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Vertical Antitrust – Deals, Platforms, and Other Foreclosure Based Theories

Cozen O'Connor


Many antitrust matters currently being investigated or litigated have a vertical aspect to them, in which the parties are alleged to be at different levels in the distribution chain. Such dealings can often be associated with procompetitive efficiencies, but the agencies or private parties may still assert that the accused conduct results in harm to competition. Such theories have been asserted in vertical mergers such as Illumina-Grail, platform cases involving Big Tech, or agreements that allegedly foreclose a substantial portion of a relevant market to competitors. Most recently, President Biden’s executive order suggested that both the horizontal and vertical merger guidelines should be re-assessed and identified industries in which the Administration believes antitrust enforcement is needed. Several proposed pieces of legislation (Federal and State) seek to amend the burden companies need to meet to illustrate that a deal or practice is procompetitive. Join us for this webinar, and we will review the current state of play and suggest efficient ways for your company to prepare for an active antitrust era.


David Reichenberg
Co-Chair, Antitrust Practice
Cozen O’Connor P.C.




David Reichenberg is Co-Chair of Cozen O’Connor’s Antitrust practice and is based in New York City. He frequently litigates and advises Fortune 500 companies on antitrust matters, including the successful representation of companies such as Netflix, Twitter, Caesars Entertainment, Arista Networks, and other industry leaders. David’s defense of Netflix in a class action and his prosecution of a monopolization claim on behalf of Arista against Cisco Systems were both awarded the antitrust matters of the year by the Global Competition Review. David was named to Global Competition Review’s “40 Under 40” quadrennial list, which recognizes the top antitrust lawyers in the world under 40. David is also a regular contributor to Forbes and its Leadership Strategy Section for business executives.

Kellie Marie Kemp  
Senior Counsel, Global Competition & Litigation
Uber Technologies, Inc.



Kellie Marie Kemp is Senior Counsel, Global Competition & Litigation at Uber Technologies, Inc. She advises on the gamut of antitrust law matters, including mergers & acquisitions, litigation, ordinary course conduct, compliance and advocacy. Previously, Kellie was a senior associate with Wilson Sonsini Goodrich & Rosati’s antitrust group.

Jennifer McAlpin
Associate General Counsel



Jennifer McAlpin is Associate General Counsel at Verizon advising on all aspects of antitrust law, including transactions, litigation, compliance, and policy, as it relates to Verizon's many businesses, and represents the company before various antitrust enforcement agencies. In addition to representing pro bono clients on immigration matters, Jennifer serves on the board of Woodley House, a D.C. non-profit dedicated to serving people with mental health disorders. She holds a law degree from George Mason University's Antonin Scalia Law School and completed her undergraduate studies at the State University of New York, Binghamton. 

Misha Vanyo
Chief Competition Counsel
Marsh McLennan



Misha Vanyo is Chief Competition Counsel for Marsh McLennan globally, as well as Chief Counsel for Marsh Specialty and Chief Counsel for Marsh Global Placement.  In these roles, he is responsible for handling competition-related inquiries and investigations, including merger clearances, developing antitrust policies and protocols, negotiating contracts with major trading partners, and providing strategic advice to two of Marsh’s core business units.  Before MMC, Misha was a Trial Attorney at the DOJ’s Antitrust Division, working in the New York Office.  There he primarily handled antitrust and other white collar criminal matters.  Early in his career, Misha was an associate at Simpson Thacher & Bartlett and O’Melveny & Myers, and he cleared for the Honorable Robert W. Sweet in the Southern District of New York.


14 September 2021
17:00 - 18:00 UTC
60 min