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.
Counsel to Liberty Latin America providing antitrust counsel in connection with its $1.95 billion acquisition of AT&T’s wireless and wireline operations in Puerto Rico and the U.S. Virgin Islands. The transaction combined AT&T’s leading mobile business in Puerto Rico with Liberty Puerto Rico’s leading high-speed broadband and TV business to create a strong and competitive integrated communications player. The transaction was reviewed by the U.S. DOJ and Liberty Latin America agreed to divest certain business-to-business operations in Puerto Rico to WorldNet Telecommunications or another acquirer approved by the U.S.
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.
The Competition and Antitrust Law Enforcement Reform Act: Section-by-Section AnalysisBrownstein Client Alert, February 22, 2021
What the Biden DOJ Can Learn From the Clinton and Obama Years on How to Tackle America’s Monopoly Problem Author, ProMarket, February 15, 2021
The FTC Announces Decreased HSR Thresholds for 2021
Brownstein Client Alert, February 5, 2021
Proving Impact on Consumer Welfare in “Free” Markets
Speaker, Antitrust Law: Big Data CLE, Ohio State Bar Association, November 12, 2020
Developing International Perspectives on Market Definition in Digital MarketsAuthor, American Antitrust Institute Online Symposium, June 30, 2020
Summer 2020 Health Care Business Roundtable: Navigating a Brave New WorldBrownstein Podcast Series, June 25, 2020
Trends in Health Care Business: Navigating a Brave New WorldBrownstein Client Alert, June 24, 2020
Vertical Mergers Receive Increased Attention from Federal and State Antitrust AuthoritiesBrownstein Client Alert, March 16, 2020
FTC Announces Increased HSR Thresholds for 2020Brownstein Client Alert, January 29, 2020
Emerging Issues in Ecommerce: Competition, Distribution, Data and Platform Power
Panelist, New York State Bar Association, International Section, Stockholm, Sweden, May 6-7, 2019
Antitrust Analysis of Data
Panelist, FTC Hearings on Competition and Consumer Protection in the 21st Century, American University Washington College of Law, Washington, D.C., November 7, 2018
Roles and Anti-Competitiveness of Big Data in the Digital Economy
Panelist, The 10th Seoul International Competition Forum, Korea Fair Trade Commission, Seoul, South Korea, September 13, 2018
Antitrust and the Music Industry
Co-author, Morning Consult, July 17, 2018
The Important Role of Competition Law in the Digital Economy--and Some of the Challenges
Presenter, XIII Taller Internacional de Regulación, Comisión de Regulación de Comunicaciones, Cartagena, Colombia, July 17-19, 2018
Price Discrimination as a Violation of the Sherman Act
Panelist, 18th Annual Loyola Antitrust Colloquium, Chicago, Illinois, April 20, 2018
DOJ v. AT&T: Discussion and Preview of Key Arguments at Trial
Panelist, The Capitol Forum and American University Washington College of Law, Washington, D.C., March 15, 2018
What are the Goals of Antitrust? What Should They Be?
Panelist, 21st Annual Antitrust Symposium, George Mason University School of Law, Arlington, Virginia, February 16, 2018
Washington, D.C., Super Lawyers, 2013-2020
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