Fenton, Kathryn M.

Current Employment Position(s)

Partner

Lawyer Overview

Kathy Fenton represents clients in a broad range of industries, advising on merger reviews, defending government investigations, and counseling on complex business transactions.

Representative clients include Airlines Reporting Corporation, Bayer, CBS, Chevron, DirecTV, Liberty Media, Procter & Gamble, Reynolds American, SABMiller, and Sirius XM.

Kathy served as chair of the American Bar Association Section of Antitrust Law in 2007-2008. She previously served the Antitrust Section as committee officer, secretary, publications officer, council member, and editorial chair of the Antitrust Law Journal. She is a Fellow of the American Bar Foundation. Kathy also is a member of the District of Columbia Bar Association, where she has served as a member and chair of the Rules of Professional Conduct Review Committee and of the Legal Ethics Committee. She is a frequent lecturer and author on antitrust and competition issues.

Areas of Practice

• Antitrust & Competition Law
• Energy
• Corporate Compliance Programs
• General Antitrust Counseling
• Antitrust Mergers/Joint Ventures
• Antitrust Litigation
• Airlines & Aviation
• Energy Antitrust
• Energy/Utilities

Representative Cases

• Air Canada defends antitrust class action involving travel agent commissions , (2009)
• Airlines Reporting Corp. defends litigation relating to license agreement obligations , (2009)
• Airlines Reporting Corp. settles long-running antitrust litigation over "hidden-city" and "back-to-back" ticketing , (2009)
• Airlines Reporting Corp. wins summary judgment in "hidden-city" ticketing antitrust litigation , (2009)
• Ameren acquires CILCORP for $1.35 billion
• Ameren receives antitrust and regulatory approvals for Illinois Power acquisition
• American Greetings acquires Gibson Greetings
• American Tower obtains antitrust clearance for several acquisitions
• AOL secures antitrust clearance for merger with Time Warner
• Bayer obtains antitrust clearance for MEDRAD affiliate to acquire Possis Medical , (2009)
• CBS secures DOJ approval for Viacom transaction
• CBS's acquisition of American Radio Systems clears DOJ review
• CBS's acquisition of Infinity Broadcasting cleared by DOJ
• Central & South West obtains regulatory and antitrust clearance for $12.3 billion merger with AEP
• Chevron wins antitrust clearance for its acquisition of Unocal
• Galileo International acquired by Cendant for $3.4 billion
• GM's sale of Hughes Electronics/DirecTV cleared by antitrust authorities
• Liberty Media cleared by DOJ to acquire DirecTV from NewsCorp
• Liberty Media obtains antitrust approval to sell The Box cable music-video service to Viacom
• Liberty Media obtains antitrust clearance for acquisition of AEI music service
• Marshfield Clinic secures FTC approval for acquisition of Wausau Medical Center
• Micron Technology forms IM Flash Singapore, a joint venture with Intel Corporation in Singapore , (2009)
• Micron Technology forms IM Flash Technologies, a $5.2 billion joint venture with Intel Corporation , (2009)
• Micron Technology forms MeiYa Technology Corporation, a joint venture with Nanya Technology Corporation , (2009)
• Neoware acquired by Hewlett-Packard
• OM Group acquires EaglePicher Technologies from EaglePicher Corporation for $171.9 million , (2009)
• Procter & Gamble secures regulatory approvals worldwide for Gillette acquisition
• Procter & Gamble's acquisition of Wella approved by DOJ
• Procter & Gamble divests its Folgers coffee business for $3.3 billion , (2009)
• Quigo Technologies is acquired by AOL
• R.H. Donnelley acquires Dex Media
• R.J. Reynolds and other cigarette companies defend federal and state price fixing class actions
• R.J. Reynolds defends Pennsylvania antitrust challenge to Master Settlement Agreement resolving smoking and health lawsuits
• R.J. Reynolds Tobacco combines with BAT's Brown & Williamson to form Reynolds American , (2009)
• RMC's acquisition by Cemex receives antitrust approval
• Roadway Corporation acquired by Yellow Corporation
• S.C. Johnson Commercial Markets acquires DiverseyLever for $1.6 billion , (2009)
• SABMiller wins antitrust approval for MillerCoors joint venture
• SunPower acquires PowerLight for $332 million
• TCI acquisition by AT&T receives DOJ approval
• TCI obtains antitrust clearance for acquisition of TBS by Time Warner
• Transaction Systems Architects acquires P&H Solutions for $150 million
• TV Guide's merger with Gemstar approved by DOJ
• Unicom Corporation merges with PECO Energy
• XM receives antitrust clearance for $13 billion merger with SIRIUS

