Andrew G. Berg advises clients on litigation, mergers and acquisitions, and other antitrust and competition-related matters before the Federal Trade Commission (FTC), the Antitrust Division of the Department of Justice (DOJ), state attorneys general, and in private litigation. Andrew's practice includes a full range of antitrust transactional and mergers and acquisitions experience, including Hart-Scott-Rodino filings at the FTC and DOJ, and related merger analysis issues. He also counsels and litigates unfair and deceptive trade practice matters involving advertising, marketing, and financial and credit practices.
Andrew represents clients in every aspect of FTC and DOJ investigations, inquiries and litigation. At the FTC, this includes pre-complaint investigations, discovery and investigational hearings, complaint recommendations before the Bureau Directors' offices and the Commissioners' offices, and enforcement litigation in both federal and administrative law courts. At the DOJ, this includes complaint recommendations before the Assistant Attorney General. His practice also involves interfacing with congressional and other federal regulatory agencies on issues relating to law enforcement and public policy issues at the FTC and DOJ and on related trade regulation issues.
Andrew has represented clients in a large number of industry sectors during his twenty-nine years in private sector law practice in the antitrust and trade regulation areas. He has represented clients in nearly every industry sector that falls within the FTC's and the DOJ Antitrust Division's law enforcement jurisdictions, including:
- consumer retailing (supermarkets, general merchandise, department stores and specialty retailers such as office products, hospitality and gasoline retailing);
- computers, computer software and semi-conductor chips;
- travel and transportation-related services (automobile rentals, airlines, global distribution systems, and freight shipping);
- media and publishing (newspapers, book publishing and retailing, and music);
- entertainment (motion pictures and satellite radio);
- electricity and energy-related products and services;
- forest products, including newsprint;
- consumer products, goods and services;
- health-care services and pharmaceutical products, including branded and generic drugs and nutraceuticals;
- natural resources discovery and mining, including oil and gas;
- securities-industry and related financial sector services (including banking, credit card services, credit reporting, and third-party debt collection);
- trade associations and standards-setting organizations; and
- a wide variety of manufacturing industry products and services.
Prior to joining the firm, Andrew practiced law as a partner in the Washington, D.C. offices of three national law firms. He also has served as Senior Attorney Advisor to a Federal Trade Commissioner where he formulated policy and voting recommendations on FTC enforcement and regulatory matters and prepared Commission adjudicatory opinions and congressional testimony. Before joining the FTC in 1983, he was in private practice in Philadelphia, Pennsylvania, concentrating in antitrust, trade regulation, and government regulation matters.
Andrew has authored numerous law review articles and has participated in many professional panels examining current antitrust and mergers and acquisitions-related issues, as well as deceptive and unfair practices issues.
Andrew's concentrations include:
Antitrust and Competition:
- Mergers and acquisitions and competitor collaborations under Section 7 of the Clayton Act
- “Hart-Scott-Rodino” pre-merger notification filings and related transactional issues under Section 7A of the Clayton Act
- Restraints of trade (including price-fixing, group boycotts, exclusive dealing arrangements, customer and territorial allocations, resale price maintenance and pre-merger coordination) under Section 1 of the Sherman Act
- Monopolization and attempts to monopolize (including predatory conduct) under Section 2 of the Sherman Act
- Discrimination in pricing and promotional services and allowances under the Robinson-Patman Act
- Unfair methods of competition under Section 5 of the Federal Trade Commission Act
- Related acts or practices under state antitrust acts and state “baby” FTC Acts
Unfair and Deceptive Acts and Practices:
- Marketing practices, including deceptive telemarketing and direct mail marketing, retail point-of-sale disclosures and related consumer disclosure requirements, internet and telecommunications fraud, fraudulent business opportunities, deceptive commercial emailing under the CAN-SPAM Act and Rule, pay-per-call services, warranty rules, fraudulent business, investment and work-at-home schemes, and sweepstakes and games of chance
- Advertising practices, including deceptive advertising and internet marketing such as spyware
- Financial practices, including data security and privacy, identity theft, predatory or discriminatory lending practices, unfair or deceptive loan services, debt collection credit counseling and debt assistance practices, and consumer credit reporting
- Related acts or practices under state deceptive acts statutes and state “baby” FTC Acts.
- Self-regulatory proceedings, including National Advertising Division/Better Business Bureau advertising challenges, and Section 43(a) cases under the Lanham Act