Norton Rose Fulbright US LLP
Related services and key industries
Andy Eklund is a member of the firm's antitrust practice group residing in the Washington, DC office. Andy focuses on merger review, Hart-Scott-Rodino Act filings, and government and private investigations. Andy has represented clients in the energy, death services, retail, supermarket, and aerospace and defense industries.
JD, University of California, Hastings College of the Law, 2010
BA, Art (History), Williams College, 2007
- District of Columbia Bar
- Massachusetts State Bar
Andy regularly represents merging parties before the FTC and DOJ, including:
- A transportation industry manufacturer in devising and implementing the strategy to obtain global merger clearance of multi-billion Euro transaction to create the largest global player in the industry. Global team obtained clearance during the initial review periods by all reviewing jurisdictions.
- A global packaging company in the premerger review of a strategic transaction valued in excess of US$1 billion. The transaction was reported in four jurisdictions and also reviewed voluntarily in the UK. The deal cleared in all reviewing jurisdictions after initial advocacy without issuance of Second Request (or equivalent in foreign jurisdictions).
- A national home improvement retailer in multiple strategic acquisitions before the FTC. All investigations have been cleared without divestitures or other remedies.
- One of the world's largest retail supermarket chains in connection with strategic divestitures reviewed by FTC. After a Second Request, the FTC cleared the transaction with divestitures.
- A leading provider of funeral and cemetery services in its US$1.4 billion strategic merger being reviewed by the FTC and several state attorneys general. The reviewing agencies cleared the transaction with divestitures after a Second Request.
Andy works closely with non-party witnesses in FTC and DOJ antitrust investigations and litigation to achieve their strategic objectives to oppose, support or remain neutral regarding a proposed merger while, at the same time, protecting confidential and privileged materials and managing costs. Recent relevant matters include representing:
- A market participant in the FTC investigation and litigation into Tronox's proposed acquisition of Cristal USA.
- A purchaser in the FTC investigation and litigation regarding the proposed acquisition of US Foods by Sysco.
- A major energy company in the FTC investigation into Par Petroleum Corporation's proposed acquisition of Mid-Pac Petroleum.
Andy's antitrust and complex litigation experience includes representing:
- An aerospace company in an antitrust action challenging exclusive dealing agreement.
- A major energy company in a multistate investigation and litigation regarding allegations of fraud, unjust enrichment, and false claims.
- Chief Justice Harry L. Carrico Pro Bono Attorney of the Year Award, Legal Services of Northern Virginia, June 2017
- Rule 6.1 Society for pro bono services, Legal Services of Northern Virginia, June 2017
- Co-author, "FTC and DOJ release 2020 Draft Vertical Merger Guidelines for public comment," Norton Rose Fulbright Legal Update, January 13, 2020
- Author, "FTC and DOJ revise rules on "foreign entities" under Hart-Scott-Rodino Act," Norton Rose Fulbright Legal Update, November 11, 2019
- Co-author with Amanda Wait and Gerald Stein, "Merger Review Takeaways From New Hart-Scott-Rodino Data," Law360, October 4, 2019
- Co-author, "Americas Antitrust Review 2020 - United States: Energy," GCR Insight, Law Business Research, September 20, 2019
- Co-author with Amanda Wait, "Assistant attorney general suggests expanding scope of antitrust enforcement," International Law Office, May 2019
- Co-author with Amanda Wait, "Strategies to avoid lengthy pre-merger reviews," International Law Office, April 2019
- Co-author with Amanda Wait, "Nothing to See Here! Clearing the Deal in the Initial HSR Waiting Period," The Antitrust Source, ABA, February 2019
- Author, "The Eight-Hour Merger: Key Takeaways From The ABA Merger Practice Workshop," The Threshold, ABA, November 2017
- American Bar Association, Section of Antitrust
Publication | May 6, 2020
Publication | January 28, 2020
Publication | January 13, 2020
Publication | November 2019