Bernard (Barry) A. Nigro Jr. is chair of Fried Frank's antitrust department. While resident in the Washington, DC office, he divides his time between the Washington, DC and New York offices. He returned to the Firm as a partner in 2009.
Mr. Nigro's practice is focused on investigations and litigation under federal and state antitrust and unfair competition laws, including private and government litigation and criminal grand jury proceedings. He frequently handles matters relating to the clearance of mergers, acquisitions and joint ventures, deceptive trade practices, advertising, and unfair marketing practices. He also is expert in matters involving the defense industry and in antitrust compliance counseling and training. Mr. Nigro regularly appears before the Federal Trade Commission, the Department of Justice, state attorneys general, and Congressional offices.
In 2003, Mr. Nigro left Fried Frank to join the Federal Trade Commission as Deputy Director for the Bureau of Competition, where he managed the Bureau's merger and anticompetitive practices investigations and litigation. While at the Commission, he supervised and participated in matters involving a variety of industries, including pharmaceuticals, biotechnology, medical devices, healthcare, defense, aerospace, music, tobacco, chemicals, retail, consumer products, food, supermarkets, energy, communications, media, and high technology, among others. He also regularly briefed Congressional offices on antitrust matters. Prior to re-joining Fried Frank, Mr. Nigro was a litigation partner in the Washington, DC office of a leading international law firm.
Mr. Nigro is a frequent speaker and has published numerous articles on a variety of antitrust and competition topics. He serves on the Board of Editors of Antitrust Report, was a Co-Editor of Competition and Public Policy, was a member of the Editorial Advisory Board of Competition Law360, was Co-Editor-in-Chief of the Telecom Antitrust Handbook and author of Resolution Without Litigation in The Merger Review Process.
Honors & Awards
Mr. Nigro is consistently recognized by Chambers USA: America's Leading Lawyers for Business as a leading individual in Antitrust, by Legal 500 in Mergers, Acquisitions and Buyouts: Antitrust and by Who's Who Legal in Competition. He also received a commendation for Superior Service awarded by the Chairman of the Federal Trade Commission.
Professional Associations
Member, George Washington University Law Alumni Association Board of Directors (2012 - present)
Development Committee, St. Alban's School (2011 - present)
Higher Achievement, President's Council (2011 - present)
Section of Antitrust Law Representative, House of Delegates, American Bar Association (2011-2014)
Program Officer, American Bar Association, Section of Antitrust Law (2009-2011)
Member, American Bar Association, Section of Antitrust Law, Competition and Public Policy Task Force (2008-2009)
Council Member, American Bar Association, Section of Antitrust Law (2006-2009)
Chair, American Bar Association, Section of Antitrust Law, Committee Operations Committee (2003-2006)
Chair, American Bar Association, Section of Antitrust Law, Communications Industry Committee (2000-2003)
Chair, American Bar Association, Section of Antitrust Law, Spring Meeting Program (2002)
Member, American Bar Association, Section of Antitrust Law, Federal Trade Commission Task Force (2002)
Program Chair, American Bar Association, Section of Antitrust Law, Spring Meeting (2000-2001)
Member, American Bar Association, Section of Antitrust Law, Skills Training and Programming Task Force (1996-1997)
Member, American Bar Association, Section of Antitrust Law, Committee Restructuring Task Force (1996-1997)
Served in various other roles within the American Bar Association, Section of Antitrust Law
Member, Steering Committee for the Antitrust, Trade Regulation, and Consumer Affairs Section, DC Bar Association (1998-2002)
Clerkships
Mr. Nigro served as a law clerk to the Honorable Charles R. Richey, United States District Court for the District of Columbia (1986-1987).
