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Jeffrey S. Spigel
jspigel@kslaw.com
+1 202 626 2626
Representative Experience
Civil and Criminal Government Antitrust and Consumer Protection Investigations and Litigation
Energy
 Defending a major global energy company in a DOJ criminal antitrust investigation.
 Successfully defended one of the world’s largest integrated petroleum companies in an industry-wide
civil investigation by the FTC involving the refining, distribution, and sale of light petroleum products in
the United States, as well as possible price gouging in the sale of these products. Also assisted the client
in responding to concurrent congressional investigations. Successfully convinced the FTC of no illegal
conduct by the client, which the FTC reported in its Report of Gasoline Price Manipulation and Post-
Katrina Price Increases.
 Successfully defended one of the world’s largest off-shore supply vessel manufacturer and operator in a
DOJ investigation of an acquisition of competing shipbuilder and operator of repair dry docks. The
transaction closed without DOJ action.
 Successfully defended Varel Energy Services, which is a leading mining and oil & gas drill bit
manufacturer in a DOJ investigation of a transaction with Sandvik AB. The transaction closed without
DOJ action.
 Successfully defended Weatherford International in a DOJ review of the sale of its pipeline and specialty
services business to Baker-Hughes Incorporated. The transaction closed without DOJ action.
 Successfully defended Mirant Corporation in a DOJ antitrust investigation of its merger with RRI
Energy. The transaction closed without DOJ action.
 Represented Torch Offshore Inc. in a DOJ investigation of its sale of certain assets to Cal Dive
International. The divested assets included two shelf pipelay barges, four shelf diving vessels, a
deepwater pipelay vessel, and a portable saturation diving system.
 Successfully defended a gas storage company in an FTC antitrust investigation of its acquisition of a
competitor. The transaction closed without FTC action.

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 Represented Trigen Energy in a Section 2 Sherman Act lawsuit against Oklahoma Gas & Electric
alleging monopolization of the district cooling market in downtown Oklahoma City. Successful jury
trial with an award of treble damages (Trigen Energy Corporation v. Oklahoma Gas & Electric).
Financial Services
 Defending Countrywide Financial Corporation, which is a Bank of America subsidiary, in an FTC
consumer protection investigation and litigation involving Countrywide’s mortgage loan servicing
practices; negotiated settlement provisions were reflected in subsequent National Servicing Standards
(FTC v. Countrywide Home Loans, Inc.).
 Successfully defended a Fortune 100 insurance client in a DOJ civil investigation of certain industry-
wide practices of consultants. The investigation closed without DOJ action.
 Successfully defended John H. Harland in a DOJ merger investigation of Harland’s acquisition by Clarke
American. The merger resulted in the consolidation of the number of national check printers in the
United States from three to two. The investigation closed without DOJ action.
Healthcare/Life Sciences
 Advising numerous healthcare provider clients in active merger and acquisition discussions with
competitors. As a result of the intense scrutiny by the FTC on healthcare consolidation, these
transactions raise significant and complex antitrust issues.
 Defending a 500-plus physician member network in an FTC price fixing investigation.
 Represented one of the leading global branded pharmaceutical companies in DOJ and FTC antitrust
investigations of a proposed patent settlement with a generic drug company and the use of authorized
generics.
 Successfully defended Capella Healthcare in an FTC merger investigation of its acquisition of five
hospitals from HCA, and the simultaneous sale of one of the hospitals to the St. Francis Medical Center
in Monroe, Louisiana (February 4, 2009 FTC Staff Closing Letter).
 Successfully defended King’s Daughter Hospital in its acquisition by Scott & White Healthcare, which
ultimately received clearance by the FTC under a failing firm defense.
 Successfully defended Piedmont Healthcare, Inc. in an FTC merger investigation of Piedmont’s
acquisition of Newnan Hospital. Convinced the FTC to close the investigation without any action (Feb.
28, 2007 FTC Closing Letter).
 Successfully defended physician clients and their messenger model network in an FTC civil price fixing
and concerted refusal to deal investigation. Convinced the FTC to close the investigation without any
action.
 Defended South Georgia Health Partners in an FTC civil price fixing and concerted refusal to deal
investigation of a super PHO comprised of five hospitals, as well as and over 400 physicians.
Successfully negotiated a settlement to resolve FTC concerns, which enabled the member PHOs to
continue operating (In re South Georgia Health Partners, L.L.C.).
 Represented Hospital Corporation of America in a Sections 1 and 2 Sherman Act (tying) federal antitrust
action against a competing hospital system. The action challenges certain anticompetitive tying practices

