EXPERIENCE

Josh’s antitrust experience ranges from high-profile, complex strategic transactions to M&A litigation and defense of clients facing complex multidistrict litigations and class actions. Josh’s notable representations include, among others, serving as lead antitrust counsel for the following transactions:

• Deutsche Telekom in connection with T-Mobile’s successful merger with Sprint, which was selected by Global Competition Review as the 2020 “Competition Matter of the Year”;
• GSK plc, a UK-based global pharmaceutical company, in its $2 billion acquisition of BELLUS Health, a Canada-based biopharmaceutical company;
• IBM in its $4.6 billion acquisition of Apptio;
• Atrium Health in its multi-billion merger with Advocate Health. The transaction created the fifth-largest nonprofit health system in the nation;
• LinkedIn in its $26 billion sale to Microsoft;
• Marriott in its $13 billion acquisition of Starwood;
• A leading technology company in a DOJ’s Antitrust Division of its alleged conduct involving an application used on mobile devices; and
• BNSF Railway, an operator of freight railroad networks in North America, in its defense in two multidistrict litigations brought in D.C. District Court alleging that BNSF and other railway companies conspired to implement fuel surcharges.

Josh previously served in leadership and trial counsel roles in both the DOJ’s Antitrust Division and the FTC. From 2007 to 2012, Josh was the Chief of the Litigation I Section of the DOJ’s Antitrust Division (now the Healthcare and Consumer Products Section), where he directed all of the division’s investigations and litigation challenges in the health insurance, hospital, consumer products, packaging, beer and dairy sectors. In addition, Josh served as a trial attorney in the division’s Networks and Technologies Section, where he directed investigations in the software, electronic payment systems and financial services fields.  From 2004 to 2007, Josh was an Attorney Advisor to FTC Chairman Deborah Platt Majoras.

Josh has led the antitrust teams that obtained government approval for numerous prominent companies in a variety of industries, including:

Healthcare/Pharmaceutical

• Marathon Health in its acquisition of Everside Health; 
• GSK plc, a UK-based global pharmaceutical company, in its $2 billion acquisition of BELLUS Health, a Canada-based biopharmaceutical company;
• Merck in its $10.8 billion acquisition of Prometheus Biosciences;
• Albireo Pharma in its $1 billion sale to Ipsen;
• Atrium Health in its multi-billion merger with Advocate Health. The transaction created the fifth-largest nonprofit health system in the nation;
• Presbyterian Healthcare Services and UnityPoint Health in their $11 billion merger;
• St. Jude Medical in its $25 billion sale to Abbott Laboratories;
• LogicBio® Therapeutics in its sale to Alexion, AstraZeneca Rare Disease (Alexion); and
• Tenet Healthcare in its $2 billion acquisition of United Surgical Partners International.

Technology/Telecommunications

• Deutsche Telekom in the $26 billion purchase of Sprint by DT’s subsidiary, T-Mobile;
• IBM in its $4.6 billion acquisition of Apptio;
• LinkedIn in its $26 billion sale to Microsoft;
• Francisco Partners in the sale of its subsidiary Trellis Rx to CPS Solutions;
• Hewlett Packard Enterprise in the sale of its information technology services business to Computer Sciences Corporation and its sale of mobile device patents to Qualcomm;
• AECOM in its $6 billion acquisition of URS;
• MuleSoft in its $6 billion sale to Salesforce; and
• Fiserv in its $690 million purchase of Elan Financial Services.

Manufacturing/Energy

• HEICO Corporation in its $2 billion acquisition of Wencor Group;
• Resolute Forest Products in its $4 billion sale to Domtar Corporation;
• Southern Power in its $8 billion acquisition of AGL Resources; and
• Southern Power in its $2 billion joint venture with Kinder Morgan.

Hospitality/Consumer Services/Entertainment

• Marriott in its $13 billion acquisition of Starwood;
• WWE in its $21 billion sale to Endeavor Group Holdings; and
• Grubhub in its $7.3 billion sale to Just Eat Takeaway.

Josh also served as a law clerk for the Honorable Robert G. Doumar of the U.S. District Court for the Eastern District of Virginia.

Josh is consistently named among the nation’s top antitrust attorneys by Chambers USA in the Antitrust – District of Columbia category. Clients commented that he “brings deep prior experience in senior positions at both the FTC and DOJ to his highly regarded antitrust practice.” He is regularly listed as a leading antitrust lawyer by Best Lawyers. Josh was also recommended in Legal 500 in the Antitrust: Civil Litigation/Class Actions: Defense and Antitrust: Merger Control categories. In 2015, he was recognized as an “Antitrust Trailblazer” by The National Law Journal for his merger clearance achievements.

Josh is currently an editor of the American Bar Association’s Antitrust Magazine, and is a former editor of the ABA’s Antitrust Law Journal. He has spoken at many conferences on antitrust enforcement issues and served as a lecturer at the Kellogg School of Management at Northwestern University, where he co-taught a course on strategy and competition policy in the healthcare sector.