Scott Schaeffer

Counsel

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Scott Schaeffer is a counsel in O’Melveny’s Shanghai office and a member of the Antitrust and Competition Practice.  Scott represents clients based both in the United States and in Asia.  His practice involves complex antitrust and commercial litigation, antitrust counseling, and criminal antitrust investigations.  It also involves defending proposed and consummated mergers before antitrust agencies and in merger litigation.  Scott has represented U.S. and Asian clients in transactions in the technology, airline, biotech, foodservice, telecommunications, and manufacturing industries, among others. 

Scott counsels multinational clients on a variety of other competition matters, including Section 8 of the Clayton Act, the Robinson-Patman Act, the Hart-Scott-Rodino Antitrust Improvements Act of 1976, and compliance issues.  He regularly advocates for government interventions on behalf of parties adversely impacted by anticompetitive conduct or proposed mergers. 

Scott is also involved in the firm’s appellate and white collar practices.  He has authored briefs in cases before the United States Supreme Court as well as federal and state appellate courts on subjects including criminal law, class actions, competition law, federal jurisdiction and procedure, federal constitutional law, and employment law.  His white collar experience includes criminal defense, government investigations, and internal compliance matters, both in the U.S. and in Asia.

Scott is a frequent author and speaker on a variety of subjects, including antitrust enforcement, foreign sovereignty, and emerging issues in competition law.

Prior to joining O’Melveny, Scott was a law clerk for the Honorable A. Raymond Randolph on the U.S. Court of Appeals for the D.C. Circuit and the Honorable Gary Feinerman on the U.S. District Court for the Northern District of Illinois.

Honors & Awards

  • “Top 40 Young Lawyer,” American Bar Association (2020)
  • “Rising Star,” Competition, Law360 (2019)

Admissions

Bar Admissions

  • California
  • District of Columbia

Education

  • Stanford Law School, J.D.
  • University of Notre Dame, B.A., Political Science

Professional Activities

Clerkships

  • Honorable Gary Feinerman, US District Court, Northern District of Illinois
  • Honorable A. Raymond Randolph, US Court of Appeals, DC Circuit

Co-Author

  • China’s Recent Competition Developments: 2019 in Review, ABA Antitrust Section’s The Antitrust Source (April 2020)
  • Common Ownership and Its Competitive Impact: Is It Real and What’s at Stake?, Antitrust (Spring 2020)
  • China’s Recent Competition Developments: 2019 in Review, Antitrust Source (April 2020)
  • Trade Association Survey Subject to Hong Kong Competition Ordinance, Lexology (Nov. 28, 2019)
  • Immunity, Sanctions & Settlements in Hong Kong, Global Competition Review (2019)
  • Hong Kong Competition Commission Considers Request to Exempt Trade Association Survey from Competition Ordinance, Lexology (May 6, 2019)
  • Extraterritoriality After Vitamin C: Are We Between a Rock and a Hard Place?, Antitrust (Fall 2018)
  • Hong Kong Competition Commission Releases 2017/2018 Annual Report, Lexology (Dec. 11, 2018)
  • Competition Commission Rules Hong Kong Code of Banking Practice is Subject to Competition Laws, Lexology (Nov. 13, 2018)
  • Hong Kong Competition Commission Brings Charges Against Individuals, Hong Kong Lawyer (Oct. 19, 2018)
  • Hong Kong Competition Tribunal Clarifies Competition Commission’s Discovery Obligations, Hong Kong Lawyer (July 6, 2018)
  • Viewing FTC v. Actavis Through the Lens of Clayton Act Section 4, Antitrust (Fall 2013)

Contributing Author

  • Antitrust Law Developments, American Bar Association (8th Edition 2016)

Select Presentations

  • “Information Exchanges in the Digital Era,” Latest Developments in International Anti-Monopoly Law, China Institute of International Antitrust and Investment (2019)
  • “Merger Control in the Current US Administration,” Frontier Issues in China’s Competition Policy and AML Enforcement (United Nations Conference on Trade and Development, China University of Political Science and Law), Beijing, China (2018)

