Alan D. Rutenberg

Man with glasses, balding head, and wearing a suit and tie, smiling at the camera in a modern corporate law office, representing top lawyers in Chicago.

Partner

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Alan D. Rutenberg

Partner

[email protected]

Washington, D.C. 202.672.5491

Sectors

Practice Areas

Education

Harvard Law School (J.D.,��cum laude, 1994)
- Member of the best team in its Ames Moot Court Competition
Transylvania University (B.A., summa cum laude, 1991)

Alan D. Rutenberg regularly represents clients on a variety of antitrust issues, including those arising in mergers and acquisitions, litigation matters, agency investigations, joint ventures, competitor collaborations, licensing, and other intellectual property matters, pricing practices, distribution matters, and compliance programs. In the antitrust area, he has advised clients in hundreds of mergers and acquisitions matters, ranging from multimillion-dollar to multibillion-dollar transactions and is active in representing clients with regard to both domestic and international antitrust aspects of transactions.

Alan is a member and the former chair of the firm’s national Antitrust & Competition Practice and a member of its Litigation Department.

Alan has represented clients in a wide range of industries, including health care, commercial and industrial products, energy, insurance and financial services, funeral and cemetery services, automotive related products, consumer goods, printing, software, media, food, scrap recycling, electric motors, and pharmaceuticals.

Alan was featured in “Halcyon Days Are Here Again, The Return of Antitrust to M&A, Best Practices of the Best Dealmakers,” published by The M&A Advisor��Ի��Merrill DataSite, 2014.

Representative Experience

Regularly represents clients before the Federal Trade Commission and the Antitrust Division of the Department of Justice on mergers and acquisitions investigations. His experience involves managing every phase of the investigation, including coordinating premerger notification filings, developing white papers and presentations for agency submission, responding to agency “Second Requests,” and negotiating to address agency concerns, including through consent decrees. He represents clients that are parties to agency investigations as well as third party complainants, and third parties subpoenaed by the government.
Litigates antitrust matters, including class action defense and antitrust issues that arise in intellectual property litigation.
Counsels clients on reportability and compliance matters under the Hart-Scott-Rodino Act and international premerger notification regimes and coordinating premerger notification obligations for cross-border transactions.
Represents clients in antitrust civil conduct investigations by the Federal Trade Commission and Antitrust Division of the Department of Justice and criminal investigations by the Antitrust Division of the Department of Justice.
Provides antitrust compliance assistance, including preparing company policy manuals and providing training.

Affiliations

American Bar Association’s Section of Antitrust Law
- Contributor to its publication Antitrust Law Developments (7th ed. 2012)
- Previously served for a number of years (2003-2008) as co-editor-in-chief of its Mergers and Acquisitions Newsletter

Awards and Recognition

Mondaq Thought Leadership Award for Antitrust/Competition Law (Spring 2025)

