Related services and key industries
Amanda Wait, a former Federal Trade Commission (FTC) lawyer, is an experienced and versatile antitrust professional with experience in multiple industries. She advises deal makers and litigants and combines her in-depth knowledge of agency practice with a business-focused approach to getting deals done.
Amanda is particularly adept at shepherding companies through the intricacies involved in presenting their case before the FTC, DOJ and state attorneys general. Amanda skillfully guides clients through the gamut of issues that may arise under FTC, DOJ and state antitrust and consumer protection investigations, litigation, and enforcement actions. She has written and spoken extensively based on her experience representing parties and witnesses in dozens of antitrust investigations and litigation.
A frequent speaker on antitrust topics, Amanda is regularly sought after by major media outlets such as the Wall Street Journal, Bloomberg, National Public Radio, and Associated Press to provide analysis of significant mergers.
Amanda's impressive legal acumen is only matched by her commitment to community service. She is co-founder of The Grapevine, the first networking platform established for professional women in the Washington, DC area who practice in the competition and consumer protection arenas; mentors up-and-coming lawyers through the American Bar Association's Antitrust Section; and supports the Kautz-Uible Fund at the University of Cincinnati by serving on its board of trustees.
Amanda is also steadfastly committed to pro bono work. Among other matters, she applied her passion for running in representing Run To Honor, a group that honors alumni of the US Naval Academy who gave their lives in service to our country.
JD, William & Mary Law School, Associate Articles Editor, William & Mary Law Review, Articles Editor, Environmental Law & Policy Review, 2004
BA, University of Cincinnati, summa cum laude, Phi Beta Kappa, 2000
- District of Columbia Bar
- Virginia State Bar
Amanda regularly represents merging parties before the US antitrust enforcers, including:
- A market participant in the FTC investigation and litigation into Tronox's proposed acquisition of Cristal USA.
- A major energy company in the FTC investigation into Par Petroleum Corporation's proposed acquisition of Mid-Pac Petroleum.
- 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. Amanda's global team obtained clearance during the initial review periods by all reviewing jurisdictions.
- Duke Energy Corporation in a DOJ investigation into alleged premature exercise of control (aka "gun jumping").
- An international retailer in obtaining premerger clearance in a strategic acquisition to expand product offerings into adjacent product and service areas in a deal valued in excess of $500 million. Amanda's team obtained clearance during the initial HSR waiting period.
- A national home improvement retailer in multiple strategic acquisitions before the FTC. All investigations have been cleared without divestitures or other remedies.
- A major energy company before the FTC in multiple strategic refining divestiture transactions. Obtained early termination of the HSR waiting period in each to enable client to move forward with extensive integration process relating to the sale.
- 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 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 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.
- Universal Music Group before the FTC in its US$1.9 billion acquisition of the recorded music business of EMI Music. After a second request and an extensive investigation, the FTC voted 5-0 to close its investigation without requiring divestitures or other remedies.
- Delta Air Lines before the DOJ in its successful acquisition of Northwest Airlines. Following a second request and extensive investigation, the DOJ closed its investigation without requiring any divestitures or other remedies.
- A federally regulated financial institution in a DOJ merger investigation. The DOJ closed its investigation, allowing the transaction to close without remedy or other action.
Amanda 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:
- The sole customer of two merging parties in 18-month long investigations by the Federal Trade Commission and Canadian Competition Commission.
- A purchaser in FTC investigation and litigation regarding the proposed acquisition of US Foods by Sysco.
- A group of downstream purchasers before the DOJ resulting in a decision not to clear the proposed merger of BHP Billiton and Rio Tinto. The global opposition to BHP Billiton/Rio Tinto joint venture won Global Competition Review's Award for "M&A Transaction of the Year—Asia-Pacific, Middle East and Africa."
Amanda's antitrust and complex litigation experience includes representing:
- A physician association in litigation involving contract, tort, and antitrust claims relating to a hospital joint venture.
- A healthcare products manufacturer in a multidistrict class action litigation involving allegations of price fixing.
- As trial counsel, a global high technology company in patent infringement case; case went to full trial on the merits on antitrust counterclaims.
- As trial counsel, a national retail and casino development company in commercial litigation resulting in favorable settlement on the eve of trial.
