Ted Hassi

Partner

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Ted Hassi has extensive experience trying a broad range of antitrust, mergers and acquisitions, securities and general complex commercial matters. Ted is both a trial and regulatory lawyer who represents clients before the antitrust agencies and in court on merger clearance matters, government antitrust investigations and civil litigation. He has represented clients in a variety of industries from technology to sports to finance.

Ted returned to the firm after spending three and a half years as Chief Trial Counsel for the Federal Trade Commission’s Bureau of Competition. Ted led the Commission’s litigation efforts in matters that were or were likely to be tried. Under his leadership, the Commission excelled in federal and administrative court litigations as well as in investigations involving mergers, anticompetitive practices, and patent antitrust investigations. He oversaw litigation training efforts, organized joint programs for the FTC and Department of Justice, and regularly trained lawyers on taking depositions, working with experts, and conducting direct and cross examination. Ted uses his knowledge of the FTC’s policies and procedures to help clients successfully execute their business plans.

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Corporate & Government Experience

Military Service

  • US Navy Lieutenant (1986-1994)

Admissions

Bar Admissions

  • District of Columbia
  • New York

Court Admissions

  • US District Court, Southern and Eastern Districts of New York
  • US Court of Appeals, Second Circuit

Education

  • Fordham University, J.D., 1995: cum laude; Order of the Coif; Lawrence J. McKay Advocacy Award; Fordham Moot Court Board; National Moot Court Competition, National Championship Team and Best Oral Advocate; National Tax Competition, Runner-up Best Oral Advocate
  • United States Naval Academy, B.S. Computer Science, 1986

Professional Activities

Speaking Engagements

  • FTC v Sysco/US Foods: Perspectives from the Trenches,” American Bar Association (July 2016)

Professional Experience in Private Practice

  • Counsel for Bumble Bee in civil class actions arising out of a Department of Justice investigation.
  • Defending Par Pharmaceuticals against claims of monopolization and exclusive dealing an FDA-approved pharmaceutical product.
  • Defending FTC action against Impax Labs alleging it entered into an anticompetitive patent settlement with another pharmaceutical manufacturer.  
  • Counsel for Par Pharmaceuticals in civil class actions alleging price fixing for certain generic drugs. 
  • Obtained clearance for strategic merger of aircraft parts manufacturers. 
  • Represented Ardagh Group in obtaining approval to purchase $3.4 billion in beverage can divestiture assets from Ball Corporation and Rexam PLC.
  • Defended Sysco Corp. against the FTC’s lawsuit in connection with the company’s proposed merger with US Foods.
  • Successfully defended eBay’s Board of Directors against derivative claim alleging Clayton Act Section 8 violation.
  • Represented Honeywell in price fixing class actions brought by direct and indirect purchasers, state attorneys general and local municipalities as well as qui tam claims.
  • Represented Capital One in antitrust action brought by American Express leveraging successful Department of Justice judgment against Visa and MasterCard
  • Defended Capital One in consolidated antitrust conspiracy cases related to payment card interchange 
  • Represented the independent directors of the New York Stock Exchange in a suit by a putative seatholder class to block transformative merger with Archipelago
  • Defended five major motion picture studios against claims of conspiracy with film exhibition chains to boycott independent film exhibitor
  • Represented MasterCard in challenge to Visa U.S.A. bylaw that prevented U.S. debit card banks from switching from Visa to MasterCard. Successfully enforced judgment entered in Department of Justice case against Visa and MasterCard
  • Represented Finnish paper manufacturer against price-fixing claims in multi-district litigation
  • Represented controlling shareholder in Delaware Chancery Court action to enjoin company from implementing a poison pill, dilutive option and other defensive measures
  • Obtained the dismissal of a derivative action against the outside directors of Honeywell related to Honeywell’s merger with Allied Signal
  • Successfully tried securities and common law fraud claims against pharmaceutical manufacturer over sale of wholly owned manufacturing subsidiary
  • Obtained dismissal of spurned suitor’s action to block merger of two major U.S. banks
  • Obtained restraining order preventing paper manufacturer from purchasing or transferring controlling shares in closely held European consumer packaging company
  • Obtained dismissal of Section 10(b) claims against Board of Directors of hygiene product manufacturer
  • Successfully defended merger between two major hospital chains against suit to prevent merger on monopolization grounds
  • Represented a 50% owner of marquee Major League Baseball franchises in a dispute over franchise valuation
  • Tried adversary proceeding on behalf of a satellite radio network against a computer systems integrator

Professional Experience at the Federal Trade Commission

At the FTC Ted led the agency’s efforts to block anticompetitive mergers and practices in federal trials and administrative proceedings. 

  • FTC v. Ardagh Group, S.A. – Led the FTC’s efforts to block Ardagh’s acquisition of Verallia North America in district court and concurrent administrative litigation. Successfully blocked Ardagh’s efforts to “litigate the fix” causing Ardagh to stipulate to an injunction rather than risk adverse hearing outcome. Obtained significant settlement offer on the eve of administrative trial.
  • In the Matter of McWane, Inc. – Led trial team in 2 month administrative trial of McWane on price fixing and exclusive dealing claims. Briefed and argued cross appeals to the Commission.
  • In the Matter of Integrated Device Technology, Inc. – Led challenge to IDT’s proposed acquisition of semiconductor manufacturer PLX.
  • In the Matter of Omnicare, Inc. – Led FTC’s challenge to Omnicare’s hostile tender offer to acquire PharMerica.
  • FTC v. Phoebe Putney Health System, Inc. – Directed FTC’s efforts to challenge Phoebe Putney’s state action defense in its acquisition of HCA’s Palmyra hospital concluding with a successful outcome in the U.S. Supreme Court. 
  • Ted played a key role in numerous other litigations and investigations and was actively involved in the agency’s reverse settlement payments litigation against the pharmaceutical industry.