Brian Rafkin


Brian Rafkin


Washington, D.C. | 1900 K Street, NW, Washington, DC 20006-1110
+1 202 261 3318 | +1 202 261 3333

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Brian Rafkin is an associate in the antitrust and competition group. He represents clients in mergers and investigations before the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division in a range of industries including health care, airlines, semiconductors, technology, major household appliances, agricultural equipment, industrial equipment, building materials, and hazardous waste. Mr. Rafkin has significant experience defending litigated merger challenges, having represented General Electric in Electrolux/GE Appliances, Monsanto in Deere/Monsanto, and Phoebe Putney in Phoebe Putney/Palmyra Park. Mr. Rafkin also counsels clients on Hart-Scott-Rodino filings and foreign pre-merger filings, antitrust-related provisions in transactional agreements, and antitrust compliance issues, such as distribution and franchising, unilateral conduct and joint ventures.

Prior to joining Dechert, Mr. Rafkin served as an associate at another international law firm. He was also a trial attorney at the United States Department of Justice, Antitrust Division – Litigation II Section where he participated in all aspects of litigation and merger investigations.


Significant Representations

  • General Electric Company in the DOJ investigation of and subsequent litigation and four-week trial seeking to enjoin the proposed US$3.3 billion sale of GE Appliances to AB Electrolux.
  • Monsanto Company and its subsidiary Precision Planting LLC in the DOJ litigation seeking to enjoin the proposed US$190 million sale of Precision Planting to Deere & Company.
  • Phoebe Putney Health System, Inc. and Phoebe Putney Memorial Hospital in the FTC litigation seeking to unwind its acquisition of Palmyra Park Hospital.
  • Conducted an antitrust risk assessment and gap analysis for an S&P 500 company, to identify the company’s risk areas and make actionable recommendations to mitigate the company’s antitrust risk.
  • A leading manufacturer of fiberglass insulation in its acquisition of a competitor.
  • A leading hazardous waste hauler in its acquisition of a competitor.

Government Enforcement Experience

  • Negotiated consent decrees in Amcor/Rio Tinto, a US$2.1 billion flexible packaging acquisition requiring the divestiture of a manufacturing facility in North Carolina and General Electric/Converteam, a US$3.2 billion oil refinery equipment acquisition requiring the divestiture of a plant in Minnesota.
  • Participated in U.S. v. Microsemi litigation relating to a consummated acquisition in the national defense electronics industry, ultimately obtaining a full divestiture of the acquired company.
  • Participated in a number of investigations resulting in consent decrees, including Republic Services/Allied Waste and GrafTech/Seadrift.
  • Duke University, B.A., 2005
  • University of Florida Levin College of Law, J.D., 2008, magna cum laude, Order of the Coif
  • Florida
  • District of Columbia
  • United States District Court for the District of Columbia

Vice Chair, ABA Section of Antitrust Law’s Transportation & Energy Industries Committee (2015-present)
He is responsible for editing the transportation and energy sections of Antitrust Law Developments as well as developing committee programming, and was formerly Co-Editor of the committee’s newsletter Transportation, Energy & Antitrust. Mr. Rafkin previously served as a Young Lawyer Representative to the Joint Conduct Committee where he was Co-Editor of the committee’s publication The Cartel & Joint Conduct Review.
Member, Young Alumni Development Council, Duke University
Member, Young Lawyers Alliance, Legal Counsel for the Elderly, a pro bono organization that provides legal services to senior citizens