Jim Wade concentrates his practice on antitrust and competition issues including merger clearance, government civil and criminal investigations, private antitrust litigation, and antitrust counseling. He has more than 22 years of experience dealing with antitrust issues in both the private and government sectors.
Jim's recent engagements include assisting a major telecommunications company in various acquisitions, successfully defending a hospital in connection with various antitrust claims including attempted monopolization and conspiracy to monopolize, representing a major media company in various DOJ and FTC civil investigations, and defending individuals and corporations in grand jury proceedings involving alleged antitrust offenses and other crimes. He has extensive experience with the telecommunications, media and Internet industries. Mr. Wade has advised companies on the antitrust implications of a wide variety of business practices including marketing and pricing issues, strategic collaborations and joint ventures, and premerger planning activities.
Prior to joining the firm in June, 2004, Jim was the Chief of the Litigation III section of the Antitrust Division, Department of Justice, where he was responsible for the oversight of civil antitrust enforcement and litigation activities nationwide in a wide variety of industries. He represented the United States in a successfully litigated challenge to a major airline carrier's acquisition of a controlling stock interest in one of its competitors, as well as the government's action to block the acquisition of certain strategic satellite assets by a joint venture controlled by the five largest cable MSOs in the United States.
Jim was named a Washington, D.C. Super Lawyer 2007 in antitrust litigation. He was recognized in Best Lawyers in America for Antitrust Law, 2011-2013, and Litigation - Antitrust, 2012-2013. In 2010, Jim was Martindale Hubbell client rated Preeminent 5.0 out of 5.
Mr. Wade's recent speeches include:
- "Recent Trends and Developments in U.S. Antitrust Enforcement," TexasBarCLE 11th Annual Advanced In-House Counsel Course, Dallas, TX (2012).
- Panelist, "Market Access Issues," International Air Transportation Association (IATA) Legal Symposium, Shanghai, China (2012).
- "Recent Trends and Developments in U.S. Antitrust Enforcement," US Mexico Bar Association 2010 Annual Meeting, Mexico City, Mexico, (2010).
- Moderator, "Howard Stern and Unilateral Effects: Lessons From The XM-Sirius Satellite Radio Merger," ABA Section of Antitrust Law Teleseminar (2008).
- Moderator, "Are We Done Yet? Post-Closing Review of and Challenges to M&A Transactions," ABA Section of Antitrust Law Spring Meeting (2007).
- "The Proper Limits of Premerger Planning: Practical Strategies for Avoiding Gun-Jumping Risks," Houston Bar Association M&A and Antitrust Section Joint Meeting (2006).
- "Antitrust Issues Raised by Internet-based Distribution of Music and Movies: Is BMI the Answer?" ABA Section of Antitrust Law Spring Meeting (2004).
Selected Representative Experience
Antitrust Counseling in Proposed Telecommunications Acquisition
Represented AT&T before the DOJ and FCC on antitrust matters related to proposed acquisition of T-Mobile USA, including pre-merger integration counseling and planning.
DOJ Civil Antitrust Investigation Related to Recruiting Practices
Representation of global web services company in connection with DOJ civil antitrust investigation relating to hiring and recruiting practices in technology industry.
Defense of Proposed Multi-Billion Dollar Telecommunications Acquisition
Defense of AT&T in merger challenges filed by Sprint and Cellular South against AT&T's proposed acquisition of T-Mobile USA.
Fire Suppression Products Industry Acquisition
Representation of global manufacturer of fire suppression products in connection with FTC investigation of proposed acquisition.
Representation of sales executive in connection with DOJ criminal antitrust investigation relating to certain procurement and bidding practices.
Air Cargo Investigation
Representation of numerous executives of international air cargo carrier in connection with DOJ criminal investigation of air cargo industry.
Antitrust Investigation into Proposed Online Advertising Alliance
Representation of global web services company in connection with DOJ antitrust investigation of proposed online advertising alliance between Google and Yahoo.
Antitrust Counseling in Telecommunications Acquisition
Provided antitrust counseling to AT&T in its $2.7 billion acquisition of Centennial Communications Corporation.
FTC Section 5 Trade Association Investigation
Representation of major music trade association in FTC investigation and negotiation of consent decree relating to allegations under Section 5 of the FTC Act. Developed antitrust compliance policy and guidelines.
FTC Standard Setting Investigation
Representation of major entertainment and media company in connection with FTC antitrust investigation relating to certain marketing issues and allegations regarding participation in standard setting activities.
Premerger Antitrust Planning in Connection with Telecommunications Acquisition
Representation of AT&T on all premerger planning activities relating to AT&T's proposed acquisition of wireless licenses and related assets from Verizon Wireless.