Publications
Client Memoranda
UK Antitrust Watchdog Investigates Equity Underwriting, August 12, 2010
Authors: Bernard (Barry) A. Nigro Jr., Peter Guryan, Richard C. Park
The Supreme Court Strikes a Blow Against Class Arbitrations, Apr 30, 2010
Authors: Michael B. de Leeuw, Barry A. Nigro, Peter Guryan, Richard C. Park
FTC and DOJ Issue Proposed Guidelines for Joint Ventures, Oct 21, 1999
Authors: Linda R. Blumkin, Bernard A. (Barry) Nigro, Jr., Harvey I. Saferstein
Alerts and Newsletters
The Supreme Court Decides First Antitrust Merger Case in Decades and Clarifies the Scope of State-Action Antitrust Immunity, Feb 21, 2013
Authors: Peter Guryan, Barry Nigro, Damon Kalt
Antitrust Division Reaffirms Commitment to Challenge Employee Non-Solicitation Agreements, Nov 26, 2012
Authors: Barry A. Nigro, Peter Guryan, Alyson Redman
Antitrust Agencies Penalize Activist Investor for HSR Violations, Sep 27, 2012
Authors: Barry A. Nigro, Peter Guryan, Alyson Redman
German Competition Authority Imposes EUR 2.4 Million Fine on Haribo for Illegal Information Exchange, Aug 2, 2012
Authors: Alasdair Balfour, Barry A. Nigro, Tobias Caspary
Travel Industry Faces UK Price-Fixing Fines, Jul 31, 2012
Authors: Alasdair Balfour, Barry A. Nigro, Claire Deeble, Damon Kalt
Price Fixing In Public - FTC Files Noteworthy Collusion and Monopolization Case Against Pipe Fitting Companies, Feb 1, 2012
Authors: Barry A. Nigro, Peter Guryan, Richard C. Park, Michael Lovinger
Agencies Pursued an Aggressive Antitrust Agenda in 2011, Jan 5, 2012
Authors: Barry Nigro, Peter Guryan, Richard Park, Alasdair Balfour
DOJ Orders Financial Services Firm to Disgorge Profits from Derivative Contract, Oct 17, 2011
Authors: Barry Nigro, Maria Cirincione
DOJ Revises Policy Guide to Merger Remedies - Endorses the Use of Behavioral Remedies in Mergers, Jun 21, 2011
Authors: Barry Nigro, Peter Guryan, Richard Park, Damon Kalt
Antitrust Division Brings its First Major Monopolization Case in Twelve Years, Mar 17, 2011
Authors: Peter Guryan, Aleksandr Livshits
Seventh Circuit Outlines Merger Discussion and Due Diligence Safeguards to Protect Against Antitrust Violations, Feb 16, 2011
Authors: Barry Nigro, Aleksandr Livshits
2010 Developments and What to Expect in 2011, Jan 31, 2011
FTC Revises HSR Filing Thresholds, Jan 24, 2011
Authors:
Department of Justice Sues Credit Card Companies - Objects to Nondiscrimination Restrictions, Oct 12, 2010
Authors: Peter Guryan, Barry Nigro, Richard Park
Antitrust Division Challenges Corporate Employee Non-Solicitation Hiring Practices, Sep 30, 2010
Authors: Peter Guryan, Barry Nigro, Richard Park
UK Government Repeals Antitrust Exemption for Land Agreements, Aug 23, 2010
Authors: Bernard (Barry) A. Nigro Jr., Peter Guryan, Richard C. Park
The European Antitrust Update, Summer 2010
The Supreme Court Rules Against the N.F.L. in Highly Anticipated Antitrust Case, May 26, 2010
Authors: Michael B. de Leeuw, Peter Guryan, Barry Nigro, Richard Park
Federal Antitrust Agencies Issue Revised Horizontal Merger Guidelines, Apr 27, 2010
Authors: Peter Guryan, Richard Park, Barry Nigro
Department of Justice Challenges Consummated $5M Merger, Mar 18, 2010
Authors: Barry Nigro, Peter Guryan, Richard Park
