Noah A. Brumfield
Noah is a partner in our Global Competition Practice Group. He counsels clients with respect to all issues arising under US federal and state antitrust and competition laws. He focuses on the intersections of antitrust and intellectual property and industry-specific regulation.
Noah advises clients on complex antitrust issues, representing them at trial and in merger and non-merger investigations by competition enforcement agencies around the world. His experience includes the representation of both defendants and plaintiffs in complex litigation. On the merger side, Noah has successfully defended over a hundred M&A and joint venture transactions before various antitrust agencies. Noah also actively counsels on domestic and international antitrust issues raised by other competitor collaborations, patent settlements/Hatch-Waxman, IP licensing and patent pools, standards setting, pricing and distribution agreements (including Robinson Patman Act) and interlocking director issues (Section 8 of the Clayton Act in corporate proxy fights).
Noah's clients have included companies providing computer and telecommunications hardware and software, semiconductors, chemicals, oil and gas, and retail services and other consumer and industrial products. He has represented clients operating in sector-regulated industries including financial networks and services, healthcare medical devices, pharmaceuticals and biotechnology, cable television, gaming and transportation.
Noah is a prolific author and speaker on a broad range of topics relating to competition laws, and contributes to American Bar Association (ABA) publications and commentary.
Noah has represented Grupo Bimbo in numerous deals, including its US$1.6 billion acquisition of Canada Bread, and its US$949 million acquisition of Sara Lee Corp.'s North American bakery business, a transaction that was named a 2011 "M&A Deal of the Year" by The Deal magazine.
Noah represented Comex in the sale of its US and Canadian architectural paint and coatings business to Sherwin-Williams.
Noah advised Mexichem SAB de CV, a major Mexican chemical producer, in numerous deals, including its US$630 million acquisition of Dura-Line, its acquisition of PolyOne's specialty PVC resin business, and of the AlphaGary Plastic compounding business.
Noah represented Hess Corporation, a leading global independent energy company, in the US$850 million sale of terminals along the US East Coast and St. Lucia.
Noah successfully represented Fisher Communications in its sale to Sinclair Broadcasting of 23 TV and radio stations in the Western US.
Pilot Travel Centers
Noah successfully represented Pilot Travel Center on its acquisition of Flying J, creating the largest travel plaza operator in the US. The deal was recognized as one of "The Most Innovative M&A Transactions in the US in 2010" by the Financial Times and named "Turnaround Deal of the Year (Large Market)" and "Divestiture Deal of the Year" for 2010 by The M&A Advisor.
Defending against antitrust claim arising from cybersecurity industry standard-setting in the Northern District of California.
Representing leading radio manufacturer in antitrust monopolization claims against Motorola Solutions in the Northern District of Illinois.
Defending against monopolization claims for alleged anticompetitive innovation in civil class action in the District of Massachusetts.
Defeated, on summary judgment, a novel "product hopping" claim raised in a monopolization suit by a competing pharmaceutical company.
Defeated a competitor monopolization claim on behalf of a leading electronics manufacture in the Central District of California, in a claim involving USB standards–setting.
Noah successfully represented Shionogi in defeating Sherman Act "sham exception" counterclaims to a patent infringement suit in a first-of-its kind ruling under FRE502.
Defeat of an Application for a Temporary Restraining Order and Preliminary Injunctive Relief in a federal antitrust suit alleging a refusal to deal, monopoly leveraging, essential facility and other claims against Ellie Mae.
Defeat of antitrust Handgards claims challenging patent licenses in 'Pollard Banknote Ltd. Partnership v. Scientific Games International.'
Noah successfully asserted a sham litigation unfair competition claim against a patent troll to offensively counter patent litigation brought in the Eastern District of Virginia.
Representation of Stolt-Nielsen in the landmark dismissal of a criminal indictment, enforcing an amnesty agreement revoked by the Department of Justice.
Jury trial and dismissal of antitrust claims in 'Marco Island Cable v. Comcast Cablevision of the South.'
