O’Melveny, Arnold & Porter defend Penguin Random House in DOJ antitrust case

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(Reuters) – O’Melveny & Myers litigation head Daniel Petrocelli will function lead trial counsel for Penguin Random House LLC towards the U.S. Justice Division’s lawsuit filed on Tuesday to dam the corporate’s plan to purchase rival writer Simon & Schuster Inc.

Petrocelli, a Los Angeles-based O’Melveny companion and vice chair of the agency, is working with Arnold & Porter Kaye Scholer and its antitrust follow workforce, led by companion Debbie Feinstein, a former chief of the Federal Commerce Fee’s enforcement bureau.

Petrocelli was lead trial counsel to AT&T Inc in defending its acquisition of Time Warner Inc. The U.S. Courtroom of Appeals for the D.C. Circuit in 2019 upheld a trial decide’s order permitting the $85 billion deal.

The Justice Division’s lawsuit filed in Washington, D.C., federal court docket stated Penguin Random House’s $2.17 billion deal would give it “outsized influence over who and what is published, and how much authors are paid for their work.” German media group Bertelsmann SE & Co. KGaA owns Penguin Random House, the world’s largest ebook writer.

Petrocelli didn’t instantly return messages looking for remark, however in a press release from Penguin Random House he stated the DOJ’s lawsuit was “wrong on the facts, the law, and public policy.”

Feinstein referred inquiries to Penguin Random House.

New York-based Simon & Schuster, a subsidiary of ViacomCBS Inc, is represented by Shearman & Sterling antitrust companion Jessica Delbaum, who didn’t instantly return a message looking for remark.

Delbaum is counsel to JetBlue Airways Corp in an antitrust lawsuit the Justice Division filed in September in Boston federal court docket to cease a partnership with American Airways Group Inc. JetBlue maintains the alliance has led to decrease fares.

The Justice Division’s lead trial lawyer, antitrust division veteran John Learn, didn’t instantly return a message looking for touch upon Tuesday. Learn was on the DOJ workforce that sued Visa Inc final yr to cease its $5.3 billion merger settlement with Plaid Inc. Visa known as off the deal in January.

The case is United States v. Bertelsmann SE & Co KGaA, U.S. District Courtroom for the District of Columbia, No. 1:21-cv-02886.

For the US: John Learn of the Division of Justice

For Penguin Random House: Daniel Petrocelli of O’Melveny & Myers

For Simon & Schuster: Jessica Delbaum of Shearman & Sterling

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