U.S. Department
of Justice
Joe Sims Biography
Joe Simms
Partner
Washington
Tel: 1.202.879.3863
Fax: 1.202.626.1747
E-mail: jsims@jonesday.com
Joe Sims is a senior antitrust Partner. His practice is concentrated in antitrust and related areas of government regulation and includes litigation, counseling, and agency practice before state and federal courts, antitrust enforcement agencies, and various specialized agencies (e.g., FCC and DOT) where competition policy or antitrust issues arise. He has especially broad experience in dealing with mergers and acquisitions and with the full range of antitrust issues involving technology, telecommunications, and the electronic media industries. Representative clients include Abbott Laboratories, AOL, Apple, Aventis S.A., Cabot Corporation, Campbell Soup, Chevron, Dell, Ernst & Young, General Motors, Internet Corporation for Assigned Names and Numbers (ICANN), Intuit, Liberty Media, Nextel Communications, Procter & Gamble, Reynolds American, Texas Instruments, Time Warner, UPM, U.S. Steel, Viacom/CBS, Wal- Mart, and XM Radio.
Joe is a member of the American Bar Association (Antitrust Law Section, former chair of the Section 1 Committee and the Civil Practice and Procedure Committee; Administrative Law and Regulatory Practice Section; Litigation Section; and Business Law Section, former chair of the Antitrust Law Committee). He is a Fellow of the American Bar Foundation and a member of The American Law Institute.
Joe regularly writes and lectures on antitrust and related subjects. He is listed in The Best Lawyers in America, The World's Leading Lawyers, Who's Who Legal, and in most other publications recognizing leading antitrust lawyers in the world. In 2006, Joe was named a co-winner of the U.S. Antitrust Award at Chambers "Awards for Excellence" ceremony. In 2001, he was included in a listing of the world's top 10 antitrust lawyers by Global Counsel magazine and is the only antitrust lawyer ever recognized (in 2000) as a "Dealmaker of the Year" by The American Lawyer magazine. He is admitted to practice before the United States Supreme Court and a majority of the federal courts of appeal.
Admitted
Arizona and District of Columbia
Education
Arizona State University (B.S. 1967; Comment Editor, Law Journal; J.D. magna cum laude 1970)
Government Service
Deputy Assistant Attorney General, Antitrust Division, United States Department of Justice (1975-1978)
EXPERIENCE
Abbott Laboratories
Acquisition of Knoll Pharmaceuticals
Successful antitrust clearance of Abbott's purchase of Knoll
Pharmaceuticals.
America Online, Inc.
Netscape Acquisition and Strategic Alliance with Sun Microsystems
Successful clearance in the U.S. and EU of America Online's acquisition of
Netscape and its strategic alliance with Sun Microsystems.
Time Warner Merger
Successful antitrust clearance of America Online's merger with Time
Warner, one of the largest corporate mergers ever proposed.
American Tower Corporation
Various Tower Company Acquisitions
Successful antitrust clearance of numerous tower company acquisitions
by American Tower Corporation.
Aventis S.A.
In re Vitamins Antitrust Litig., MDL Docket No. 1285 (D.D.C.)
Representation of Aventis in connection with civil litigation filed against
vitamin producers.
Caremark Rx, Inc.
Acquisition of AdvancePCS
Successful antitrust clearance of the acquisition by Caremark Rx of
AdvancePCS.
CBS, Inc.
Infinity Broadcasting Acquisition
Successful antitrust clearance of CBS's acquisition of Infinity
Broadcasting.
American Radio Systems Acquisition
Successful antitrust clearance of CBS's acquisition of American Radio
Systems.
Viacom Transaction
Successful antitrust clearance of CBS's combination with Viacom,
creating one of the largest integrated media entities in the world.
Chevron Corporation
Texaco v. Dagher, 126 S.Ct. 1276 (2006)
Successful representation of Texaco concerning alleged price-fixing
between Texaco and Shell Oil after entering a joint venture.
Unocal Acquisition
Successful antitrust clearance of Chevron's acquisition of Unocal.
Ernst & Young International
Combination with KPMG
Obtained antitrust clearance for both Ernst & Whinney and Arthur Young
in the first combination of Big Eight accounting firms.
European pharmaceutical manufacturer
Vitamins Cartel Investigation
U.S. and EU investigations of conduct among vitamin producers.
Galileo International Inc.
Cendant Transaction
Successful worldwide antitrust clearance for Galileo's acquisition by
Cendant.
General Motors Corporation
Acquisition of Hughes Electronics/DirecTV by News Corp
Successful worldwide antitrust clearance for General Motors and Hughes
Electronics in the sale of Hughes to News Corp.
Hospital Corporation of America
Reazin v. Blue Cross, 635 F. Supp. 1287 (D. Kan. 1986), affå£, 899 F.2d
951 (10th Cir. 1990)
Representation of Hospital Corporation of America and Wesley Hospital in
an antitrust lawsuit against BlueCross of Kansas.