Merger with the Boeing Company and Aviall
Haynes and Boone represented Aviall Inc. in the company’s $2.05 billion merger with the Boeing Company. The deal represented the largest purchase for Boeing in a decade. As the world's largest independent provider of new aerospace parts and related aftermarket services, Aviall is a leading solutions provider of aftermarket supply-chain management services for the aerospace, defense and marine industries.
Marine Supply Manufacturer Bid Rigging Prosecution
Representation of executive of manufacturer of foam-filled marine fenders and buoys in a criminal action by U.S. Department of Justice Antitrust Division alleging bid rigging and customer allocation scheme.
Global Web Services Antitrust Investigation
Representation of global web services company in connection with FTC investigation of Google's proposed acquisition of on-line advertising serving company DoubleClick.
Antitrust Counseling in Billion-Dollar Acquisition
Provided antitrust counseling to AT&T in its $67 billion acquisition of Bell South Corp.
MRIA v. Saint Alphonsus
Acted as principal outside counsel for Saint Alphonsus on antitrust claims alleging attempted monopolization, exclusive dealing, and other offenses involving the provision of diagnostic imaging services. Working closely with client, we planned discovery effort, retained and supervised economic expert to assist in analysis, and ultimately successfully argued and obtained dismissal of all antitrust claims at summary judgment stage.
Acted as one of the primary outside antitrust firms responsible for assisting client in monitoring pre-merger integration planning activities to ensure compliance with antitrust laws and regulations.
Acted as principal outside antitrust counsel for AOL in connection with its $850 million acquisition of social networking site Bebo. We prepared HSR filing and advised client on antitrust issues relating to transaction.
05/13/2011 - FTC Orders Texas Doctors' Group to Cease Joint Price Negotiations with Insurers
Southwest Health Alliance (“Southwest”), an independent practice association with approximately 900 member-physicians, has agreed to a proposed order recently entered by the Federal Trade Commission (“FTC”) settling charges that it engaged in anticompetitive conduct in its dealings with insurers and other payors for the provision of physician services (collectively, “insurers” or “payors”).
11/04/2010 - Recent Trends and Developments in U.S. Antitrust Enforcement
Antitrust government enforcement activity in the United States can be placed into three major categories: (1) criminal antitrust prosecutions; (2) civil merger enforcement; and (3) conduct or other non-merger related civil actions.
05/12/2009 - Aggressive Antitrust Enforcement: What Should Businesses Expect from the Obama Administration’s Recent Policy Announcements?
The Obama Administration has announced its initial roadmap for more aggressive antitrust enforcement. In a speech delivered yesterday, Christine A. Varney, the Assistant Attorney General for Antitrust, announced policy initiatives that were consistent with promises made during her confirmation hearings to promote civil antitrust enforcement and “rebalance legal and economic theories in antitrust analysis and enforcement.” What does this mean for corporate antitrust compliance under the Obama administration? Varney’s speech identified several areas in which businesses can expect increased scrutiny.
02/26/2009 - The UPS-DHL Express Mail Agreement: Collaboration, Antitrust And Politics
The Transportation Antitrust Update, Winter 2009, Section of Antitrust Law, American Bar Association. Reprinted by permission.
On May 28, 2008, DHL Express US (“DHL”), the wholly-owned U.S. subsidiary of Deutsche Post AG, issued a press release announcing its intention to enter into a collaboration with United Parcel Service (“UPS”), one of its principal competitors.
08/06/2008 - Whole Foods - Where Does the Federal Trade Commission Go From Here?
Whole Foods has closed its acquisition of Wild Oats, but it may not have much time to enjoy its purchase. The Federal Trade Commission had sought a preliminary injunction to block the merger to give it time to conduct a trial on the merits, but the district court denied the motion.
06/29/2007 - Resale Price Maintenance No Longer Per Se Illegal
On June 28th, the Supreme Court issued its opinion in Leegin Creative Leather Products, Inc. v. PSKS, Inc., S. Ct. No. 06-480. The single question for decision was “whether vertical minimum resale price maintenance agreements should be deemed per se illegal under Section 1 of the Sherman Act, or whether they should instead be evaluated under the rule of reason.”
05/22/2007 - Bell Atlantic v. Twombly: Supreme Court Tightens Standards for Pleading Antitrust Conspiracies
The United States Supreme Court's decision yesterday in Bell Atlantic Corp. v. Twombly imposes a strict standard for antitrust complaints that rely on allegations of parallel conduct to satisfy the element of conspiracy or agreement. In a 7-2 decision, the Court held that the inference of agreement must be “plausible”; so long as the parallel behavior is consistent with independent action, the complaint is subject to dismissal for failure to state a claim upon which relief may be granted.