West Practice Categories

Antitrust & Trade Regulation, Antitrust Law, Business & Commercial Law, Business Organizations, Complex Litigation, Deceptive Trade Practices, International Antitrust, Litigation & Appeals, Mergers, Acquisitions & Divestitures, Mergers, Acquisitions & Divestitures, Mergers, Acquisitions & Divestitures, RICO Act, Trade Regulation, Unfair Competition

Bar Admissions

• District of Columbia

Education

• Fairfield University
• Georgetown University

Published Works

• Antitrust Alert: U.S. DOJ Seeks New Disgorgement Remedy in Civil Antitrust Case, 2010
• Antitrust Alert: U.S. Sentencing Commission Requests Comment on Credit For Compliance Program Even When "High Level" Personnel Participated in Unlawful Conduct, 2010
• Antitrust Alert: DOJ Imposes Civil Penalties for Premerger "Gun Jumping", 2010
• Antitrust Alert: Third Circuit Provides Important Clarification on "Competing Purchasers" for Robinson-Patman Act Price Discrimination Claim, 2010
• Antitrust Alert: DOJ AAG Varney Provides Guidance on Vertical Price Fixing/Resale Price Maintenance (RPM), 2009
• Antitrust Alert: DOJ/FTC to Review U.S. Horizontal Merger Guidelines, 2009
• Introduction: Symposium on Remedies for Dominant Firm Misconduct, 76 Antitrust L.J. 1, 2009
• The Rules of Professional Conduct Are Not Aspirational": Joint Representation of Corporations and Their Employees, Antitrust Source, 2009
• Antitrust Alert: Recent Developments Highlight Need for Continuing Caution in Implementing Minimum Resale Price Maintenance Programs Post-Leegin, 2009
• Antitrust Alert: U.S. Supreme Court Rejects Price Squeeze Claim in Pacific Bell v. linkLine, 2009
• US Supreme Court to press price squeeze issues, IBA Competition Law International, p. 46 (This article was first published in the February 2009 issue of Competition Law International and is reproduced here with kind permission of the International Bar Association, London, UK ©), 2009
• Required Reading for the New Administration, Antitrust Source, 2008
• Roundtable Discussion: Advice for the New Administration (Chair's Showcase Program, ABA Section of Antitrust Law Spring Meeting, March 27, 2008), Antitrust Magazine, 2008
• Roundtable Conference with Enforcement Officials, Antitrust Source, 2008
• Ethical Considerations in Settling Antitrust and Consumer Protection Disputes, The Antitrust Source, 2007
• Antitrust and the 2005 Supreme Court Term, 2005
• GM/Toyota:Twenty Years Later, The Antitrust Law Journal, No. 3, 2005
• Antitrust Compliance 101: The Bugle Sounds For Corporate Counsel, The Metropolitan Corporate Counsel, 2004
• New Antitrust Amendments May Have Significant Impact, 2004
• Ethical Implications of Lawyer Participation in Undercover Investigations and Other Covert Activities, Antitrust Magazine, 2003
• Inadvertent Disclosure of Privilege Materials to Opposing Counsel, Antitrust Magazine, 1999
• Antitrust Counseling on Group Buying Issues, Antitrust Magazine, 1998
• Legal Ethics and the Internet, Antitrust Magazine, 1997

Address

51 Louisiana Avenue, N.W.
Washington, DC 20001-2113

Phones

1.202.879.3746 (Business Phone)

Faxes

1.202.626.1700 (Business Fax)

Emails

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Websites

http://www.jonesday.com