ICANN (Internet Corporation for Assigned Names and Numbers)
Outside General Counsel
Outside general counsel to international nonprofit organization, ICANN,
charged with management and coordination of the Domain Name
System, which in many respects serves as the telephone book of the
internet.
VeriSign, Inc. v. Internet Corp. for Assigned Names & Numbers (ICANN),
No. CV 03-1292, 2004 WL 2095696 (C.D. Cal., filed Feb. 26, 2004)
Represented ICANN in antitrust litigation alleging antitrust and contract
claims related to VeriSign's operation of the ".com" internet registry.
Lee Memorial Health System
FTC v. Hosp. Bd. of Dirs. of Lee County, 38 F.3d 1184 (11th Cir. 1994)
Successfully defended Lee Memorial Health System in a preliminary
injunction action brought by the FTC challenging the acquisition of Cape
Coral Medical Center.
Nextel Communications, Inc.
Merger with Sprint
Antitrust counseling with respect to $46.5 billion merger with Sprint.
United States v. Motorola, Inc., No. I:94CV02331 (TFH), 1999 WL
1581522 (D.D.C. 1999)
Representation of Nextel in successful modification of Motorola consent
decree which allowed Nextel to acquire additional 900 MHZ spectrum.
Acquisition of Motorola 800 MHZ SMR Business
Provided antitrust advice to Nextel in connection with its acquisition of
800 MHz frequencies.
Paper and forestry products manufacturer
Cartel Investigation
Various cartel investigations relating to the paper and forestry products
businesses.
Procter & Gamble Company, The
Tambrands Acquisition
Successful antitrust clearance for Procter & Gamble's acquisition of
Tambrands.
Acquisition of Gillette
Antitrust counsel in connection with acquisition of The Gillette Company.
Wella Acquisition
Successful antitrust clearance for Procter & Gamble's acquisition of
Wella.
Clairol Acquisition
Successful antitrust clearance for Procter & Gamble's acquisition of
Clairol from Bristol-Myers Squibb.
Sale of SpinBrush business
$105 million sale of the SpinBrush toothbrush business to Church &
Dwight Co., Inc.
R.J. Reynolds Tobacco Company
In re Cigarette Antitrust Litig., MDL Docket No. 1342, 2000 WL 1508296
(N.D. Ga. June 7, 2000)
Represented R.J. Reynolds in class action litigation alleging price fixing
by major cigarette companies.
R.J. Reynolds Tobacco Holdings, Inc.
Acquisition of Brown & Williamson Tobacco Corporation
Successful worldwide antitrust clearance for the merger of R.J.
Reynolds' U.S. tobacco business with Brown & Williamson Tobacco
Corporation.
Stanley Works, The
Acquisition of National Manufacturing
$170 million acquisition of National Manufacturing Co. d/b/a National
Hardware.
Tele-Communications, Inc.
Acquisition by AT&T
Successful antitrust clearance for the acquisition of TCI cable operations
by AT&T.
Acquisition of Turner Broadcasting by Time Warner
Successful antitrust clearance, after a year-long investigation, of the
acquisition by Time Warner of Turner Broadcasting (in which TCI held a
significant equity position).
TV Guide
Gemstar Combination
Represented TV Guide in the antitrust aspects of its merger with
Gemstar.
UPM-Kymmene Corporation
In re Pressure Sensitive Labelstock Antitrust Litig., MDL Docket No. 1556
(M.D. Pa., filed 2003)
Representation of UPM-Kymmene in antitrust class action litigation
involving sales of pressure-sensitive labelstock Publication Paper
Antitrust Litigation.
Westinghouse Electric Corporation
Siemens Power Generation Transaction
Antitrust clearance for sale of power generation business to Siemens AG.
