George Paul is an antitrust lawyer advising clients on a range of international competition issues, including litigation, merger clearances, and criminal defense, often involving multiple competition agencies across the globe. Mr. Paul was recently recognized by Legal 500 USA as a "world-class antitrust lawyer" with "an impressive track record for merger-related antitrust issues."
Mr. Paul has significant experience in antitrust counseling and litigation arising from US and cross-border mergers and joint ventures. Mr. Paul regularly advises clients on merger control filings for cross-border transactions and coordinates their HSR and international filings efforts. He has handled complex antitrust issues for a variety of companies, in a variety of industries, such as retailing, paper and pulp, mining services, petrochemicals, consumer products and electronics.
He is co-editor of Worldwide Merger Notification Requirements
, the competition law treatise, published by Wolters Kluwer. The publication surveys more than 217 jurisdictions and is believed to be the most comprehensive catalogue of merger notification and control laws. He also has written extensively on the emergence of competition law in Asia Pacific countries.
Recent merger clearance transactions include:
- Grupo Bimbo in its US$959 million acquisition of Sara Lee’s bread business, named a 2011 "M&A Deal of the Year" by The Deal
- Fisher Communications' sale to Sinclair Broadcasting of 20 TV stations
- Toyota Industries Corporation in its US$760 million acquisition of Cascade Corporations
- Nordic Capital in the sale of Fougera Pharmaceuticals to Novartis for US$1.525 billion
- Pilot Travel Center's US$1.8 billion acquisition of Flying J Inc., named 2011 "Turnaround Deal of the Year (Large Market)" and "Divestiture Deal of the Year" by The M&A Advisor
- Liberty Dialysis' US$1.7 billion merger with Fresenius Medical Care, finalist, GCR 2012 Merger Control Matter of the Year - Americas
- Grupo Bimbo's US$2.5 billion acquisition of the US bakery business of Weston Foods, Inc., M&A Advisor Consumer and Retail Products Deal of the Year, 2009
Mr. Paul regularly counsels companies and individuals on criminal antitrust matters before enforcement agencies from around the world, including the US Department of Justice, US Commodity Futures Trading Commission, EU, Australia, Japan, Singapore, Canada, Korea, New Zealand, and South Africa. He works closely with the Firm’s international offices in defending global clients in criminal antitrust grand jury investigations in the United States and has advised clients facing global cartel investigations.
Mr. Paul was counsel to Stolt-Nielsen in its landmark action against the Department of Justice, which revoked Stolt's amnesty and indicted the company and its senior executives. After a three-week criminal trial, the court held that the company's amnesty agreement must be upheld and dismissed the indictment. United States v. Stolt-Nielsen S.A.
, 524 F. Supp. 2d 609 (E.D. Pa. 2007). The case is the first time a court has enforced an antitrust amnesty agreement. Mr. Paul also defended Stolt-Nielsen in a case before the Korea Fair Trade Commission (KFTC). The case is believed to be the KFTC’s first litigated international cartel case with live witness testimony. The KFTC action cleared the Stolt Nielsen case without a finding of any violation.
Mr. Paul has represented clients before the competition agencies and as plaintiffs and defendants in federal and state courts:
- US agency merger challenges, include:
- US v. SunGard Data Systems, Inc., 172 F. Supp. 2d 172 (D.D.C. 2001)
- US v. UPM-Kymmene Oyj, 2003-2 Trade Cases P 74, 101
- FTC v. Staples, 970 F. Supp. 1066 (D.D.C. 1997)
- Recent governmental investigation including defending nonmerger investigation, including investigations of alleged market allocation, consumer protection requirements, and monopolization. Successfully closed FTC investigation of possible allocation of customers, markets, or territories and coordination on price or output in chemicals industry.
- Represented overseas manufacturers against charges of an alleged global price-fixing cartel. White & Case successfully secured a jury verdict absolving the manufacturers of liability. On appeal, the verdict was upheld by the 4th Circuit, clarifying the reach of the Sherman Act. Dee-K Enterprises, Inc. v. Heveafil Sdn. Bhd., 299 F.3d 281 (4th Cir. 2002).
- Represents clients in numerous antitrust class action proceedings:
- In re: TFT-LCD (Flat Panel) Antitrust Litigation, MDL 1827
- In re: Cathode Ray Tube (CRT) Antitrust Litigation, MDL 1917
- In re: Air Cargo Shipping Services Antitrust Litigation, MDL 1775
- In re: Parcel Tanker Shipping Services Antitrust Litigation
- Lead counsel to Great Lake Transportation in merger hearings before Surface Transportation Board and at Department of Justice.