- Chambers USA, District of Columbia: Antitrust, Chambers and Partners, 2019
- Recognized as a Future Leader for Competition Law, Who's Who Legal, 2018-2019
- PACEsetter Award, Carl H. Lindner College of Business, University of Cincinnati, 2017
- Named to "40 Under 40 Hot List" by Benchmark Litigation, 2016-2018
- Listed as a Future Star in Virginia, Benchmark Litigation, 2017-2019
- Washington, DC Rising Star, Antitrust Litigation, Mergers & Acquisitions, Thomson Reuters, 2014-2019
- Official Commendation for Meritorious Service, Federal Trade Commission, November 2007
- Co-author with Gerald Stein, "Concessions by Sprint and T-Mobile Drive FCC Approval but May Not Satisfy Enforcers," The National Law Journal, May 31, 2019
- Co-author with Andrew Eklund, "Assistant attorney general suggests expanding scope of antitrust enforcement," International Law Office, May 2019
- Co-author with Andrew Eklund, "Strategies to avoid lengthy pre-merger reviews," International Law Office, April 2019
- Co-author with Mark Angland, "FTC Consent Orders with Firewalls," prepared in connection with American Bar Association, Section of Antitrust Law, 67th Annual Spring Meeting, March 27, 2019
- Co-author with Andrew Eklund, "Nothing to See Here, Clearing the Deal in the Initial HSR Waiting Period," The Antitrust Source, February 2019
- Co-author, "Optimizing Antitrust Coverage in Private Company D&O Policies," Marsh Insights, December 2018
- Co-author, "Reinvigorated Antitrust Enforcement: Lessons for Non-Party Witnesses from Recent Merger Litigation," The Antitrust Source, October 2016
- Editor, "Transportation Antitrust Handbook", American Bar Association, 2014
- Co-author, "Analysis of Changes in Bargaining Power in DOJ/FCC Review of Comcast/Time Warner," Competition Policy International Antitrust Chronicle, April 2014
- Author, "Summary of Section of Antitrust Symposium The Evolution and Direction of Antitrust in the Energy Industry: 100 Years Since Standard Oil," ABA: Transportation, Energy & Antitrust, Fall 2011
- Author, "Competitor Information Exchanges: Practical Advice from FTC Consent Decrees," submission to American Bar Association, Section of Antitrust Law, Competition and Consumer Protection Issues in the Energy Industry Conference), May 2011
- Author, "The New Bureau of Consumer Financial Protection - An Overview," The Antitrust Counselor, Vol. 4.5, September 2010
- Editor, TechTalk, The Newsletter of the ABA Section of Antitrust Law's Technology Resources Committee, 2009
- Co-author, Monopolization, 49th Annual Antitrust Law Institute, Vol. 1, at 213, 2008
- Author, "The 2006 FTC and Antitrust Division Merger Review Reforms," The Threshold, Spring 2007
- Keynote speaker, Real World Economics, Department of Economics Awards Banquet, University of Cincinnati, April 2019
- Panelist, Information Exchange Couseling in the Digital Age, American Bar Association, Antitrust Law Spring Meeting, March 2019
- Panelist, Capitol Forum's Fifth Annual Tech, Media, & Telecom Competition Conference, December 2018
- Panelist, Antitrust/M&A Environment for Healthcare, Credit Suisse Health Insurance Symposium, September 26, 2018
- Panelist, Economic Analysis of Partial Acquisitions and JVs, ABA Section of Antitrust Law, June 26, 2018
- Panelist, 2018 Hal White Antitrust Conference, Washington, DC, June 11, 2018
- Speaker, Women In Antitrust Deal Work: San Francisco, ABA Section of Antitrust Law, February 8, 2018
- Speaker, Optimizing Your Networking Opportunities, The Grapevine and ABA Section of Antitrust Law, November 13, 2017
- Speaker, Women in Antitrust Deal Work, ABA Section of Antitrust Law, November 9, 2017
- Speaker, Careers in Economics: Opportunities and Challenges for Women, Carl H. Lindner College of Business, University of Cincinnati, October 26, 2017
- Chair/Speaker, Representing Non-Party Witnesses in Merger Investigations and Litigation, 65th Antitrust Law Spring Meeting, March 29-31, 2017
- Speaker, Monthly Consumer Protection Update, ABA Section of Antitrust Law, December 9, 2015
- Panelist, Be the Boss: Making it Rain, ABA Section of Antitrust Law, November 9, 2015
- Moderator, Opening Keynote: Regulatory Update, Women, Influence, and Power in Law Conference, October 29, 2015
- Panelist, Successful Women in Law Acknowledge the Networks that Got Them Here, Women, Influence, and Power in Law Conference, October 28, 2015
- Panelist, Robinson-Patman Litigation Returns! Or Does It?, Committee Program, ABA Section of Antitrust Law, March 16, 2015
- Panelist, Joint Ventures: The Fundamentals, Committee Program, ABA Section of Antitrust Law, November 20, 2014
- Panelist, (Still) An Unfortunate Shortcut: The Use of Market Share in Critical Diversion Analyses, NERA's 33rd Antitrust & Trade Regulation Seminar, July 4, 2014
- Panelist, Meet the New Deputy Assistant Attorney General for Economics, Economics Committee Program, ABA Section of Antitrust Law, October 2013
- Moderator, Rental Cars and Relevant Markets: The FTC's Review of Hertz/Dollar Thrifty, Committee Program, ABA Section of Antitrust Law, 2013
- Moderator, Are Gasoline Price Spikes Actually Procompetitive?, Committee Program, ABA Section of Antitrust Law, 2012
- Faculty, Antitrust and Competition Protection Issues in the Energy Industry Conference, May 2011
- Panelist, Careers in Law, William & Mary School of Law, June 2010
- Guest Lecturer, Defining the Relevant Product Market: FTC v. Whole Foods, College of William & Mary School of Law, January 2009 and February 2010
- Panelist, Legal Ethics and Antitrust Issues, The Association of Oil Pipelines 2008 Annual Business Conference, Austin, TX, September 2008
- Member of the MLex Advisory Board, 2018- present
- Board of Trustees, Kautz-Uible Institute, Department of Economics, Carl H. Lindner College of Business, University of Cincinnati (2016-present; founded Women in Economics Initiative)
- Co-Founder, The Grapevine, 2010-present
- Section Leadership, Section of Antitrust Law, American Bar Association, 2007 - Present (various positions; currently serve as member of Section Council)
Publication | May 2019
Publication | February 2019