"Antitrust in Asia: ASEAN, China, Hong Kong... ", 18 May 2018: Antitrust in Asia Conference, Hong Kong
"Emerging antitrust issues in high tech", 25 May 2018: GCR Live 2nd Annual IP and Antitrust, Berkeley
"Leniency, Transparency and Procedural Rules in Competition Law Enforcement in Asia" , 25 April 2016: Singapore, Panelist
"US Competition Enforcement and Airline Industry Considerations" , 28 April 2016: International Aviation Competition Seminar, Beijing, Speaker
"U.S. Antitrust Trends in Merger Control", 9 February 2016: AFRA, Paris, France, Speaker
"Panel II – The United States Department of Justice" , 26 January 2016: The Heritage Foundation, Washington, DC
"US Antitrust for 2015 and Beyond", 6 and 8 May 2015: Spring Symposium for Taiwan Technology Companies, Taipei and Hsinchu, Taiwan, Speaker
"Competition and Innovation: Antitrust Challenges to Product Lifecycle Decisions", 5 March 2015: Association of Corporate Counsel, San Francisco, Speaker
"Troubles Abroad" , 10 April 2014: 3rd Annual Institute for Advanced Corporate Counsel (iACC), San Francisco, CA, Presenter
"US Competition Law, Current Developments", 14 November 2013: Taiwan Fair Trade Commission Competition Policy Information and Research Center, Taipei, Taiwan, Speaker
"International Antitrust: Cartel and M&A Developments in the US, Europe and China", 13 June 2012, Hsinchu, Taiwan and 15 June 2012, Taipei, Taiwan: 2012 Symposium on International Legal Strategies for Taiwan Technology Companies: A Focus on Intellectual Property and Antitrust Issues, Presenter
"Recent Developments in US Criminal Antitrust Matters, Including the Prosecution of Asian Companies and Executives in Cartel Cases", 03 June 2010, Hsinchu, Taiwan and 04 June 2010, Taipei, Taiwan: 2010 Symposium on International Intellectual Property Strategies for Taiwanese High-Tech Companies, Presenter
"Antitrust Claims in Patent Litigation", 05 and 06 May 2010: Association of Corporate Counsel, Palo Alto and San Francisco, CA, Speaker, with Bijal V. Vakil
"Don't Squeeze Me So Hard!: Abuse and Joint Abuse of Dominance", 03 February 2010: Competition Law & Policy Forum, Toronto, Panelist
"Dawn Raids & Cartel Investigations", 24 February 2009: Anti-Monopoly & Competition Law Forum, Hong Kong, Panelist
Insight: Rare Court Decision Clarifies U.S. Merger Control Rules for Vertical Deals, Bloomberg Law, 14 August 2018
One Hundred Years of Practice Before the Federal Trade Commission from A Lawyers’ Perspective, Kosei Torihiki, 2014, (Co-author, with Andrew Mann, Seiji Niwa, and Takako Onoki)
Blocked Shipping Alliance Reveals Modest Improvement in Chinese Antitrust Review Transparency, Washington Legal Foundation, Legal Backgrounder, August 2014, (Co-author, with Yi Ying)
A Look at 1st M&A Deals Under China’s New Review Process, Law360, 08 August 2014, (Co-author, with Alex Zhang, Yi Ying and Lucy Xu)
Joint Comments of the ABA Sections of Antitrust Law and International Law on the Canadian Competition Bureau's Draft, Enforcement Guidelines For Price Maintenance, June 2014, Contributor
Navigating the Ethical Rules of the Road in Litigation Class Actions: A Virtual Panel Discussion, Compliance and Ethics Spotlight, March 2013
Revised Horizontal Merger Guidelines, One Year In, The Deal Magazine, April 2012 , (co-author, with Anna Kertesz)
Antitrust Scrutiny of IP Licensing in Competitor Collaborations, IT, Internet and Outsourcing Bulletin, April 2010, (co-author, with Kenneth Maikish)
Antitrust Enforcement and Intellectual Property In the Obama Administration, Corporate Counseling Report, Summer 2009
The Future of the FTC, Law360, March 2009
FTC v. Whole Foods, Worldwide Merger Notification Requirements, 2009
Joint Comments of the ABA Sections of Antitrust Law and International Law on the United Kingdom's Draft, Guidelines on Application of Divestiture Remedies in Merger Inquiries, August 2008, Contributor
Joint Comments of the ABA Sections of Antitrust Law and International Law on the European Commission's Draft, Guidelines on the Assessment of Non-Horizontal Mergers, May 2007, Contributor
"Antitrust and International Commerce" Chapter, Antitrust Law Developments, 6th edition, Spring 2007, Contributor
Named in the 2015, 2014 and 2013 editions of Washington DC Super Lawyers for Antitrust.
Rising Star 2012: Competition, Law360
Top Washington Lawyer: Young Gun 2008, Washington Business Journal