Rani A. Habash

rani-habash

Rani A. Habash

Partner

Washington, D.C. | 1900 K Street, NW, Washington, DC 20006-1110
+1 202 261 3481 | +1 202 261 3333

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Rani A. Habash advises clients on the antitrust aspects of mergers, acquisitions, and joint ventures. He has helped guide industry-leading companies to successful strategic transactions in the face of intense antitrust scrutiny by the U.S. Department of Justice, U.S. Federal Trade Commission, Senate and House Judiciary Committees, state attorneys general, and international competition authorities.

Using his expertise in economics and significant experience in dealing with antitrust agencies, Mr. Habash has helped clients secure regulatory clearance in numerous high-profile transactions, including deals between American Airlines/US Airways, Albertsons/Safeway, CVS Health/Target Corporation, FMC Corporation/DowDuPont, Medco/Express Scripts, Monster.com/Yahoo! HotJobs, and OfficeMax/Office Depot, among others. In addition, Mr. Habash regularly helps companies further key corporate strategies by providing antitrust counseling on conduct, distribution, government affairs, and public relations issues.

Mr. Habash has held leadership positions in the ABA’s Section of Antitrust Law on the Mergers & Acquisitions, Corporate Counseling, and Membership and Diversity Committees. He also served as the editor of The Antitrust Counselor, an ABA newsletter with practical antitrust guidance for in-house counsel.

Mr. Habash is a frequent author and speaker on cutting-edge antitrust issues. Notably, he has helped develop the Dechert Antitrust Merger Enforcement Timing Tracker (DAMITT), which tracks and reports on U.S. antitrust merger investigation trends. Data from DAMITT has been cited by The Wall Street Journal, Fortune, Time, TheStreet, and many other leading publications.

Experience
  • Acted for US Airways in its successful merger with American Airlines to create a premier global carrier with an equity value of more than US$17 billion after an intense DOJ and congressional review of the transaction.
  • Obtained unconditional clearance for OfficeMax’s merger of equals with Office Depot following an eight-month investigation by the FTC and the Attorneys General of several states. The FTC unanimously voted to close its investigation of the merger of the second and third largest chains of office supply superstores. Similar industry transactions prior to and following this successful transaction were enjoined by the FTC.
  • Guided Albertsons and its parent Cerberus to a settlement with the FTC and several states that enabled the parties to complete the US$9.4 billion acquisition of Safeway in the largest supermarket merger ever by combined store count.
  • Guided Medco Health Solutions, Inc. in obtaining antitrust clearance for its US$34 billion merger with Express Scripts to create the nation’s largest pharmacy benefit manager. The transaction was cleared unconditionally following a rigorous investigation by the FTC, more than 30 State Attorneys General, the Senate Judiciary Committee, and the House Judiciary Committee. In the face of public opposition by more than eighty members of Congress, scores of trade associations and consumer groups, and competitors, Mr. Habash also helped develop political and public relations strategies to guide the merger to success.
  • Advised CVS Caremark in its joint venture with Cardinal Health to create the largest U.S. generic drug sourcing company. 
  • Counseled FMC Corporation on the sale of its Health and Nutrition business to DowDuPont in exchange for portions of DuPont’s global crop protection business, which were divested as a condition of DuPont’s merger with Dow. Mr. Habash helped FMC secure regulatory clearance from the U.S. DOJ, European Commission, Brazil’s Administrative Council for Economic Defense (CADE), and many other international authorities.
  • Obtained a victory in the U.S. Supreme Court on behalf of the Marshall family in the long-running litigation over the claims of Anna Nicole Smith to her former husband’s estate. The U.S. Supreme Court affirmed a 9th Circuit ruling in favor of the Marshall family against Anna Nicole Smith’s estate in a decision that has been called a “momentous constitutional ruling” on the authority of the bankruptcy courts. Stern v. Marshall, 131 S. Ct. 2594 (2011).
  • Secured unconditional FTC clearance for Monster Worldwide’s acquisition of HotJobs from Yahoo! Inc. Both parties operated leading online job boards. After a full FTC investigation, including the issuance of second requests, the FTC unconditionally cleared the transaction.
  • Obtained unconditional DOJ clearance for Ritchie Bros., the world’s largest industrial auctioneer, in its  acquisition of rival IronPlanet, a leading online marketplace for industrial equipment auctions, following the issuance of second requests. The transaction combined a leading brick-and-mortar competitor with a leading online competitor, raising unique antitrust issues requiring advanced economic analyses to demonstrate that the transaction would not harm competition in either selling channel.
  • Obtained unconditional FTC clearance for Kinray, Inc., the largest drug wholesaler to independent pharmacies in the New York City area, in its US$1.4 billion sale to Cardinal Health, one of the leading drug wholesalers in the United States. 
  • Represented dialysis provider DSI Renal in its successful US$760 million strategic sale to DaVita, one of the nation’s leading dialysis firms.Obtained unconditional DOJ clearance for One Equity Partners’ US$600 million sale of Prodigy Health Group, the nation’s largest independent third-party administrator of self-funded health care plans, to Aetna.
  • Secured FTC approval of DNA Diagnostics Center (DDC), the nation’s largest provider of private DNA testing services, as an upfront buyer to acquire Orchid Cellmark, Inc.’s government paternity testing business as part of an FTC divestiture order that enabled LabCorp to complete its acquisition of Orchid Cellmark.
Education
  • West Virginia University, B.S., Economics, 2006, summa cum laude
  • The George Washington University Law School, J.D., 2009, Order of the Coif
Admissions
  • District of Columbia
  • Virginia
Memberships
  • Vice Chair, ABA Section of Antitrust Law's Membership and Diversity Committee (2017-present)
  • Vice Chair, ABA Section of Antitrust Law’s Corporate Counseling Committee (2014-2017)
  • Young Lawyer Representative, ABA Section of Antitrust Law’s Mergers & Acquisitions Committee (2012-2014)