Civil Litigation

  • Represented Impax Laboratories at trial in a Federal Trade Commission enforcement action challenging an alleged “reverse-payment” patent settlement
  • Representing NextEra Energy in defending antitrust conspiracy and monopolization claims in federal court. All federal antitrust claims were dismissed with prejudice via successful motions to dismiss
  • Successfully represented Samsung Electronics Co. against class action allegations of an international price-fixing conspiracy in In re Optical Disk Drives Antitrust Litigation
  • Representing American Airlines in connection with a series of class action complaints alleging collusion in the United States airline industry
  • Defending a leading pharmaceutical manufacturer against claims of monopolization and exclusive dealing of an FDA-approved pharmaceutical product
  • Defended Asiana Airlines against class action allegations of an international price-fixing cartel in In re Air Cargo Shipping Services Antitrust Litigation

Mergers and Acquisitions

  • Advised Time Warner regarding Asian antitrust considerations during its merger with AT&T
  • Provided China merger control advice to companies in the energy, technology, and pharmaceutical industries
  • Successfully defended Alaska Airlines against a suit intended to block its acquisition of Virgin America
  • Represented Sysco Corporation at trial in connection with the Federal Trade Commission’s suit to block its merger with a competitor
  • Counseled and successfully obtained clearance for an Asian genome-sequencing company in its acquisition of a company that provided complementary, innovative services

Compliance and Investigations

  • Defended major corporations in criminal antitrust investigations in the finance, consumer goods, and technology industries
  • Advised major corporations in antitrust investigations in the Mainland and Taiwan
  • Represented a leading Asian electronics manufacturer in response to a Department of Justice Civil Investigation Demand
  • Counseled major Asian corporations and trade associations regarding antitrust compliance programs
  • Conducted internal investigations for a major healthcare organization concerning compliance with state and federal healthcare laws and regulations
  • Counseled a major financial services institution regarding its compliance programs
  • Directed a nationwide antitrust investigation in the transportation industry

Alerts and Publications

China Competition & Trade Review (Issue #4 - July 2020)

July 24, 2020

O’Melveny Publishes Guide on New Hong Kong Leniency Regime

July 17, 2020

DOJ’s Prosecution of Generic Drug Companies Continues as it Announces Price-Fixing Charges Against Glenmark Pharmaceuticals, Inc.

July 2, 2020

Germany’s Federal Cartel Office Calls for the EU Court of Justice’s Guidance on Important Patent Licensing Issues

June 25, 2020

Updates on Recent US Merger Control Developments - May 2020

May 22, 2020

COVID-19 Antitrust M&A Considerations

May 7, 2020

The Failing Firm Merger Defense in Times of Economic Turmoil: Past Lessons and the COVID-19 Crisis

April 23, 2020

Hong Kong Competition Commission Consults on Proposed Commitments Offered by Online Travel Agents to Remove Parity Clauses from Agreements with Accommodation Providers

April 9, 2020

China Adopts Antitrust Enforcement Policy to Fight COVID-19 and Spur Economic Recovery

April 8, 2020

Hong Kong Competition Commission Issues Statement on the Application of the Competition Rules to Cooperation Agreements Between Companies Responding to the COVID-19 Pandemic

March 30, 2020

European Antitrust in the Time of COVID-19

March 25, 2020

Temporary Merger Control Measures in the EU, US, and China in Response to COVID-19

March 18, 2020

China Competition & Trade Review (Issue #3 - March 2020)

March 3, 2020

Trade Association Survey Subject to Hong Kong Competition Ordinance

November 28, 2019

China Competition & Trade Review (Issue #2 - November 2019)

November 1, 2019

China Competition & Trade Review (Issue #1 - August 2019)

August 20, 2019

A Guide to Hong Kong’s New Cooperation and Settlement Regime

July 10, 2019

China Creates an “Unreliable Entities List”

June 14, 2019

Hong Kong Competition Commission Considers Request to Exempt Trade Association Survey from Competition Ordinance

May 6, 2019

US Antitrust Agencies Continue to Focus on Common Ownership

February 22, 2019

Hong Kong Competition Commission Releases 2017/2018 Annual Report

December 11, 2018

Competition Commission Rules Hong Kong Code of Banking Practice is Subject to Competition Laws

November 13, 2018

Hong Kong Competition Commission Brings Charges Against Individuals

October 12, 2018

In the News

Press Releases