Christopher E. Ondeck is a partner in Crowell & Moring's Washington, DC office, and vice-chair of the firm's Antitrust Group. He focuses his practice on all aspects of antitrust law, including defending mergers, acquisitions and joint ventures, antitrust litigation and government investigations, and antitrust compliance issues. Mr. Ondeck was recognized by Law360 as one of the ten "rising stars" in antitrust law in 2010.
Chris has handled antitrust matters in a number of industries, including aerospace, agriculture, alcoholic beverages, appliances, associations, building materials, defense, directory publishing, educational publishing, energy, forestry products, medical devices, metals, mining, oil and gas, packaging, pharmaceuticals, software, and telecommunications. He also has developed substantial experience advising clients regarding the application of the antitrust laws to the energy industry, agricultural cooperatives and the requirements of the Capper-Volstead Act, and trade associations.
Representative Litigation Experience:
· Representing an industry association in the steel products antitrust litigation, Standard Iron Works, Inc. v. ArcelorMittal et al. (N.D. Ill.)
· Defending an agriculture company in the potato products antitrust litigation (D. Idaho)
· Defending an agriculture company in In re Processed Egg Products antitrust litigation (E.D. Pa.)
· Representing an agriculture company in an ongoing DOJ antitrust investigation
· Defended Southwestern Bell Advertising against tying and unlawful monopolization claims in Lawter & Associates, PLLC v. Southwestern Bell Advertising L.P., et al. (W.D. Okla.)
· Defended AT&T against predatory pricing, refusal to deal, and essential facility claims in Talk America, Inc., et al. v. AT&T Corp., et al. (D. N.J.)
· Defended Amtrak in a tying and boycott case in Bay State Transit Services, LLC, v. National Railroad Passenger Corporation, et al. (D.D.C)
Representative Merger Experience:
· Represented Reed Elsevier PLC in connection with the divestiture of its Harcourt Assessment business to Pearson PLC
· Represented Reed Elsevier PLC in connection with the divestiture of its Harcourt Education business to Houghton Mifflin Company
· Represented AT&T in the sale of The Berry Company's Independent Line of Business to Local Insight Media
· Represented AT&T in connection with its acquisition of BellSouth Corp.
· Represented SBC Communications in connection with its acquisition of AT&T Corporation
· Represented AT&T in connection with an outsourced telecommunications and network management services agreement with IBM
· Represented Armor Holdings in its acquisition of Michaels of Oregon's law enforcement/security/military equipment business
· Represented RAG Coal in the sale of its U.S. coal business to First Reserve/Blackstone Group
· Represented Schmalbach Lubeca in the sale of its PET packaging and closures business to Amcor
· Represented Diageo in its joint acquisition of Seagram
Agriculture:
Chris has worked with agricultural cooperatives for over a decade, with particular focus on the applicability and requirements of the Capper-Volstead Act's antitrust exemption, as well as other agricultural antitrust immunity statutes. Chris represents cooperatives in litigation, before government agencies, counsels them regarding antitrust compliance and corporate governance issues, and negotiates and structures joint ventures and other commercial arrangements. Chris serves as the Vice-Chair of the Venture Capital, Capital Formation & Cooperative Structures Sub-committee of the National Council of Farmer Cooperatives. Chris also works with a number of rural electric cooperatives on antitrust and energy issues.
Trade Associations:
Chris serves as the outside general counsel to several trade associations, including: the Committee of Chief Risk Officers, the National Association of Nuclear Pharmacies, the Bi-National Softwood Lumber Council, the Cable Fire Research Association, and the Communications Cable & Connectivity Association. He represents trade associations in antitrust litigation, and counsels associations on a wide range of issues including standard-setting activities, certification programs, data-gathering and statistical reporting programs, competition from sub-standard imports, copyright and trademark, employment issues, and corporate governance.
Chris was presented with the Committee of Chief Risk Officers' 2006 Exceptional Service Award, which recognized him for his "extraordinary organizational and legal support for the CCRO."
Energy Industry:
Chris also has significant experience handling antitrust matters in the energy industry, including:
· Defense of a former senior trader at Williams Energy Marketing & Trading on criminal conspiracy and commodities manipulation charge
· Outside counsel to the Committee of Chief Risk Officers, an industry association composed of approximately 30 energy companies representing the majority of natural gas and electricity transactions in the U.S.
