Scott Schaeffer

Counsel

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Scott Schaeffer is a counsel in O’Melveny’s Antitrust and Competition Group. His diverse practice spans the globe and involves complex antitrust and commercial litigation, antitrust counseling, and antitrust investigations. He also defends proposed and consummated mergers before antitrust agencies and in merger litigation.

Scott’s varied expertise includes representing U.S. and Asian clients in transactions in the technology, financial services, semiconductor, airline, biotech, foodservice, telecommunications, and manufacturing industries, among others. It also involves cutting edge monopolization and price fixing litigation. Scott has particular experience at the intersection of antitrust and intellectual property law, and regularly counsels clients on the antitrust implications of FRAND commitments and other aspects of the standards-development process.

His recent successes include merger clearance for Charles Schwab’s $26 billion acquisition of TD Ameritrade; defeating class certification on a multi-billion-dollar price fixing claim involving Optical Disk Drives in the Northern District of California; and the complete dismissal of monopolization and conspiracy claims involving energy companies in Hawaii.

Scott’s work has been recognized by leading publications around the world. In the U.S., Law 360 recently named Scott an antitrust “Rising Star” and the American Bar Association named Scott one of the “Top 40 Young Lawyers.” In Asia, The Legal 500 Asia-Pacific named Scott a “Rising Star” for antitrust and competition in China. Scott is a frequent author and speaker on a variety of subjects, including antitrust enforcement, foreign sovereignty, and the intersection of antitrust and intellectual property 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

  • "Rising Star," Antitrust & Competition: Foreign Firms (China), The Legal 500 Asia-Pacific (2021)
  • “Top 40 Young Lawyer,” American Bar Association (2020)
  • “Rising Star,” Competition, Law360 (2019)

Admissions

Bar Admissions

  • California
  • District of Columbia

Court Admissions

  • US District Court, Northern District of Illinois
  • US Court of Appeals, Fifth, Seventh and District of Columbia Circuits

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

  • FTC v. Qualcomm and the Potential Implications for Section 2, ABA’s Monopoly Matters (Fall 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, 2020)
  • 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

  • Representing Wells Fargo in multiple actions alleging price fixing of bonds issued by government sponsored entities
  • Representing multinational technology company in litigation alleging monopolization and tying
  • Represented Impax Laboratories at trial in a Federal Trade Commission enforcement action challenging an alleged "reverse-payment" patent settlement
  • Represented dozens of the nation’s top antitrust and economics scholars in Federal Trade Commission v. Qualcomm, Inc., a landmark monopolization case involving antitrust analysis of standard essential patents
  • Represented 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
  • Defended a leading pharmaceutical manufacturer against claims of monopolization and exclusive dealing of an FDA-approved pharmaceutical product
  • Represented major pharmaceutical and medical device manufacturers against unfair competition claim brought by numerous State Attorneys General
  • 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

  • Obtained clearance for Charles Schwab’s $26 billion acquisition of TD Ameritrade
  • Advised Time Warner regarding Asian antitrust considerations during its merger with AT&T
  • Obtained regulatory clearances on behalf of Finisar for its acquisition by II-VI
  • Representing a major manufacturer of optical communication products in the implementation of remedies imposed by China’s SAMR
  • 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 multinational corporations in antitrust investigations throughout greater China
  • 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

Antitrust Magazine: The Future of the Past: Taking Stock of SEP Policy at the Outset of the Biden Administration

August 9, 2021

Prompted by Sweeping Executive Order on Competition, New Leadership at US Antitrust Agencies to Launch Review of Merger Guidelines; Similar Initiatives in Europe and China May Signal Greater Convergence in Enforcement Across Jurisdictions

July 26, 2021

European Commission Extends Reach Over Non-Reportable Transactions

April 6, 2021

EU Commission Publishes Text of EU-China Comprehensive Agreement on Investment

January 27, 2021

Germany Strengthens Antitrust Enforcement Powers to Rein in Big Tech

January 19, 2021

China Expands National Security Review of Foreign Investments

January 12, 2021

European Commission Plan to Reform Europe’s Digital Space - Part 2 - Draft Digital Services Act

December 23, 2020

European Commission Plan to Reform Europe’s Digital Space - Part 1 - Draft Digital Markets Act

December 21, 2020

New Guidelines Clarify When Antitrust Division Will Consider Using Arbitration

December 1, 2020

American Bar Association’s “Monopoly Matters”: FTC v. Qualcomm and the Potential Implications for Section 2

November 23, 2020

The UK National Security and Investment Bill: Strengthening scrutiny of investment in the UK and introducing the UK’s first mandatory notification regime

November 20, 2020

China Competition & Trade Review (Issue #5 - November 2020)

November 17, 2020

China Publishes “Unreliable Entities” Rules Targeting Foreign Enterprises

September 22, 2020

DOJ Issues Letter Encouraging IEEE to Change Policy on Standard Essential Patents

September 18, 2020

Hong Kong Competition Tribunal Approves First Cartel Settlement

August 13, 2020

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

Press Releases

In the News