The following article highlights NP’s role as US legal counsel to Borealis Foods Inc. in its announced business combination with SPAC Oxus Acquisition Corp. The deal will result in Borealis going public at an estimated value of $150 million. The NP team is led by Boston Corporate partner and Business & Finance Department head Chris Keefe and New York City Corporate partner Dick Langan. The core team also includes Los Angeles Corporate partner and Tax practice co-leader Shahzad Malik; Washington, DC Complex Disputes partner and Antitrust leader Gordy Lang; and Corporate associates Paul DeTurk of Boston, Corey Habib of Manchester, and Brian Kenney of Washington, DC.
- The Deal
Resonetics to acquire two SAES units
Dec 9, 2022The following article covers Resonetics LLC’s $900 million agreement to acquire Memry Corp. and SAES Smart Materials Inc. from NP client SAES Getters SpA. The article mentions Manchester partner and Private Equity & Family Offices team leader Phil Taub and Boston partner Amy O’Keefe, both of the Corporate group, for leading the NP team representing SAES Getters on U.S. legal matters. The team also includes Chicago partner and Global Finance co-leader Rob Drobnak; Corporate partners Alexandra Lopez-Casero and Thomas McCord from Boston, Andrew Share from Manchester, and Sean Clancy from Washington, DC; Affordable Housing & Real Estate partners Mark Beaudoin from Manchester and Alison Torbitt from San Francisco; Boston Labor & Employment partner Jeff Gilbreth; Rochester Intellectual Property partner Kristen Walsh; Washington, DC Complex Disputes partner and Antitrust leader Gordon Lang; Manchester Government Investigations & White-Collar Defense partner Mark Knights; Rochester counsel and Cybersecurity & Privacy deputy leader Jenny Holmes; Boston Corporate counsel David Crosby; Washington, DC Complex Disputes counsel Brian Whittaker; Albany Affordable Housing & Finance counsel Dana Stanton; Corporate associates Shaziah Singh from New York, Anthony Bova from Boston, Corey Habib from Manchester, and Hrishikesh Shah from Chicago; and Manchester Corporate department attorney Dave Zimmermann.
- Dot LA
The Federal Trade Commission continues to circle the Santa Monica-based video game developer's proposed merger with Microsoft
This article on the proposed $69 billion merger between Microsoft and video game developer Activision Blizzard quotes Washington, DC Complex Disputes partner and Antitrust team leader Gordon Lang on the relatively small percentage of overall mergers that receive a second look from the Federal Trade Commission, and the tendency for these types of requests to increase in relation to the deal size.March 22, 2022 - CQ Roll Call
Microsoft's $68.7 billion bid for Activision leads biggest January deals
This article highlighting Microsoft’s proposed $68.7 billion acquisition of video game company Activision Blizzard quotes Washington, DC Complex Disputes partner and Antitrust practice leader Gordon Lang on how a large price tag does not make a deal unlawful under antitrust law, noting that the issue to consider is whether competition would be harmed.Feb 4, 2022 - Dot LA
Why antitrust concerns won't block Microsoft's Activision acquisition
This article on Microsoft’s proposed $69 billion acquisition of video game company Activision Blizzard quotes Washington, DC Complex Disputes partner and Antitrust practice leader Gordon Lang on antitrust considerations and potential issues related to similar large-sized mergers and acquisitions. Esports & Gaming group leader and Los Angeles Labor & Employment associate Irene Scholl-Tatevosyan is quoted on the strength of competition among companies of all sizes in the gaming industry.Jan 24, 2022 - The American Lawyer
Deal Watch: Private equity hits new heights
Nov 22, 2021This article on the surge in private equity deals includes NP for advising the owners of skin care brand Obagi in its $1.2 billion business combination agreement with Waldencast Acquisition Corp. and the spinoff of Obagi’s operations in China.
