Brian Rafkin

brian-rafkin

Brian Rafkin

Associate

Washington, D.C. | 1900 K Street, NW, Washington, DC, United States of America 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, chemicals, manufacturing, airlines, semiconductors, technology, major household appliances, agricultural equipment, industrial equipment, and building materials. Mr. Rafkin has substantial experience defending companies in litigated merger challenges brought by the antitrust agencies, including representing chemical manufacturer PeroxyChem in its successful defense against the FTC's attempt to block the US$640 million sale of PeroxyChem to Evonik. Mr. Rafkin also represented General Electric in Electrolux/GE Appliances, Monsanto in Deere/Monsanto, and Phoebe Putney in Phoebe Putney/Palmyra Park in litigated merger challenges. 

Mr. Rafkin also counsels clients on government non-merger investigations, 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.

Mr. Rafkin maintains a robust pro bono practice, representing immigrants seeking asylum and elderly clients on a range of issues. 

Prior to joining Dechert, Mr. Rafkin served as an associate at another international law firm. He was also a Trial Attorney at the DOJ Antitrust Division – Defense, Industrials, and Aerospace Section where he participated in all aspects of litigation and merger investigations.

Education
  • Duke University, B.A., 2005
  • University of Florida Levin College of Law, J.D., 2008, magna cum laude, Order of the Coif
Admissions
  • Florida
  • District of Columbia
  • United States District Court for the District of Columbia
Experience
  • PeroxyChem and its parent One Equity Partners in the FTC investigation and subsequent litigation seeking to enjoin the proposed US$640 million sale of PeroxyChem to Evonik. Following a 2-week trial, a U.S. district court ruled for the defense, allowing the merger to close. This was the first FTC trial loss in a merger case in D.C. federal court since 2007, when Dechert defended Whole Foods in its acquisition of Wild Oats.
  • 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. The defense successfully negotiated a consent decree with the FTC that did not require the merger to be unwound.
  • A leading manufacturer of household goods targeted by a DOJ civil investigation into a potential hub-and-spoke conspiracy. DOJ closed the investigation without action.
  • Conducted an antitrust risk assessment and gap analysis for a global consulting company, to identify the company’s risk areas and make actionable recommendations to mitigate the company’s antitrust risk.

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 merger 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.
Memberships
  • Co-Chair, ABA Section of Antitrust Law’s Transportation & Energy Industries (TEI) Committee (2015-present)
    • Responsible for managing all aspects of the TEI Committee's activities, including committee programming, bi-annual newsletter, books and treatises, and membership development
    • Contributor to Antitrust Law Developments (8th Edition) and annual updates
    • Former Co-Editor of the committee’s newsletter Transportation, Energy & Antitrust
    • 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
Speaking Engagements
  • Cutting-Edge Issues in Merger Clearance— Dechert 2019 Annual Antitrust Spring Seminar, Philadelphia, PA (March 26, 2019)
  • Economic Analysis of Partial Acquisitions and JVs—  ABA Antitrust Section Brown Bag Program (June 26, 2018) 
  • Latest Trends in U.S. Merger Enforcement— Presented by Dechert LLP and Driven, Inc., Washington, D.C. (July 14, 2016)