Partner in Akin’s antitrust/competition practice.
Represents clients before the DOJ Antitrust Division and the FTC in merger and non-merger antitrust investigations.
Leads the firm’s HSR premerger filing practice.

Brian focuses his practice on representing a broad array of clients in merger and non-merger antitrust investigations. He is a former Department of Justice (DOJ) Antitrust Division attorney who represents clients before the DOJ and the Federal Trade Commission (FTC). A go-to lawyer for clients facing antitrust agency scrutiny, Brian has substantial experience guiding clients through challenging merger investigations.

Brian leads Akin’s Hart-Scott-Rodino (HSR) premerger filing practice, including advising on HSR reportability issues and preparing and submitting HSR filings. He also routinely advises on antitrust compliance issues, such as interlocking directorates, information exchanges, distribution and franchising, monopolistic conduct and joint ventures (JVs).

With clients across industries, Brian advises companies and investors in energy (including oil & gas and renewables), health care & life sciences, manufacturing, consumer products, chemicals, airlines, technology, media and entertainment, semiconductors and various other industries.

In addition, Brian defends companies in litigated merger challenges brought by the government. On behalf of key Mattress Firm shareholders, he played critical role in Mattress Firm’s and Tempur Sealy’s successful defense of the FTC’s litigated challenge seeking to block their proposed merger. He also represented chemical producer PeroxyChem in its trial victory against the FTC in its attempt to block the $640 million sale of PeroxyChem to Evonik as well as General Electric in Electrolux/General Electric, Monsanto in Deere/Monsanto and Phoebe Putney hospital in Phoebe Putney/Palmyra Park.

Prior to joining Akin, Brian was an antitrust associate at two other prominent D.C. law firms and began his career as a trial attorney at the DOJ Antitrust Division’s Defense, Industrials and Aerospace Section (DIA).

Representative Work

Represented a group of key shareholders in Mattress Firm in its $4.1 billion merger with Tempur Sealy, which combined the largest mattress manufacturer in the US with the largest mattress retailer. Akin played a critical role in bringing this transaction to completion, both as part of the FTC investigation and in the parties’ successful defense of the FTC’s litigated challenge seeking to block the transaction in federal district court. The combined company is now known as Somnigroup International.
Represented MRC Global, a publicly traded distributor of oil and gas products, in its $1.5 billion sale to DNOW, another major industry distributor, a transaction that combined the two largest distributors serving the oil and gas sector.
Represented major convenience store and gas station chain 7-Eleven in an FTC investigation and litigation in which the FTC sought more than $77 million in civil penalties relating to an alleged failure to comply with a prior FTC consent order in connection with the acquisition of a gas station in St. Petersburg, Florida.
Represented Monumental Sports & Entertainment—owner of the Washington Capitals and Washington Wizards—in the U.S. v. Live Nation antitrust trial, including trial testimony by a Monumental executive.
Represented Diamondback Energy in its $1.6 billion sale of its interest in the EPIC Crude Pipeline, which transports crude from the Permian Basin to the Gulf, to Plains All American.
Represented Enterprise Products Partners in its sale of a 40% undivided interest in the Bahia natural gas liquids pipeline, which transports NGLs from the Permian Basin to fractionation facilities in Mont Belvieu, Texas.
Represented NextEra Energy in its acquisition of Symmetry Energy Solutions, a provider of natural gas to commercial, industrial, and residential customers.
Represented 7-Eleven in its $1 billion acquisition of 204 gas stations in the southwest from Sunoco.

Represented Terran Orbital, a supplier of satellites for commercial and defense applications, in its approximately $450 million sale to defense contractor Lockheed Martin.
Obtained unconditional FTC clearance for the $240 million sale of Kamps Propane, a major west coast propane retailer and distributor, to Superior Plus following an FTC Second Request investigation.
Represented Enterprise Products Partners in its $3.25 billion acquisition of Navitas Midstream, a provider of gas gathering, treatment and processing services in the Midland Basin.
Represented hydrogen peroxide producer PeroxyChem and its parent One Equity Partners in the FTC investigation and subsequent litigation seeking to enjoin the proposed $640 million sale of PeroxyChem to Evonik, another hydrogen peroxide producer. After a two-week trial, a U.S. district court denied the FTC’s request for an injunction and cleared the deal to close.*
Represented General Electric in the DOJ investigation and subsequent litigation seeking to enjoin General Electric’s $3.3 billion sale of its subsidiary, appliance manufacturer GE Appliances, to Electrolux.*
Represented Monsanto in DOJ litigation seeking to block the sale of its subsidiary, Precision Planting, to agricultural equipment producer Deere & Company.*
Represented Phoebe Putney Health System in FTC litigation seeking to unwind the acquisition of Palmyra Park hospital. The defense successfully negotiated a consent decree with the FTC that allowed Phoebe Putney to retain Palmyra Park hospital.*
Represented American Airlines in numerous matters, including antitrust immunity applications in front of the Department of Transportation.*
Routinely advises major private equity firms, hedge funds, multinational corporations, sovereign wealth funds and state owned/funded entities, and high net worth individuals on HSR issues. This includes assessing the HSR reportability of proposed transactions, maintaining the clients’ HSR compliance programs, and preparing and submitting HSR filings.
Regularly represents third parties involved in antitrust agency investigations and litigation, including representing divestiture buyers, key trial witnesses and other interested third parties.

*List includes matters worked on prior to joining Akin.

Represented Terran Orbital, a supplier of satellites for commercial and defense applications, in its approximately $450 million sale to defense contractor Lockheed Martin.
Obtained unconditional FTC clearance for the $240 million sale of Kamps Propane, a major west coast propane retailer and distributor, to Superior Plus following an FTC Second Request investigation.
Represented Enterprise Products Partners in its $3.25 billion acquisition of Navitas Midstream, a provider of gas gathering, treatment and processing services in the Midland Basin.
Represented hydrogen peroxide producer PeroxyChem and its parent One Equity Partners in the FTC investigation and subsequent litigation seeking to enjoin the proposed $640 million sale of PeroxyChem to Evonik, another hydrogen peroxide producer. After a two-week trial, a U.S. district court denied the FTC’s request for an injunction and cleared the deal to close.*
Represented General Electric in the DOJ investigation and subsequent litigation seeking to enjoin General Electric’s $3.3 billion sale of its subsidiary, appliance manufacturer GE Appliances, to Electrolux.*
Represented Monsanto in DOJ litigation seeking to block the sale of its subsidiary, Precision Planting, to agricultural equipment producer Deere & Company.*
Represented Phoebe Putney Health System in FTC litigation seeking to unwind the acquisition of Palmyra Park hospital. The defense successfully negotiated a consent decree with the FTC that allowed Phoebe Putney to retain Palmyra Park hospital.*
Represented American Airlines in numerous matters, including antitrust immunity applications in front of the Department of Transportation.*
Routinely advises major private equity firms, hedge funds, multinational corporations, sovereign wealth funds and state owned/funded entities, and high net worth individuals on HSR issues. This includes assessing the HSR reportability of proposed transactions, maintaining the clients’ HSR compliance programs, and preparing and submitting HSR filings.
Regularly represents third parties involved in antitrust agency investigations and litigation, including representing divestiture buyers, key trial witnesses and other interested third parties.

*List includes matters worked on prior to joining Akin.