Stacey Anne Mahoney

Stacey Anne Mahoney is a partner in the New York office of Gibson, Dunn & Crutcher.  She is a member of the Antitrust Practice Group in the firm’s Litigation Department.

Ms. Mahoney has extensive experience in complex commercial litigation, and concentrates her practice on antitrust litigation and counseling.  Her antitrust practice includes litigating federal and state conduct cases and merger cases.  She has particular knowledge of the following industries:  oilfield services, marketing, advertising, promotions, automotive software, retail, and electronic payment systems.  She has also litigated antitrust cases, on behalf of plaintiffs or defendants, in the following areas:  retail electronics sales, standard setting, glass manufacturing, automobile sales and repair, lightning protection, and ready-to-eat cereals.  Further, Ms. Mahoney has litigated false and deceptive advertising, defamation, business tort, Title VII, unfair competition, and Lanham Act claims in federal and state courts throughout the country.

Ms. Mahoney’s counseling practice focuses on antitrust investigations and competitor collaboration issues.  She regularly represents clients before the Department of Justice and the Federal Trade Commission in various matters, including mergers, joint ventures, compliance with Civil Investigative Demands, voluntary disclosures, and other formal and informal investigations, and has worked with agency staff to develop industry guidelines.  She has also worked with the regulatory agencies to consolidate governmental backing to pursue litigation on behalf of individuals’ antitrust rights.  She counsels clients on their distribution and pricing practices and policies, has prepared clients to appear before Congress, and has conducted internal investigations.

Ms. Mahoney is consistently ranked among the top Antitrust lawyers in New York by Chambers USA: America’s Leading Lawyers for Business, and New York Super Lawyers.  Chambers USA reports that Ms. Mahoney is “conscientious,” “smart and innovative, a real self-starter who already has much prominence at the Bar,” and offers a “highly pragmatic approach to matters.”

Ms. Mahoney’s representative matters include:

• Lead Counsel representing a third-party retailer in the Federal Trade Commission investigation of the acquisition of Prime Retail by Simon Property Group.
• Lead Counsel representing City University of New York in a New York state court litigation, successfully defeating a New York Donnelly Act antitrust claim.
• Lead Counsel representing to settlement federal antitrust and business tort cases simultaneously litigated in the District of Minnesota and the Southern District of New York on behalf of News America Marketing In-Store, Inc.
• Lead Counsel representing medical device companies and principals in a business tort case in New York state court.
• Lead Antitrust Counsel obtaining dismissal of antitrust claim in New York state court on behalf of News America Marketing FSI, Inc.
• Trial Counsel representing CCC Holdings, Inc. in a District of Columbia federal court antitrust merger preliminary injunction hearing.
• Trial Counsel representing News America Marketing FSI, Inc. in the Northern District of California and the Ninth Circuit Court of Appeals in a California Cartwright Act antitrust and business tort litigation.
• Represented Baldor Electric Company before regulatory agencies in the United States, Canada, Austria, Germany, Italy, and Brazil in its approximately $4 billion acquisition by ABB Limited that was permitted to close without conditions.
• Represented Schlumberger Limited before regulatory agencies in the United States, European Union, Canada, Russia, Colombia, Mexico, Brazil and Argentina in Schlumberger’s approximately $11 billion merger with Smith International that was permitted to close without conditions.
• Represented an oil field services company in a Department of Justice investigation that resulted in a decision by the Department of Justice not to challenge the proposed joint venture.
• Represented to settlement a plaintiff class of retailers against Visa and MasterCard in a federal antitrust tying case litigated in the Eastern District of New York, the Second Circuit Court of Appeals, and up to the United States Supreme Court.
• Represented various media companies in multiple Federal Trade Commission and Department of Justice investigations, successfully convincing the agencies not to pursue enforcement.
• Represented to dismissal the National Fire Protection Association in a federal antitrust litigation in the District of Arizona.
• Ongoing counseling in numerous industries regarding distribution and pricing practices, potential mergers, joint ventures, and other competitor collaborations.