· Counsel to the Board of Directors of an energy trading, marketing, and risk management company
· Antitrust counsel for a hydroelectric generation and marketing joint venture formed between U.S. and Canadian energy companies
· Advised Merrill Lynch on antitrust issues for its acquisition of EKT's energy trading business
· Authored filings and comments to the U.S. Federal Energy Regulatory Commission resulting in the issuance of the safe harbor for price reporting created by: FERC Policy Statement on Natural Gas and Electric Price Indices (July 24, 2003), FERC Order on Clarification of Policy Statements on Natural Gas and Electric Price Indices (December 12, 2003), and FERC Order Further Clarifying Policy Statement on Natural Gas and Electric Price Indices (July 6, 2005)
Chris received his B.A. in History from the University of Virginia in 1992, and his J.D. from the University of Virginia School of Law in 1995, where he served as editorial editor for the Virginia Tax Review. He is admitted to practice in Virginia and the District of Columbia.
Affiliations
Memberships
· Antitrust Section of American Bar Association
Currently serves as an Editorial Board member and an author for the forthcoming second edition of the ABA's publication Antitrust Compliance: Perspectives and Resources for Corporate Counselors
· National Council of Farmer Cooperatives; Legal, Tax and Accounting Committee
Vice-Chair of the Venture Capital, Capital Formation & Cooperative Structures sub-committee
Publications
· "Supply Management White Paper: The Capper-Volstead Act Authorizes Farmers Through Their Cooperatives to Agree on Production Levels," (National Council of Farmer Cooperatives) (December 30, 2009). Co-Authors: Christopher E. Ondeck, Timothy C. Carson, and Kathleen M. Clair.
· "Justice Department and Private Plaintiffs Take Aim At Capper-Volstead Act's Protections for Agriculture," BNA's Antitrust & Trade Regulation Report (November 2009). Co-Authors: Christopher E. Ondeck and Kathleen Clair.
· "Back In The Cross Hairs: Consortium deals can raise competition concerns," The Deal Magazine (September 2, 2009). Co-Authors: Christopher E. Ondeck and Shawn R. Johnson.
· "Industry Insight: Parlor Tricks," The Deal (November 6, 2006). Co-Authors: Wm. Randolph Smith, Jeffrey H. Howard and Christopher E. Ondeck.
· "Trade Associations and Other Information Exchange Programmes in the US: What Enforcers Prohibit, What They Require," Global Competition Review of the Americas (October 2006). Co-Authors: Wm. Randolph Smith, Christopher E. Ondeck and Michael G. Van Arsdall.
· "Forming Doctors' Groups: Avoid Antitrust Issues," Washington Business Journal (September 24-30, 1999). Co-Author: Christopher E. Ondeck.
· "The Capper-Volstead Act: Opportunity Today and Tomorrow," American Cooperation (National Council of Farmer Cooperatives) (1998). Co-Author: Christopher E. Ondeck.
Alerts & Newsletters
· "IRS Holds that Trade Association's Common Identifier Program Is Not Subject to UBIT," Trade Associations Alert (February 8, 2011). Contacts: Howard M. Weinman, Jeffrey W. King, Christopher E. Ondeck.
· "IRS Issues Check Sheet for Tax-Exempt Organizations' Governance Practices," Trade Associations Alert (December 21, 2009). Contacts: Jeffrey W. King, Howard M. Weinman, Christopher E. Ondeck.
· "New FTC Settlement with Music Industry Trade Association Provides Important Guidance For Associations That Conduct Industry-Wide Meetings," Antitrust Law Alert (March 4, 2009). Contacts: Robert A. Lipstein, Christopher E. Ondeck.
· "FTC Wins Reversal in Whole Foods," Antitrust Law Alert (July 31, 2008). Contacts: Wm. Randolph Smith, Christopher E. Ondeck, Shawn R. Johnson.
· "Hot Bench For Antitrust Cases," Antitrust Law Alert (December 20, 2006). Contacts: Jeffrey H. Howard, Christopher E. Ondeck, Clifton S. Elgarten.
Speaking Engagements
· "Antitrust Risks for Trade Association Members: Best Practices to Avoid Anticompetitive Conduct Amid Increasing DOJ Scrutiny," Strafford Publications Teleconference (August 13, 2008). Faculty: Christopher E. Ondeck.
· "Antitrust Update," ABA Corporate Counseling Committee (October 11, 2007). Presenters: Wm. Randolph Smith, Kent A. Gardiner, Jeane A. Thomas, Robert Lipstein, Christopher E. Ondeck, Bridget E. Calhoun, Daniel A. Sasse, Werner Berg and Thomas De Meese.
· "U.S. Antitrust Compliance: for European Associations and Their Members," Crowell & Moring Trade Association Activity Seminar, Brussels (November 30, 2006). Presenter: Christopher E. Ondeck.