Oral Pottinger is a partner in the Antitrust & Competition practice at Mayer Brown. He focuses on mergers and acquisitions, civil and criminal antitrust investigations, antitrust counseling, antitrust litigation, advertising and consumer protection matters. Oral is also co-chair of Mayer Brown’s Electronic Discovery & Information Governance practice and has served as a trusted advisor to corporate clients identifying and implementing effective e-discovery solutions addressing many complex legal matters, including: government investigations, class action discovery, information risk management, defensible disposition, and e-discovery best practices. Additionally, Oral co-chairs the Committee on Diversity & Inclusion and is a hiring partner for the DC office. His experience includes:
- Over two decades of experience in Hart-Scott-Rodino Act (HSR) and foreign clearance of mergers and acquisitions, civil and criminal antitrust investigations and antitrust counseling.
- Management of entire “second request” response and merger advocacy of high-profile mergers, including interrogatories, data specifications, document review and production, depositions, and white papers.
- Extensive experience in advertising and consumer protection matters.
- Development of market knowledge in industries including print and electronic media, technology, energy, consumer goods, chemicals, transportation and distribution, oil services and mining equipment.
- Experience with regard to e-discovery and electronically stored information and the prevailing standards of compliance with the federal rules and recent jurisprudence.
- Extensive experience working with economic, manufacturing, mining, survey and consumer perception experts preparing expert reports submitted to federal district courts, the US Department of Justice (DOJ), and FTC.
Áreas de Enfoque
- Currently representing Foster Farms in several putative antitrust class actions, including In re Broiler Chicken Antitrust Litigation, Turkey Antitrust Litigation, Grower Pay Antitrust Litigation, and Poultry Wage-Fixing Antitrust Litigation. The complaints have been brought by a variety of potential classes alleging various conspiracies among poultry producers related to information exchanges, output restrictions, index manipulation, or price-fixing.
- Currently providing antitrust advice and counseling to The Center for Audit Quality (CAQ) committees and its governing board comprised primarily of the U.S. Chairs and CEOs of the Big Four public accounting firms and BDO, Crowe, Grant Thornton, and RSM.
- Represented Cummins in its $3.7 billion acquisition of Meritor. The transaction included obtaining merger control clearance in Brazil (CADE), Canada, China (SAMR), EU (EC), Japan (JFTC), Mexico, Turkey, and U.S. (DOJ) and pre-closing FDI clearances in Australia (FIRB), Austria, France, Italy, and UK (ISU). All clearances were obtained in less than six months.
- Represented Houghton in its $1.4 billion merger with Quaker Chemical. The transaction included obtaining merger control clearance in Australia (ACCC), China (SAMR), EU (EC), and U.S. (FTC). Both the EC and FTC conducted extensive investigations, but ultimately cleared the transaction after the parties agreed to divestitures and other conditions.
- Represented Virgin America in its $2.6 billion acquisition by Alaska Air Group.
- Represented Whirlpool in connection with its $1.7 billion acquisition of Maytag. After an extensive investigation, including a second request, numerous depositions, submission of extensive information demonstrating the large cost savings and other efficiencies created by the transaction, the DOJ closed its investigation without seeking conditions.
- Represented Anheuser-Busch in its $52 billion acquisition by InBev. DOJ closed its investigation in less than four months, although an extensive investigation was undertaken, including a second request, numerous depositions, and significant review of a divestiture remedy.
- Represented Arch Coal in its landmark antitrust suit defeating the FTC’s federal court challenge to its acquisition of Triton Coal.
- Successfully represented a leading trucking company in consolidated multidistrict price fixing class actions by dismissal of actions on a Twombly motion. Also served as e-discovery counsel during the pendency of the matters, including compliance with a preservation order, Rule 26(f) Meet and Confer obligations, and key client liaison for execution of discovery plan and internal investigation.
- Successfully represented a leading global food and beverage company in obtaining settlements from 28 state attorneys general, Federal Trade Commission and two private class actions involving allegations of false advertising related to Enviga, a caffeinated green tea beverage. Prepared expert statements and reports for settlement purposes with enforcement agencies and in order to defeat a class certification motion in a surviving suit.
- Represented Yellow Roadway, now YRC Worldwide, in its acquisition of USF Corporation and affiliated operating companies. The acquisition cleared after the expiration of the initial HSR waiting period, although many in the industry predicted a longer antitrust review by the enforcement agencies.
- Represented BMG Direct in its acquisition of Columbia House. The acquisition cleared after the expiration of the HSR waiting period.
- Represented Nestlé in its $2.8 billion acquisition of Dreyer’s Grand Ice Cream.
- Represented Fortune Brands in a complex three-party transaction that included Allied Domecq and Pernod Ricard.
- Represented Joy Global in its acquisition of the Stamler Division from the Oldenburg Group Incorporated. The acquisition cleared after the expiration of the initial HSR waiting period.
- Represented Bertelsmann AG in its $2.1 billion divestiture of BMG Music Publishing Group to Vivendi SA, creating the world's largest music publishing company. US antitrust clearance was obtained on an expedited basis in less than three months.
- Represented Varco International in its acquisition by National Oilwell. After a six month investigation the transaction was approved without divestiture.
Modern Considerations in Merger Reviews: How Public Interest and Social Justice Objectives are Impacting the Merger Clearance ProcessSecond Annual TLS Antitrust Clearance & Merger Enforcement Conference
Georgetown University Law Center, JD
Howard University, BA, magna cum laude
Phi Beta Kappa
- District of Columbia
- US District Court for the District of Columbia
- Member, American Bar Association, Antitrust Section
- Board Member, Hope and a Home