Presentations and Publications

Co-author, “FTC Proposes Sweeping Changes to Hart-Scott-Rodino Filing Requirements,” �鶹��ý Insights, June 28, 2023
Co-author, “DOJ Withdraws Policy Statements That Defined Limited Safe Harbor for Information Sharing Among Competitors,” �鶹��ý Insights, February 6, 2023
Co-author, “Hart-Scott-Rodino Reporting Thresholds and Filing Fee Structure to Change Significantly,” �鶹��ý Insights, January 26, 2023
Co-author, “FTC Proposes Sweeping Federal Ban on Employee Noncompetes,” Health Care Law Today, January 6, 2023
Co-author, “FTC Releases New Policy Statement on “Unfair Methods of Competition” Enforcement under Section 5 of the FTC Act,” �鶹��ý Legal News Alert: Antitrust, November 17, 2022
Co-author, “One Year of Action Since President Biden’s Executive Order on Competition,” �鶹��ý Legal News Alert: Antitrust, July 27, 2022
Co-author, “Hart-Scott-Rodino Reporting Thresholds to Increase Significantly,” �鶹��ý Legal News Alert: Antitrust, January 24, 2022
Co-author, “President Biden’s Executive Order on Competition Could Mean Broad Changes Across a Range of Industries,” �鶹��ý Legal News Alert: Antitrust, July 14, 2021
Co-author, “Hart-Scott-Rodino Reporting Thresholds Adjust Downward for Just Second Time Ever,” �鶹��ý Legal News Alert: Antitrust, February 2, 2021
Co-author, “M&A Antitrust Considerations” section of “Post-COVID M&A Transactions Guidebook,” Coronavirus Resource Center: Back to Business, October 8, 2020
Co-author, “FTC and DOJ Issue Final Vertical Merger Guidelines,” Manufacturing Industry Advisor,��Health Care Law Today, July 21, 2020
Co-author, “Three Ways Antitrust Enforcement Has Changed Under Coronavirus, and One Way it Has Not,” Coronavirus Resource Center: Back to Business, March 26, 2020
Co-author, “FTC and Pennsylvania AG Sue to Block Merger of Philadelphia Healthcare Systems,” Health Care Law Today, March 16, 2020
Co-presenter, “Antitrust Update” for the ABA Antitrust Law Section’s Corporate Counseling Committee, February 24, 2020
Co-author, “Hart-Scott-Rodino Reporting Thresholds to Increase Once Again,” �鶹��ý Legal News Alert: Antitrust, January 29, 2020
Co-author, “FTC and DOJ Issue Draft Vertical Merger Guidelines,” Manufacturing Industry Advisor, January 22, 2020
Co-author, “Hart-Scott-Rodino Reporting Threshold Reaches $90 Million,” �鶹��ý Legal News Alert: Antitrust, March 4, 2019
Co-author, “Hart-Scott-Rodino and Interlocking Directorates Thresholds Rise for 2018,” �鶹��ý Legal News Alert: Antitrust, January 30, 2018
Co-author, “The General Counsel’s Cheat Sheet to the Hart-Scott-Rodino Act,” The M&A Journal, August 2017
Instructor, M&A session, “Antitrust and Competition Laws: Foundations and New Developments,” International Law Institute Seminar, June 14, 2017
Co-author, “EU Antitrust Continuity Potentially Threatened by Brexit,” Dashboard Insights, February 6, 2017
Co-author, “2017 Antitrust Outlook – A Year of Uncertainty,” Dashboard Insights, February 2, 2017
Co-author, “Hart-Scott-Rodino Threshold Crosses $80 Million Mark,” The National Law Review, January 27, 2017
Co-author, “FTC Again Finds Success in High-Profile Hospital Merger Appeal,” The National Law Review, November 2, 2016
Co-author, “FTC Finds Success in High-Profile Hospital Merger Appeal,” The National Law Review, September 29, 2016
Co-author, “Judge Allows Advocate-NorthShore Merger to Proceed; FTC May Appeal,” �鶹��ý Legal News Alert: Antitrust, June 15, 2016
Co-author, “Federal Judge Refuses FTC Request to Block Hershey/Pinnacle Deal; FTC to Appeal,” �鶹��ý Legal News Alert: Antitrust, May 11, 2016
Co-author, “Annual Adjustments to Hart-Scott-Rodino and Interlocking Directorates Thresholds,” �鶹��ý Legal News Alert: Antitrust, January 28, 2016
Co-presenter, “Staying Competitive and Compliant in the EU: 2015 Key Developments on Competition Matters,” �鶹��ý & Lardner Webinar, January 28, 2016
Co-author, “Clarity Put on Hold as FTAIA Conflict/Confusion Continues,” �鶹��ý Legal News Alert: Antitrust, June 22, 2015
Co-author, “Takeaways From the FTC/DOJ Workshop on Health Care Competition,” Health Care Law Today, March 15, 2015
Co-author, book chapter, “The Antitrust Laws and Big Data,” Big Data: A Business and Legal Guide, Taylor & Francis Group, 2014
Co-presenter, ABA Antitrust Section Corporate Counsel Monthly Updates, October 2014
Co-author, “Commission Tightens Rules of Exemption Under the EU De Minimis Safe Harbor,” �鶹��ý Legal News Alert: Antitrust, August 6, 2014
Co-author, “District Court Upholds FTC Hart-Scott-Rodino Rules for Pharmaceutical Patent Transfers,” PharmaPatents blog, June 26, 2014
Co-author, “New FTC Rules for Exclusive Pharmaceutical Patent Licenses,” PharmaPatents blog, November 20, 2013
Co-author, “Timely Merger Clearance Becomes Increasingly Problematic As Complex Rules and Procedures for Required Approvals Spread Around the World,” Bloomberg BNA: Antitrust & Trade Regulation Report™, August 23, 2013
Co-presenter, “Access to Capital: Managing the Antitrust Risks Associated With Mergers and Affiliations,” �鶹��ý & Lardner Webinar, August 15, 2013
Co-author, “Fourth Circuit Hands FTC Win Against State Dental Board,” Bloomberg BNA: Antitrust & Trade Regulation Report™, June 28, 2013
Co-author, “Supreme Court Game Changer: Rule of Reason Applies to ANDA Reverse Payment Settlements,” �鶹��ý Legal News Alert: Antitrust, June 19, 2013
Co-author, “Supreme Court Issues Landmark Ruling in Hospital Merger Case on Scope of Action Immunity,” �鶹��ý Legal News Alert: Antitrust, February 20, 2013
Co-author, “Inside FTC’s New Rules for Investigations,” Competition Law 360, November 9, 2012
Co-author, “Understanding Recent Developments in Hospital Merger Enforcement,” �鶹��ý Legal News Alert: Antitrust, May 9, 2012