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by Phoebe Putney, which is the dominant medical center in southwest Georgia. (Palmyra Park Medical
Center, Inc. v. Phoebe Putney Memorial Hospital, Inc., et al.).
Manufacturing/Chemical
 Successfully defended a leading manufacturer of containerboard in a DOJ acquisition of a competing
virgin mill. The transaction closed without FTC action.
 Representing Central American Poultry Export Quota, Inc. (“CA-PEQ”), one of the largest U.S. poultry
exporters, in connection with DOJ and Commerce Department reviews of its export trading activities
with certain Central American countries.
 Defended UCAR International (now GrafTech) in a federal grand jury price fixing investigation.
Criminal complaint filed by the DOJ, which was settled successfully for $100 million (United States v.
UCAR International Inc.).
 Successfully defended a number of domestic manufacturers in an FTC investigation into antidumping
settlement agreements between the domestic manufacturers and foreign competitors. The investigation
closed without FTC action.
 Represented Blue Circle Cement in an FTC investigation of its merger with LaFarge S.A. Successfully
negotiated a settlement with the FTC (In re LaFarge S.A.).
Media/Publishing
 Successfully defended a multinational publisher in a DOJ merger investigation of an acquisition of a
competitor.
 Successfully represented Carmike Cinemas in its acquisition of strategic divestiture assets resulting from
DOJ’s action in the Cinemark/Rave Cinemas transaction (United States and State of Texas v. Cinemark
Holdings, Inc., Rave Holdings, LLC, and Alder Wood Partners, L.P.).
 Successfully defended Crawford Communications in a DOJ investigation of its strategic acquisition by
Broadcast Facilities. The investigation closed without DOJ action.
 Successfully defended a leading manufacturer and retailer of fishing boats in an FTC investigation of an
acquisition of a competitor. The transaction closed without FTC action.
 Successfully defended Hanesbrands in an FTC investigation of its acquisition of Maidenform. The
transaction closed without FTC action.
 Successfully defended a Fortune 100 client in a DOJ civil bid-rigging investigation. The investigation
closed without DOJ action.
 Successfully defended The Belk Stores in FTC merger investigations of its acquisitions of the Parisian,
Proffitt’s and McCrae’s department store chains from Saks Fifth Avenue.
 Successfully defended McLane Company in a Section 1 Sherman Act in an action in federal District
Court in Connecticut. The suit alleged federal and state antitrust tying violations arising from the sale of
products to the Plaintiff. McLane’s motion to dismiss with prejudice was granted by the federal District
Court (Loretta N. Bansavich D/B/A/ Lori’s Mobil v. McLane Company, Inc.).

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Technology
 Successfully defended ChoicePoint in an FTC merger investigation of ChoicePoint’s acquisition by Reed
Elsevier.
 Successfully defended Sprint in a DOJ investigation of its $35 billion merger with Nextel.
 Successfully defended Sprint in a DOJ investigation of its multi-billion dollar Global One joint venture
with France Telecom and Deutsche Telekom. Successfully negotiated a settlement with DOJ (United
States v. Sprint Corporation and Joint Venture Co.).
 Successfully defended a satellite broadcasting company in a DOJ investigation of a merger with a
competitor. The investigation closed without DOJ action.
Counseling
 Advises clients on antitrust issues arising from their everyday business practices, including compliance
and audits, competitor collaborations, exclusivity and foreclosure, resale price maintenance, Robinson-
Patman price discrimination, refusals to deal, and tying and predatory bundling issues.
 Obtained HSR clearances for hundreds of transactions.