Matthew Bachrack’s practice focuses on antitrust matters.

His work includes merger control, criminal and civil investigations, and antitrust counseling, particularly with respect to the United States and the antitrust regimes in Asia. He also has extensive experience in U.S. civil antitrust litigation.

Matthew joined the firm in 2001, became a senior attorney in 2008, and became counsel in 2023. From 2001 to 2009, he was resident in the Washington, D.C., office, and from 2009 to 2015 he was resident in the Hong Kong office, before returning to Washington.

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Notable Experiences

Notable Experience

  • Korean Air in the DOJ investigation of its acquisition of the other leading global airline carrier based in Korea, Asiana

  • Juul Labs in connection with a $12.8 billion investment by Altria Group, and in subsequent FTC Part 3 administrative proceedings and private antitrust class actions in the Northern District of California

  • Broadcom in its $61 billion acquisition of VMware

  • Molson Coors in AB InBev’s $100 billion acquisition of SABMiller and the $12 billion sale to Molson Coors of SABMiller’s interest in their U.S. JV, and in Molson Coors’ JV with Yuengling

  • Leroy Seafood in defense of an ongoing antitrust class action litigation alleging price-fixing among North Atlantic salmon farms

  • Alimentation Couche-Tard Inc., the parent of Circle K, in several transactions, including its $4.4 billion acquisition of the 1,800 convenience store chain, CST

  • América Móvil in the $6.25 billion sale of its subsidiary, TracFone Wireless, to Verizon Communications

  • Sony Pictures Entertainment in its $1.175 billion acquisition of Crunchyroll, AT&T’s anime streaming service

  • PBF on its acquisition of Shell’s Martinez, California refinery for approximately $1 billion and in its acquisition of four Philadelphia area terminals from Plains—achieving a combination of assets previously blocked by the FTC

  • EnCap Energy Capital Fund XI LP and its portfolio companies, Verdun Oil Company II LLC, and XCL Resources Holdings LLC, in EnCap’s $1.4 billion acquisition of EP Energy

  • Aisin Seiki, Omron, NSK, and Valeo in cartel investigations by the DOJ and other antitrust authorities into possible price fixing in the automotive parts industry; also defending against related civil litigation for several of the clients above

  • Veolia Environnement S.A. before the Antitrust Division of the U.S. DOJ in its hostile acquisition of Suez S.A. through a public takeover bid, combining two of the largest four national providers of municipal and industrial water and wastewater services

  • Fresenius Medical Care North America in the $2.4 billion carve-out combination of its Fresenius Health Partners business with Cricket Health and InterWell Health

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Publications

Daniel Culley, Elaine Ewing, Jeremy J. Calsyn, Leah Brannon, Matthew Bachrack, David I. Gelfand, D. Bruce Hoffman, Steven J. Kaiser, Gabriel J. Lazarus, Kenneth Reinker, Ryan Shores, Brian Byrne, George S. Cary, and Heather S. Nyong’o, “FTC & DOJ Propose Radical Changes to Merger Guidelines,” Cleary Gottlieb Alert Memorandum, July 24, 2023.

James Modrall, Matthew Bachrack and Cunzhen Huang, “MOFCOM Publishes Draft Merger Remedy Rules,” Competition Policy International, May 21, 2013.

James Modrall, Matthew Bachrack and Cunzhen Huang, “Antitrust Litigation in China – A Step Forward,” Competition Policy International, June 18, 2012.

James Modrall, Matthew Bachrack, Cunzhen Huang and Shan Hu, “China’s MIIT Issues Final Internet Rules,” Intellectual Property & Technology Law Journal, June 2012.

Matthew Bachrack and Xuemei Lu, “Africa, Asia & Australia Enforcement Update,” American Bar Association Section of Antitrust Law, Unilateral Conduct Committee Newsletter, 2011, Volume 9, Issue 1.

Jay Modrall, Matthew Bachrack and Shan Hu, “China’s Divestiture Remedies Rules,” American Bar Association Section of Antitrust Law, International Antitrust Bulletin, 2010, Volume 3.

Cunzhen Huang, Jay Modrall and Matthew Bachrack, “First Price Cartel Cases Under the Chinese AML,” American Bar Association Section of Antitrust Law, International Antitrust Bulletin, 2010, Volume 2.

David Gelfand, Matthew Bachrack, and Farrell Malone, “Tastes Great ... Less Shipping,” American Bar Association Section of Antitrust Law, Merger and Acquisitions Committee’s “The Threshold”, Volume No. VIII, Issue No. 1 (a summary of the DOJ’s investigation of the Miller-Coors joint venture).

James Modrall, Matthew Bachrack, and Cunzhen Huang, “Merger Control under China’s Antimonopoly Law: The First Year,” The China Business Review, July-August 2009.

James Modrall, Matthew Bachrack, and Cunzhen Huang, “China’s Anti-Monopoly Law: One Year On,” Bloomberg Law Reports - Asia-Pacific, Vol. 2, No. 6.

James Modrall, Matthew Bachrack, and Cunzhen Huang, “Shanghai’s First Use of China’s Anti-Monopoly Law,” Law360, Competition Law, November 18, 2009.