Ms. Mahoney is a frequent speaker and writer on antitrust issues.  In 2012, she will be a panelist at the Annual Meeting of the Antitrust Section of the New York State Bar Association addressing merger injunction standards, and will serve as the Chair of The Antitrust Structure program offered during the 2012 Next Generation of Antitrust Scholarship Conference.  In 2010, she gave numerous speeches to international audiences regarding the state of antitrust litigation and enforcement in the United States.  She was also a Panelist regarding “Private Enforcement” at the Annual Survey of American Law 2010 Symposium: Critical Directions in Antitrust, and her “Discovery in Antitrust Cases” chapter in Antitrust Counseling and Litigation Techniques was published.  Since 2008, she has regularly spoken, written and been quoted in the press regarding the antitrust enforcement agenda of the Obama administration.  Ms. Mahoney has been a guest antitrust lecturer at Fordham University School of Law, the University of California, Berkeley, Boalt Hall School of Law, and Rutgers University School of Law.

From 1994 to 1996, Ms. Mahoney clerked for the Honorable K. Michael Moore in the United States District Court for the Southern District of Florida, having interned during law school for the Honorable Sonia Sotomayor, then-District Court Judge in the Southern District of New York.  Ms. Mahoney graduated from Fordham University School of Law in 1994, where she was the Notes and Comments Editor of the Environmental Law Journal, and the recipient of the Archibald R. Murray Public Service Award.  She graduated from the University of Michigan Honors School with Distinction in 1991, with majors in English and Psychology.

Ms. Mahoney is a member of the Antitrust, Litigation, and International Law Sections of the American Bar Association (2010 Delegate to the American Bar Association International Legal Exchange Briefing Trip to Australia and New Zealand) and the Antitrust Section of the New York State Bar Association (Executive Committee 2005-present; Chair 2008-2009; Vice Chair 2007-2008; Secretary 2006-2007).  She is also a member of the Women’s Competition Network, an international professional network of senior female antitrust practitioners and policy-makers, and the Women’s Bar Association of the State of New York.  From 2005 to 2008, she was an elected member of the Antitrust and Trade Regulation Committee of the Association of the Bar of the City of New York, and since 2007, has been a Practice Partner to the Fordham Center for Corporate, Securities and Financial Law.  As an avid horsewoman, Ms. Mahoney is also a member of the Horse and Rider Advocates Committee of the United States Hunter Jumper Association.

Ms. Mahoney is admitted to practice in the State of New York, the Southern and Eastern Districts of New York, the Eastern District of Michigan, the Second Circuit Court of Appeals, and the United States Supreme Court.

Ms. Mahoney’s publications and speaking engagements include:

• New York State Bar Association Antitrust Section Annual Meeting, New York, New York, January 26, 2012.  Panelist.
• New York University School of Law and American Bar Association 2012 Next Generation of Antitrust Scholarship Conference, The Structure of Antitrust, New York, New York, January 20, 2012.  Chair.
• Fordham University School of Law, New York, New York, November 8, 2011 and November 17, 2010.  Guest Lecturer regarding Mergers in Antitrust introductory class.
• Summary of 2010 Preliminary Staff Report of the Federal Trade Commission entitled “Protecting Consumer Privacy in an Era of Rapid Change” (January 2011).  Author.
• “Discovery in Antitrust Cases” chapter, Antitrust Counseling and Litigation Techniques, Matthew Bender & Co., Inc. (2010).  Author.
• Comments of the Sections of Antitrust Law and International Law of the American Bar Association regarding the Competition Bureau of Canada’s Discussion Paper for the Merger Enforcement Guidelines, American Bar Association Antitrust and International Law Sections (December 2010).  Contributing Author.
• Annual Survey of American Law, 2010 Symposium: Critical Directions in Antitrust, New York, New York, February 19, 2010.  Panelist re: Private Enforcement.
• “2009 Developments in U.S. Antitrust Law,” Bell Gully, and Simpson Grierson Law Firms, Auckland, New Zealand, February 12 and 15, 2010; Mallesons Stephen Jaques, Freehills, Middletons, and Allens Arthur Robinson Law Firms in Sydney, Australia, February 3, 4 and 10, 2010.  Lecturer.
• ILEX, Presentation on Australian Judicial System.  Sydney, Australia, February 10, 2010.  ILEX Delegate Antitrust Expert Discussion Facilitator.
• ILEX, Roundtable Discussion on Trade and Investment Issues.  Sydney, Australia, February 8, 2010.  ILEX Delegate Antitrust Expert Participant.
• American Bar Association and Association of American Law Schools, Next Generation of Antitrust Scholarship Conference, New York, New York, January 29, 2010. Practitioner Evaluator.
• New York State Bar Association Antitrust Section Annual Meeting, Merger Guidelines Revisited and Beyond: Annual Review of Antitrust Cases and Developments, New York, New York, January 28, 2010.  Moderator.
• New York State Bar Association Antitrust Section, FTC v. CCC Holdings, Inc., et al., New York, New York, April 15, 2009.  Panelist.
• Healthcare Manufacturers Management Council Annual Conference, Charleston, South Carolina, April 2, 2009.  Antitrust Expert Panelist re: Vendor Credentialing.
• “To Day 100 and Beyond: Antitrust Enforcement in the Obama Administration,” The Antitrust Counselor (March 2009).  Author.
• New York State Bar Association Antitrust Section, Which Way Antitrust? The Impact of the Incoming Obama Administration, New York, New York, December 17, 2008.  Panelist.
• Rutgers University School of Law, Camden, New Jersey, November 11, 2008.  Guest Lecturer in Antitrust introductory class.
• Union Internationale des Avocats, Hot Trends and Topics in Global Competition Law Enforcement, Bucharest, Romania, October 31, 2008.  Panelist re: Abuse of Dominance/Monopolization and Litigation Issues.
• ALI-ABA, Trying and Winning a Civil Antitrust Case, Washington, D.C., June 5, 2008. Panelist re: Proving Antitrust Injury and Damages.
• University of California, Berkeley, Boalt Hall School of Law, Berkeley, California, April 14, 2008.  Guest Lecturer in The Law and Policy of Modern Consumer Payment Systems.
• “Indirect Purchaser Settlements” chapter, Indirect Purchaser Litigation Handbook, American Bar Association Antitrust Section (2007).  Author and Editor.
• American Bar Association Antitrust Section, Don’t Drop Your Bundle: The (New) Rules of the Game for Advising Global Companies on the Legality of Product Bundling, November 27, 2007.  Teleconference Panelist re: Bundling Law in the United States, the European Union and Korea.
• New York State Bar Association Antitrust Section, Antitrust Basics Teleconference Series, August 15, 2007.  Lecturer re: Vertical Restraints and Leegin decision.
• Association of the Bar of the City of New York Antitrust and Trade Regulation Committee, New York, New York, June 27, 2007.  Panelist re: Implications of Twombly.
• Comments of the Sections of Antitrust Law and International Law of the American Bar Association in Response to the Request for Public Comment of the Commission of the European Communities on Damage Actions for Breaches of the EU Antitrust Rules, American Bar Association Antitrust and International Law Sections (May 2006).  Contributing Author.
• New York Women Antitrust Lawyers Network, Litigating Antitrust Cases: Is there a Woman’s Perspective?  New York, New York, January 18, 2006.  Panelist.
• New York State Bar Association Antitrust Section, Summer Associates Program, New York, New York, July 13, 2005, and July 14, 2004.  Moderator.
• New York State Bar Association Commercial and Federal Litigation Section Annual Meeting, Developments in Antitrust Litigation, Saratoga Springs, New York, May 15, 2005.  Panelist.
• Fordham University School of Law, New York, New York, March 30, 2005.  Guest Lecturer in Recent Developments in Antitrust Law.
• ALI-ABA Trying and Winning a Civil Antitrust Case, Washington, D.C., June 10, 2004.  Panelist re: Organizing and Simplifying a Complex Antitrust Case for Trial.
• New York Women Antitrust Lawyers Network, New York, New York, January 20, 2004.  Lecturer re: In re Visa Check/MasterMoney Antitrust Litigation.
• State Antitrust Law, 52-2nd C.P.S. (BNA 2003).  Co-Author and Editor.
• Reviewing the “Ethical Guidelines for Settlement Negotiations,” Outside Counsel, New York Law Journal (August 14, 2002), pg. 4.  Author.