Brian Rafkin, Senior Counsel, Antitrust and International Competition

Brian Rafkin

Partner

Areas of Focus

Brian Rafkin, Senior Counsel, Antitrust and International Competition

Brian Rafkin

Partner

brafkin@akingump.com

Areas of Focus

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Biography
  • Partner in Akin’s antitrust/competition practice.
  • Represents clients before the DOJ Antitrust Division and the FTC in merger and non-merger antitrust investigations.
  • Leads the firm’s HSR premerger filing practice.

Brian focuses his practice on representing a broad array of clients in merger and non-merger antitrust investigations. He is a former Department of Justice (DOJ) Antitrust Division attorney who represents clients before the DOJ and the Federal Trade Commission (FTC). A go-to lawyer for clients facing antitrust agency scrutiny, Brian has substantial experience guiding clients through challenging merger investigations.

Brian leads Akin’s Hart-Scott-Rodino (HSR) premerger filing practice, including advising on HSR reportability issues and preparing and submitting HSR filings. He also routinely advises on antitrust compliance issues, such as interlocking directorates, information exchanges, distribution and franchising, monopolistic conduct and joint ventures (JVs).

With clients across industries, Brian advises companies and investors in energy (including oil & gas), health care & life sciences, manufacturing, consumer products, chemicals, airlines, technology, semiconductors and various other industries.

In addition, Brian defends companies in litigated merger challenges brought by the government. He represented chemical producer PeroxyChem in its trial victory against the FTC in its attempt to block the $640 million sale of PeroxyChem to Evonik. Brian also represented General Electric in Electrolux/General Electric, Monsanto in Deere/Monsanto and Phoebe Putney hospital in Phoebe Putney/Palmyra Park.

Prior to joining Akin, Brian was an antitrust associate at two other prominent D.C. law firms and served as a trial attorney at the DOJ Antitrust Division’s Defense, Industrials and Aerospace Section (DIA).

Representative Work
  • Represented major convenience store and gas station chain 7-Eleven in its $1 billion acquisition of 204 gas stations in the southwest from Sunoco.
  • Represented Terran Orbital, a supplier of satellites for commercial and defense applications, in its approximately $450 million sale to defense contractor Lockheed Martin.
  • Obtained unconditional FTC clearance for the $240 million sale of Kamps Propane, a major west coast propane retailer and distributor, to Superior Plus following an FTC Second Request investigation.
  • Represented hydrogen peroxide producer PeroxyChem and its parent One Equity Partners in the FTC investigation and subsequent litigation seeking to enjoin the proposed $640 million sale of PeroxyChem to Evonik, another hydrogen peroxide producer. After a two-week trial, a U.S. district court denied the FTC’s request for an injunction and cleared the deal to close.*
  • Represented General Electric in the DOJ investigation and subsequent litigation seeking to enjoin General Electric’s $3.3 billion sale of its subsidiary, appliance manufacturer GE Appliances, to Electrolux.*
  • Represented Monsanto in DOJ litigation seeking to block the sale of its subsidiary, Precision Planting, to agricultural equipment producer Deere & Company.*
  • Represented Phoebe Putney Health System in FTC litigation seeking to unwind the acquisition of Palmyra Park hospital. The defense successfully negotiated a consent decree with the FTC that allowed Phoebe Putney to retain Palmyra Park hospital.*
  • Represented American Airlines in numerous matters, including antitrust immunity applications in front of the Department of Transportation.*
  • Routinely advises major private equity firms, hedge funds, multinational corporations, sovereign wealth funds and state owned/funded entities, and high net worth individuals on HSR issues. This includes assessing the HSR reportability of proposed transactions, maintaining the clients’ HSR compliance programs, and preparing and submitting HSR filings.
  • Regularly represents third parties involved in antitrust agency investigations and litigation, including representing divestiture buyers, key trial witnesses and other interested third parties.

*List includes matters worked on prior to joining Akin.

Education
  • J.D., University of Florida College of Law, magna cum laude, 2008

  • B.A., Duke University, 2005

Bar Admissions
  • District of Columbia

  • Florida

Recognitions
  • The Legal 500 US, Antitrust: Civil Litigation/Class Actions: Defense, 2023; Antitrust: Merger Control, 2022-2024.

Insights and Achievements

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      January 6, 2025

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