The NP team was led by David Cheng, chair and managing partner of the firm's China and Asia-Pacific practice, and New York City Corporate partners Michael Smith and Richard Langan. The team that advised Obagi also included Chicago Corporate partner David Brown, Rochester Corporate partner Jeremy Wolk, Washington, DC Complex Commercial Disputes partner and Antitrust team leader Gordon Lang, and Washington, DC Corporate senior counsel Kenneth Silverberg. Other members of the team included Boston Corporate associate Anthony Bova and Chinese legal consultant Kelly Xiang.
- Bloomberg Law
Four firms lead three-way SPAC to create new beauty platform
Nov 18, 2021This article covering a roughly $1.2 billion merger of skin care and beauty brands with a special purpose acquisition company mentions NP for advising the owners of skin care brand Obagi in its business combination agreement with Waldencast Acquisition Corp. and the spinoff of Obagi's operations in China.
The NP team was led by David Cheng, chair and managing partner of the firm's China and Asia-Pacific practice, and New York City Corporate partners Michael Smith and Richard Langan. The team that advised Obagi also included Chicago Corporate partner David Brown, Rochester Corporate partner Jeremy Wolk, Washington, DC Complex Commercial Disputes partner and Antitrust team leader Gordon Lang, and Washington, DC Corporate senior counsel Kenneth Silverberg. Other members of the team included Boston Corporate associate Anthony Bova and Chinese legal consultant Kelly Xiang.
- CQ Roll Call
US sets up antitrust whistleblower protections for workers
Antitrust practice leader and Washington, D.C. Complex Commercial Disputes partner Gordy Lang is quoted in this article on a new law designed to prevent employers from retaliating against antitrust whistleblowers.Feb 22, 2021 - CQ Roll Call
Congress lets leniency program for antitrust criminals lapse
Washington, DC, Complex Commercial Disputes partner Gordon Lang, who leads the firm’s Antitrust, Regulatory and Unfair Trade Practices team, is quoted on the likelihood of Congress reauthorizing a leniency program for antitrust probes and why some large companies may at times be reluctant to come forward for fear of unnecessarily exposing themselves to civil liability risks.June 23, 2020 - Law360
Taxation with Representation
This story highlights Nixon Peabody’s representation of Gannett, the publisher of USA Today, in its $1.38 billion merger with New Media Investment Group, parent of GateHouse Media LLC.Aug 9, 2019 - American Lawyer
Deal Watch: More consolidation hits the newspaper business
This story highlights Nixon Peabody’s representation of Gannett, the publisher of USA Today, in its $1.38 billion merger with New Media Investment Group, parent of GateHouse Media LLC.Aug 9, 2019 - The Deal
Gatehouse parent to buy Gannett
The following stories highlight Nixon Peabody’s representation of Gannett, the publisher of USA Today, in its $1.38 billion merger with New Media Investment Group, parent of GateHouse Media LLC.Aug 6, 2019 - Law360
4 firms steer $1.4B New Media, Gannett tie-up
The following stories highlight Nixon Peabody’s representation of Gannett, the publisher of USA Today, in its $1.38 billion merger with New Media Investment Group, parent of GateHouse Media LLC.Aug 5, 2019 - Law360
Don't Miss It: Hot Deals & Firms We're Following This Week
Gannett Co., Inc.’s acquisition of seven Texas television stations from London Broadcasting Company for $215 million is highlighted among the top deals this week. Nixon Peabody represented Gannett. The deal team noted in the coverage includes Public Company Transactions practice group leader John Partigan, Labor & Employment partners Brian Kopp and Michael Hausknecht, Tax partner Christian McBurney, Antitrust partner Gordon Lang and counsel Alycia Ziarno, and associates Tiana Butcher and Pierce Han.July 10, 2014
Admitted to practice
District of Columbia
New York
Illinois
U.S. Supreme Court
Education
Harvard Law School, J.D., cum laude
University of Michigan, B.A., with high distinction
Insights And Happenings
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View AllRobert Fisher
Partner / Practice Group Leader, Government Investigations & White Collar Defense- Boston
- Office:+1 617.345.1335
- rfisher@nixonpeabody.com
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Hannah Bornstein
Partner / Deputy Practice Group Leader, Government Investigations & White Collar Defense- Boston
- Office:+1 617.345.1217
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