Anna Kertesz
Biography
Overview
Anna Kertesz has extensive experience in merger clearance, counseling (antitrust and consumer protection), and civil and criminal litigation. After her experience at White & Case, Anna served as an attorney at the US Federal Trade Commission (FTC), returning to the Firm in 2016.
This combination of government and private practice experience allows Anna to provide practical, strategic insights for clients. In 2022, Anna was named by Euromoney as "Best in Antitrust/Competition" for the Americas at the Women in Business Law awards. The Legal 500 US ranked Anna as "Recommended" three years in a row and noted, "Thanks to her time spent at the FTC, Anna Kertesz has deep knowledge of merger investigations in oil & gas as well as pharmaceutical sectors." She was named a Leading Litigator by Lawdragon (2022), and is recognized by Who's Who Legal as a "Future Leader" in Competition (2021 and 2022).
Anna regularly defends clients in proposed and consummated mergers before the US Department of Justice Antitrust Division (DOJ) and the FTC in a broad range of industries, including healthcare, food products, food service, petroleum and technology. She also defends government allegations of price-fixing and bid-rigging in various industries, including transportation and construction materials.
As an attorney at the FTC, Anna led or was actively involved in numerous in-depth merger investigations in the oil & gas and pharmaceutical industries. Her involvement spanned various aspects of complex merger investigations, from conducting the initial investigation through obtaining consent agreements. Anna also has experience in market manipulation enforcement activities relating to conduct in the oil & gas industry.
Anna is a frequent speaker and author on various antitrust merger issues.
cum laude
Experience
Defending technology companies in civil conduct investigations in the United States, India, Mexico, and numerous other jurisdictions
GlobalWafers on its approximately US$5 billion acquisition of Siltronic
Meta (formerly Facebook) on its US$5.7 billion investment into a leading Indian ecommerce platform - Jio - combined with a strategic partnership to provide communications and payments channels to users and merchants.
Gained antitrust clearance in the US of Metso Corporation's combination with Finnish rival Outotec. Expedited clearance was obtained, despite the deal combining two businesses that the US authorities forced Metso to separate in a prior enforcement action
Vertex Pharmaceuticals, Inc. in its acquisition of cystic fibrosis drug, CTP-656, from Concert Pharmaceuticals, Inc., for up to US$250 million
Anthem, Inc. in its US$54 billion acquisition of Cigna Corporation
XO Communications, LLC in its US$1.8 billion sale to Verizon Communications
Liberty Dialysis in its acquisition of Renal Advantage in 2010 to create the third-largest US dialysis provider, and represented Liberty Dialysis in its US$1.7 billion acquisition in 2012 by Fresenius, the largest US dialysis provider
Grupo Bimbo in its US$949 million acquisition of Sara Lee Corp.'s North American bakery business
Pilot Travel Centers LLC in its US$1.8 billion acquisition of Flying J Inc.'s travel plaza business before the US FTC. Recognized as one of "The Most Innovative M&A Transactions in the US in 2010" by the Financial Times and named "Turnaround Deal of the Year (Large Market)" and "Divestiture Deal of the Year" for 2010 by The M&A Advisor
WebCT, Inc. before the DOJ Antitrust Division in its merger with rival Blackboard, Inc.
Corporate Counseling Committee Antitrust Update, May 2022, ABA Section of Antitrust Law
The Future of Global Merger Control – Spotlight on Tech and Pharma in the US, UK, EU, and Middle East, September 23, 2021, The Legal 500
Corporate Counseling Committee Antitrust Update, December 2019, ABA Section of Antitrust Law
"Antitrust and Innovation: US Scrutiny of Tech Ripples Across Industry," December 2019, Lexology webinar
"Local Markets Issues in Merger Review", November 2018: ABA Section of Antitrust Law
Getting the Deal Through – Market Intelligence - Merger Control 2020, 2021 and 2022 (with Rebecca Farrington, Tamer Nagy, and Heather Greenfield)
Merger Control in the United States, Merger Control Comparative Guide (6th Edition), The Legal 500 and The In-House Lawyer, (with Axel Schulz and Heather Greenfield)
Antitrust: Extended Timelines and Broader Scope," White & Case, January 31, 2022 (with Rebecca Farrington)
"Everybody Needs Prior Approval! – The FTC Revives and Expands an Old Enforcement Tool over a Scathing Dissent," White & Case, November 10, 2021 (with J. Mark Gidley, Rebecca Farrington, George Paul, Douglas Jasinski, and Ashley Stoner)
"The US FTC Votes 3-2 To Enact a Major Policy Change Relevant to Every Party Involved in Settling a Merger Investigation After Signaling its Intent to Bring Back an Old Practice of Mandatory Prior Approval and Notice Provisions in Consent Orders Earlier this Year," Concurrences, October 25, 2021 (with J. Mark Gidley, Rebecca Farrington, George Paul, Douglas Jasinski, and Ashley Stoner)
"US antitrust policy targets the technology sector," White & Case, September 28, 2021
Merger Control in the United States, Merger Control Comparative Guide (5th Edition), The Legal 500 and The In-House Lawyer, (with Axel Schulz and Heather Greenfield)
"United States: US antitrust agencies were active in merger enforcement in 2019 and 2020, reflecting the agencies’ commitment to antitrust enforcement particularly in transactions involving nascent competitors and technologies," White & Case, May 21, 2021 (with Rebecca Farrington and Heather Greenfield)
"Merging Companies: Consider social factors in US antitrust clearance," White & Case, May 10, 2021 (with J. Mark Gidley, Rebecca Farrington, George Paul, Kathryn Mims and Daniel Rosenthal)
"US antitrust spotlight on the pharmaceutical industry," White & Case, May 10, 2021 (with J. Mark Gidley, Rebecca Farrington, George Paul, Peter Carney, Kathryn Mims, Daniel Rosenthal, Ashley Stoner)
"Expedited Antitrust Merger Clearances in Bankruptcy," White & Case, April 6, 2020 (with J. Mark Gidley, Rebecca Farrington, and George Paul)
"To Litigate, or to Arbitrate: DOJ Reveals Shiny New Tool in Merger Toolbox," White & Case, March 25, 2020 (with George L. Paul and Ashley Stoner)
"Turf Wars: Intensified Antitrust Agency Clearance battles and Implications for Your Clients," The ABA Section of Antitrust Law: The Antitrust Counselor, Issue 14.2, February 2020 (with Christine N. Chang and Naari Ha)
Merger Control in the United States, Merger Control Comparative Guide (4th Edition), The Legal 500 and The In-House Lawyer, (with Veronica Pinotti, Axel Schulz and Martino Sforza)
Merger Control in the United States, Merger Control Comparative Guide (3rd Edition), The Legal 500 and The In-House Lawyer, (with Axel Schulz, Jan Jeram and Daniel J. Rosenthal)
Merger Control in the United States, Merger Control Comparative Guide (2nd Edition), The Legal 500 and The In-House Lawyer, (with Daniel J. Rosenthal)
"Revised Horizontal Merger Guidelines, One Year In," The Deal Magazine, April 2012 (with Noah A. Brumfield)
Three Rules and a Constitution: Consumer Protection Finds Its Limits in Competition Policy, 72 Antitrust L.J. 943 (2005) (co-author)