Mr. Paul is a 1992 graduate of Harvard Law School, where he served as Associate Editor of the Journal of Law and Public Polic
y and as Managing Editor of the Harvard Law Record
. He joined White & Case LLP in 1992.
Bars and Courts
New York State Bar
District of Columbia Bar
US Supreme Court
US Courts of Appeals for the District of Columbia and Federal Circuits
US Courts of Appeals for the First and Third Circuits
US Court of International Trade
US District Court for the District of Columbia
JD, Harvard Law School, Associate Editor, Journal of Law & Public Policy, Managing Editor, Harvard Law Record, International Law Society, 1992
BA, Mississippi State University, summa cum laude
Professional Associations and Memberships
American Bar Association, Antitrust Law Section
Competition Committee, Business and Industry Advisory Committee to the OECD (BIAC)
International Bar Association
Publications and Speeches
Panelist, "Immunity/Leniency/Sentencing: Canada's New Immunity Program," Canadian Bar Association National Spring Competition Law Conference, April 29, 2008
"International Cartels: US Litigation Techniques for European Lawyers," Brussels Professional Skills Institute, October 20, 2007
"Asia-Pacific Cartel Enforcement: A Survey of Recent Developments and Relevant Legislation," September 7, 2006
Global Merger Clearance
"USA: Merger Control," Global Legal Insights, Global Legal Group (2011), 1st Ed. (with J. Mark Gidley)
Worldwide Merger Notification Requirements (with J. Mark Gidley), Aspen Publishing
Co-author, "Worldwide Merger-Control Laws Turn a Corner... But Watch Out – You Might Still Be Run Over," The Mergers & Acquisitions Advisor, April 2003 (with J. Mark Gidley)
"GE/Honeywell Merger," Panelist, The University of Pennsylvania Journal of International Economic Law Symposium, April 12, 2002, Philadelphia, PA
"Emerging Issues in International Antitrust," presentation to New Jersey Corporate Counsel Association, December 11, 2001, Livingston, NJ
"South African Thresholds and Fees Amended," 4 ABA International Antitrust Bulletin, vol. 4:2, Summer 2001
"In Mergers, All Global Deals Are Local," Finance Director Europe, at 66, April 2001
"Global Antitrust and Competition Issues in Mergers and Acquisitions", Mergers and Acquisitions Conference, July 14, 1999, New York, NY
Asia Pacific Competition Law
"Asia-Pacific Cartel Enforcement: A Survey of Recent Developments and Relevant Legislation" at the International Cartels Conference hosted by Law Seminars International
Co-author, "Japan: Cartel Regulation," The Asia Pacific Antitrust Review 2004, Global Competition Review, April 2004 (with Jiro Tamura and J. Mark Gidley)
Co-author, "Vietnam: Developments and Overview," The Asia Pacific Antitrust Review 2004, Global Competition Review, April 2004 (with Diep Hoai Nam)
Co-author, "Thai Competition Law," The Asia Pacific Antitrust Review 2004, Global Competition Review, April 2004 (with Kallaya Laohaganniyom)
"Kazakhstan Merger Control Regime Amendments," 4 ABA International Antitrust Bulletin, vol. 4:2, Summer 2001
"The Complexities of Multi-Jurisdictional Merger Filings," International Legal Strategy: Legal Risk Management for Japan Business Executives, Vol. IX-7, July 2000
High Tech Industries
"Antitrust and the Internet: Exclusionary Conduct in High Tech Markets", Arizona State Bar Convention, Tucson, AZ, June 17, 2005
"Antitrust Online – Bottlenecks, Exchanges and Other Issues", Understanding Electronic Contracting 2003, The Impact of Regulation, Practising Law Institute, 2003, New York, NY (with David Bender)
Co-author, "Antitrust Online: B2B Exchanges", The Computer Law Association, Vol. 18, No. 1, 2003 (with David Bender)
"E-Commerce Law: Competition and Antitrust Challenges", National Legal Education Conference, Law Education Institute, January 5, 2002, Steamboat, CO
Co-author, "Yesterday's Deals", Legal Times, December 15, 2003 (with David A. Balto)
"Collaborative Marketing with Competitors: Joint Venture Analysis", PLI Advanced Antitrust Seminar, January/February 2003, San Francisco, CA/New York, NY