PUBLICATIONS
| August 2006 | Section 5 of the FTC Act: Déjà Vu All Over Again? |
| March 2006 | New FTC Second Request Procedures |
| August 2005 | Trustbuster, Heal Thyself, The American Lawyer - PDF |
| December 2004 | Federal Merger Enforcement: Is There a Message in Recent Losses? (editorial), The Metropolitan Corporate Counsel |
| November 2004 | Competition Law: United States, Global Counsel Competition Law Handbook 2004/05, Practical Law Company - PDF |
| October 2004 | Federal Merger Enforcement: Is There a Broader Message in Recent Losses? |
| October 2004 | US Antitrust Gets Chance to Start Over, Expert Guide to Competition and Antitrust Lawyers, Legal Media Group |
| August 2004 | U.S. Supreme Court Tackles International Antitrust Issues |
| November 2003 | Competition Law: United States, Global Counsel Competition Law Handbook 2003/04, Practical Law Company - PDF |
| June 5, 2003 | Market Power in High- Technology Industries, coauthor, The Stanford Conference on Antitrust in the Technology Economy |
| May 2002 | Recent Developments in International Cartel Enforcement:The EU's New Leniency Notice |
| Spring 2002 | A Reply to Professor Froomkin's Form and Substance in Cyberspace, The Journal of Small and Emerging Business Law, Lewis & Clark College, Northwestern School of Law, Vol.6 |
| February 8, 2002 | Appraising DOJ's New Initiative for Pre-Merger Review, Legal Backgrounder |
| October/December 2001 | Negotiated Merger Remedies: How Well Do They Solve Competition Problems? coauthor, The George Washington Law Review , Vol. 69 |
| January 1999 | The Internet, E-Money, Vol. 1, No. 9 |
| 1998 | A Program That Has Lost Its Way, coauthored with Deborah Herman, Legal Times |
| December 1997 | Antitrust in the Digital Age: Important or Irrelevant? coauthor, Intellectual Property Magazine |
| August 1997 | Making Sense of Staples and Boeing/McDonnell Douglas, Andrews Antitrust Litigation Reporter |
| August/September 1997 | Making Sense of Bob Pitofsky, Global Competition Review |
| Spring 1997 | The Effect of Twenty Years of Hart-Scott-Rodino on Merger Practice: A Case Study in the Law of Unintended Consequences Applied to Antitrust Legislation, coauthor with Deborah Herman, Antitrust Law Journal, Vol. 65, No. 3 |
| July 1996 | Efficiency Genie is out of the Bottle, Corporate Finance |
| 1996 | A New Approach to the Analysis of Hospital Mergers, Antitrust Law Journal, Vol 64 |
PAST SPEAKING ENGAGEMENTS
| U.S. Antitrust Update, 2005 Petroleum Marketing Attorneys Meeting |
March 29, 2005 | Washington, D.C. |
| Hot Topics, ABA Section of Antitrust Law Spring Meeting, panelist |
March 2005 | Washington, D.C. |
| The Beginning of the End or the End of the Beginning? Recent Government Antitrust Enforcement in High-Tech Industries, JD MCLE University |
January 12, 2005 | San Francisco, California |
| Modernization I - A Half Year In, British Institute of International & Comparative Law Annual Competition Law Forum, panel discussion |
December 7, 2004 | London, England |
| Antitrust -Intellectual Property Update, panelist, The Federalist Society Annual National Lawyers Convention |
November 12, 2004 |
Washington, D.C. |
| Big Brother is Watching: A Survey of the Regulatory Landscape Impacting Outsourcing Transactions, International Law and Technology Forum, Institute for Law and Technology of the Center for American and International Law |
September 23-24, 2004 |
Plano, Texas |
| Fire and Ice: Antitrust Law and Intellectual Property Rights, International Law & Technology Forum |
September 2004 | Dallas, Texas |
| The Muris FTC Nears Three Years: An Appraisal, panelist, 2004 Antitrust Conference, The Conference Board |
March 3-4, 2004 | New York, New York |
| Institute for Law and Technology of the Center for American and International Law |
November 3-4, 2003 |
Dallas, Texas |
| International Regulation of Mergers, Sweet & Maxwell European Competition Law Review Conference, 2003 |
October 7, 2003 | London, England |
| Market Power, panelist, The Stanford Conference on Antitrust in the Technology Economy, ABA Section of Antitrust Law |
June 5, 2003 | Palo Alto, California |
| AOL/Time Warner and Interactive Television: The Intersection of TV, Computers, the Internet and Section 7 of the Clayton Act, panelist, ABA Section of Antitrust Law Spring Meeting |
March 30, 2001 | Washington, D.C. |
| Forging Consensus to Manage a Global Resource, Issue Management Council |
January 28, 2000 | Washington, D.C. |
| Antitrust.com: Emerging Antitrust Issues in E-Commerce, moderator, ABA Section of Antitrust Law Video/TeleConference |
October 21, 1999 | Washington, D.C. |
| Duality and Antitrust: The Visa/Mastercard Story, TSYS Executive Conference |
April 13, 1999 | Aspen, Colorado |
| Antitrust Issues in High-Tech Industries Workshop, moderator, ABA Section of Antitrust Law |
February 25-26, 1999 |
Scottsdale, Arizona |
| ABA Econometric Program, ABA Section of Antitrust Law Spring Meeting |
April 1998 | Washington, D.C. |
| Access Rules, Communications Bar Association and ABA Antitrust Communications Program |
March 11, 1998 | |
| Merger Policy and Procedures, panelist, The Conference Board's 1998 Antitrust Conference |
March 5, 1998 | New York, New York |
| Testimony before the Senate Judiciary Committee, Hearings on Federal Antitrust Policy in the Healthcare Marketplace |
September 23, 1997 |
Washington, D.C. |
| A Washington Antitrust Primer, Freedom Academy |
June 13, 1997 | Colorado Springs, Colorado |
| Antitrust Primer for Broadcasters, NAB Broadcasters' Law & Regulation Conference |
April 8, 1997 | Las Vegas, Nevada |
| Substantive Antitrust Issues in Radio Mergers, NAB Radio Fly-In |
February 19, 1997 | Washington, D.C. |