Grunes, Allen P.

Co-founder, The Konkurrenz Group

U.S. Department of Justice Antitrust Division

Allen Grunes concentrates on antitrust issues, advising clients on mergers and acquisitions and compliance with the Hart-Scott-Rodino (HSR) Act. He represents clients in federal court, before the federal and state antitrust agencies, the Federal Communications Commission and Congress and also provides counsel on civil non-merger matters. He has extensive experience in a range of industries, including media and entertainment, telecommunications and the high-tech sector.

Before returning to Brownstein, Allen co-founded The Konkurrenz Group where he advised small businesses, Fortune 500 firms, consumer advocacy groups and labor organizations on issues of competition law and policy.

Allen’s prior experience also includes more than a decade at the U.S. Department of Justice Antitrust Division, where he led many merger and civil non-merger investigations in radio, television, newspapers, motion pictures and other industries. He was part of the litigation team in a number of important cases brought by the United States, including United States v. Alex. Brown & Sons (NASDAQ Market Makers) and United States v. National Association of Realtors.

Allen writes and speaks frequently on antitrust topics. He also provided analysis for media, including Bloomberg, Reuters, The Wall Street Journal, Communications Daily, the Associated Press and Law360.

Previous Experience

Co-founder, The Konkurrenz Group

U.S. Department of Justice Antitrust Division

Representative Matters
  • Counsel to Nelnet in its acquisition of Great Lakes Educational Loan Services, Inc. from Great Lakes Higher Education Corporation.

  • Counsel to the International Brotherhood of Teamsters in opposition to the proposed Sysco/US Foods merger before the Federal Trade Commission.

  • Counsel to Kroenke Sports & Entertainment, LLC in its acquisition of the Sportsman Channel and related properties from InterMedia Partners, LP.

  • Counsel to RV Management Corp. and its subsidiary, Renal Ventures Management, LLC in the sale of 100% of the issued and outstanding equity interests of Renal Ventures Management, LLC to DaVita Inc. Renal Ventures Management, LLC owned and operated approximately 40 renal dialysis clinics in the states of Texas, Iowa, Pennsylvania, West Virginia, and New Jersey. The sale included a full sale process run by Raymond James, comprehensive negotiations with DaVita Inc., a detailed antitrust review process before the Federal Trade Commission, the divestiture by DaVita Inc. of several clinics (including three acquired clinics), and the spin-off of the infusion and vascular lines of business post-closing.

  • Counsel to Regional Care Services Corporation, the parent company of Casa Grande Regional Medical Center based in Casa Grande, Arizona, in negotiating the sale of the hospital assets to Banner Health pursuant to an Asset Purchase Agreement and related transactions.

  • Counsel to Warner Music Group in connection with the Universal/EMI merger before Congress and the Federal Trade Commission.

  • Counsel to Lube Distributions Holdings Inc., a portfolio company of KRG Capital Partners in the sale of Petro-Choice, the largest distributor of consumable commercial, industrial and passenger vehicle lubricants in the Mid-Atlantic and Upper Midwest regions of the U.S., to Greenbriar Equity Group.

  • Advocated against AT&T’s proposed $39 billion takeover of T-Mobile for an informal coalition of companies seeking to preserve a competitive mobile wireless marketplace.

  • Filed an amicus brief on behalf of Intellectual Ventures Management and individual inventors in the U.S. Supreme Court in the Microsoft Corporation v. i4i Limited Partnership patent case. At issue was the appropriate standard of proof in a patent validity challenge. In the brief, amici argued that the statutory presumption of patent validity and long-standing precedent support the application of the existing "clear and convincing" standard. Further, given the importance of innovation and investment to the U.S. economy, a change in the standard would disturb the careful balance Congress has created and diminish the value of patents. Brownstein attorneys worked with co-counsel at Susman Godfrey on the preparation of the brief. On June 9, 2011, the Supreme Court upheld the application of the "clear and convincing" standard in an 8-0 decision.

  • Counsel to Graham Packaging Company, L.P. in a $568 million strategic acquisition of another manufacturer and supplier. In the transaction, Graham Packaging Company acquired all of the limited partnership units of the target company from the company's limited partners and all of the stock of each of the company's three corporate general partners from their stockholders. A manufacturer and supplier of technology-based, customized blow molded plastic containers for the branded food and beverage, household, personal care/specialty and automotive lubricants product categories, Graham Packaging Company is a portfolio company of Blackstone Capital Group.

  • Counsel to an individual in an international criminal antitrust investigation brought by the U.S. Department of Justice and European authorities in the worldwide shipping/freight-forwarding industry.

  • Counsel to a class of temporary nurses in federal antitrust litigation against a state-wide hospital association and several individual hospitals in Arizona. The case resulted in a $24 million settlement.

News & Events
Publications & Presentations
Education
  • LL.M., 1986, New York University School of Law
  • J.D., 1983, Rutgers University School of Law - Camden
  • A.B., 1979, Dartmouth College
Admissions
  • District of Columbia
  • Ohio
  • Illinois
  • U.S. District Court, District of Columbia
  • U.S. Supreme Court
Recognition

Washington, D.C., Super Lawyers, 2013-2020

Membership

Past President, Bar Association of the District of Columbia

Advisory Board, American Antitrust Institute

Advisory Board, Institute for Consumer Antitrust Studies

American Bar Association, Antitrust Section