7 TEAM REPRESENTATIVES Daniel M. Petrocelli CENTURY CITY Partner +1 310 246 6850 dpetrocelli@omm.com M. Randall Oppenheimer CENTURY CITY Partner +1 310 246 6722 roppenheimer@omm.com Trial Case Study #6 U.S. v. Bertelsmann SE & Co. KGaA, et al., Case No. 1:21-cv-02886 (D.D.C.) Andrew Frackman NEW YORK Partner +1 212 326 2017 afrackman@omm.com Having marshaled a trial team under similar circumstances in our successful defense of the AT&T-Time Warner merger, O’Melveny did not hesitate. The Penguin Random House ramp-up was a sprint, involving over 75 depositions and millions of pages of electronic data and documents. We argued that the alleged market—confined to authors of anticipated top-selling books—was wrong factually and legally, and the government had not shown there would be less competition for the most sought-after books. The district court ultimately agreed with the government in one of the few merger cases to be enjoined on a monopsony theory of liability. O’Melveny’s Strategy Few firms have the experience and ability to take such a complex antitrust case from inception to trial in nine months, especially a firm that did not handle the pre-litigation investigation.
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