Department of Justice Antitrust Division Challenges Pre-Merger Gun Jumping, Jan 28, 2010
Authors: Barry Nigro, Peter Guryan, Richard Park
FTC Revises HSR Filing Thresholds, Jan 20, 2010
Authors: Barry Nigro, Peter Guryan, Richard Park, Alyson Leigh Redman
Joaquín Almunia Nominated as New EU Competition Commissioner, Dec 3, 2009
Authors: Barry Nigro, Peter Guryan, Richard Park, Ianis Girgenson, Tobias Caspary
Recent FTC Report and Nomination of New FTC Commissioners Suggest More Active Antitrust Enforcement, Nov 20, 2009
Authors: Barry Nigro, Peter Guryan, Richard Park, Ianis Girgenson, Tobias Caspary
The European Antitrust Update, Nov 13, 2009
Changes in U.S. Antitrust Enforcement, Oct 19, 2009
Authors: Barry Nigro, Peter Guryan, Richard Park, Ianis Girgenson,Tobias Caspary
Federal Trade Commission Unveils Proposal For Optional Electronic Hart-Scott-Rodino Filings; Fried Frank's Criminal Antitrust Expert Hosts Training Event on Federal Criminal Investigations and Litigation; Senior DOJ & FTC Attorneys Discuss Inner Workings of The Agencies, Apr 3, 2002
Source: Antitrust and Competition Law Alert #12
Articles
DOJ Commitment to Challenging Hiring Practices Continues, Nov 28, 2012
Source: Law360
Authors: Barry Nigro, Peter Guryan and Alyson Redman
Agencies Pursued an Aggressive Antitrust Agenda In 2011, Dec 19, 2011
Source: New York Law Journal
Authors: Barry Nigro, Peter Guryan and Richard Park
Zealous Scrutiny, Mar 16, 2011
Source: Deal Pipeline
Authors: Barry Nigro, Richard Park, Peter Guryan and Damon Kalt
Antitrust Issues Raised By Minority Investments, January 2011
Source: M&A Lawyer
Authors: Barry Nigro, Alasdair Balfour and Damon Kalt
FTC Proposes Amendments to the HSR Act Form, Nov 2, 2010
Source: VCExperts.com
Authors: Alasdair Balfour, Barry Nigro, Peter Guryan, Richard C. Park and Alyson L. Redman
Department of Justice Challenges Consummated $5M Merger, April 2010
Source: M&A Lawyer
Authors: Barry Nigro, Peter Guryan and Richard C. Park
Supreme Court Shortens The Reach Of Antitrust, June 2006
Source: The Metropolitan Corporate Counsel
Authors: Bernard (Barry) A. Nigro, Jr.
Gun Jumping, March 2006
Source: 54th Annual ABA Antitrust Section Spring Meeting
Authors: Bernard (Barry) A. Nigro, Jr.
U.S. Supreme Court Provides Comfort for Joint Ventures, Issue 2, 2006
Source: Antitrust Report
Authors: Bernard (Barry) A. Nigro, Jr.
A Review of the FTC's Merger Enforcement Program, Nov 18, 2004
Source: Section of Antitrust Law Fall Forum: Looking Back and Forward
Authors: Bernard (Barry) A. Nigro, Jr.
Report From the Bureau of Competition, Apr 2, 2004
Source: 52nd Annual ABA Antitrust Section Spring Meeting
Authors: Bernard (Barry) A. Nigro, Jr.
Merger Enforcement Developments on Both Sides of the Atlantic - Is Convergence Happening or a Myth?, Nov 18, 2003
Source: Section of Antitrust Law Fall Forum
Authors: Bernard (Barry) A. Nigro, Jr.
The Effect of Market Conditions on Merger Review -- Distressed Industries, Failing Firms, and Mergers with Bankrupt Companies, Apr 2, 2003
Source: ABA Annual Spring Meeting
Authors: Bernard (Barry) A. Nigro, Jr.
The Viability of Antitrust Suits in Local Telephony Markets: Developments Since Goldwasser v. Ameritech, Winter 2003
Source: Antitrust Report
Authors: Bernard (Barry) A. Nigro, Jr.
News
News Releases
Fried Frank Hosts Second Annual Global Aerospace and Defense Executive Seminar, Nov 9, 2012
Fifty-seven Fried Frank Partners and 25 Practice Areas Recognized by Chambers USA 2012, Jun 8, 2012
Fried Frank Hosts Inaugural Global Aerospace and Defense Executive Seminar, Nov 15, 2011
Fifty-seven Fried Frank Partners and Twenty-four Practice Areas Recognized by Chambers USA 2011, Jun 14, 2011
Fifty-eight Fried Frank Partners and Twenty-nine Practice Areas Recognized by Chambers USA 2010, Jun 11, 2010
The Legal 500 United States 2010 Edition Recognizes Fifty-two Fried Frank Lawyers and Nineteen Practice Areas, Jun 8, 2010
Bernard Nigro Returns to Fried Frank as an Antitrust Partner in the Washington, DC Office, Sep 2, 2009
Barry Nigro, Fried Frank Partner, Appointed Deputy Director of FTC's Bureau of Competition, Jul 14, 2003
Bernard Nigro Joins Fried Frank as Antitrust Partner, Sep 15, 1999
Media Mentions
Financial News quotes Barry Nigro on antitrust risk in M&A deals, Apr 2, 2013
Policy and Regulatory Report quotes Barry Nigro on US Airways' proposed merger with American Airlines, Mar 25, 2013
Barry Nigro quoted by FTC Watch on new FTC Chair Edith Ramirez, Feb 28, 2013
Fried Frank's representation of NetSpend in its US$1.4 billion acquisition by TSYS reported by The Am Law Daily, Feb 20, 2013
Barry Nigro and Steve Epstein selected for Law360's Competition and M&A Editorial Advisory Boards, Feb 11, 2013
Corporate Board Member interviews Barry Nigro on three areas of antitrust risk at the board level, Dec 18, 2012
Barry Nigro speaks to The Wall Street Journal on the FTC's approval of Hertz-Dollar Thrifty merger, Nov 14, 2012
Barry Nigro speaks with The Wall Street Journal about AU Optronics's US$500 million price-fixing fine, Sep 20, 2012
Barry Nigro speaks with Global Competition Review about Criminal Antitrust Anti-Retaliation Act, Aug 2, 2012
Barry Nigro speaks with Deal Pipeline about antitrust aspects of Comcast/NBC Universal merger, Jan 20, 2012
Barry Nigro quoted in The Wall Street Journal about the DOJ's antitrust enforcement agenda, Dec 20, 2011
Barry Nigro speaks with Global Competition Review about DOJ Antitrust Division's injunction against H&R Block merger, Nov 17, 2011
Barry Nigro, Peter Guryan speak with eFinancial News about antitrust enforcement in light of new merger remedies, Sep 12, 2011
Barry Nigro comments on revised merger guidelines in Financial Times, Jun 26, 2011
BNA reports Barry Nigro's participation as moderator of the "Enforcers Roundtable" session at the 59th Annual Spring Meeting of the ABA's Section of Antitrust Law, Apr 6, 2011
Barry Nigro discusses antitrust aspects of AT&T/T-Mobile deal in the Wall Street Journal, Mar 22, 2011
Barry Nigro speaks with Reuters about antitrust regulation and consolidation in the rental car market, Nov 16, 2010
Barry Nigro speaks with Competition Law360 about the impact of the 2010 midterm elections on antitrust enforcement, Nov 3, 2010
Directorship recaps Fried Frank's General Counsel Advisory Council event addressing antitrust issues, Oct 11, 2010
Law360 notes Fried Frank's representation of the American Institute of CPAs in its lawsuit against the FTC, May 28, 2010
Law360 quotes Barry Nigro in article on new antitrust guidelines, Apr 20, 2010
Barry Nigro speaks with Reuters about consolidation and antitrust issues in the energy industry, Feb 22, 2010
Barry Nigro speaks to Bloomberg about increased antitrust enforcement, Dec 17, 2009
Barry Nigro speaks with American Lawyer about increased antitrust scrutiny from the U.S. Antitrust Department, Dec 1, 2009
The Fried Frank team is noted in New York Law Journal's coverage of Northrop Grumman's sale of TASC, Inc to General Atlantic and KKR, Nov 12, 2009
The ABA Journal reports on Fried Frank's role in the AICPA's lawsuit against the Federal Trade Commission, Nov 11, 2009
Barry Nigro featured in Metropolitan Corporate Counsel, Oct 4, 2009
Global Competition Review interviews Barry Nigro on his return to Fried Frank, Sep 2, 2009
Rankings - Chambers
Chambers USA 2012, Jun 7, 2012
Rankings - Legal 500
Legal 500 US 2012, Jun 14, 2012
Events
Past Events
Speaking Engagements
Getting the Deal Done: Solving Today's Global Regulatory Puzzle, May 3, 2012
60th Antitrust Law Spring Meeting, Mar 30, 2012
59th Antitrust Law Spring Meeting, Apr 1, 2011
Antitrust Institute 2011, Jan 20, 2011
Changes in Antitrust (Keynote), May 20, 2010
Breakfast Briefing with the Deputy Assistant Attorneys General (Moderator), Apr 21, 2010
(Also at New York, N.Y. Office)