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Barry A. Pupkin
Senior Partner
Barry Pupkin practices primarily before the Federal Trade Commission and the US Department of Justice, as well as other regulatory and legislative bodies including the Merger Task Force of the European Commission, US Congress and the Committee on Foreign Investment in the United States.
Barry has been listed in the three most recent editions of the Guide to the World’s Leading Competition and Antitrust Lawyers.
His work includes representing clients in domestic and international business combinations including mergers, acquisitions, joint ventures and strategic alliances. He also has substantial experience representing both US-based and non-US-based companies in international cartel investigations.
Barry’s experience includes antitrust and general regulatory counseling, compliance and litigation on diverse issues including advertising, trade association activities, competitive relationships, regulatory agency investigations, distribution, exclusive dealing, monopolization, pricing, product safety and vertical integration. He represents both US and international clients in civil, criminal and administrative matters.
Barry’s clients include publicly and privately held companies, trade associations and individuals. His clients conduct business in a variety of fields throughout the world including energy, financial services, healthcare, telecommunications, petrochemicals, pharmaceuticals, steel, avionics, plastics and consumer products.
Barry has been involved in some of the most significant cartel and international merger cases during the last decade. He has written and spoken extensively on all areas of competition law and regulatory enforcement.
Barry is a member of the Board of Advisers of The Antitrust Counselor, a periodical that reports on competition, trade regulation and compliance issues.
- Representing a large Japanese chemical manufacturer in the acquisition of assets from one of the largest US chemical manufacturers where assets were located in Asia, Europe, Latin America and North America.
- Representing large companies in France and Belgium and various French, Belgian and UK nationals in an international price fixing cartel investigation, US indictment and trial involving industrial diamonds.
- Representing a French conglomerate in the seriatim acquisitions of two of the three largest competitors in a specialty chemical market.
- Representing a Japan-based manufacturer of equipment used in the production of integrated circuits in the acquisition of a direct competitor located in the United States, where that acquisition took place in a concentrated market and involved the timely and successful completion of a second request from the US Department of Justice.
- Representing a US-based chemical company in the asset acquisition of five product lines from a German conglomerate where the assets purchased were located in 26 countries necessitating merger control filings in countries on five continents.
- Representing a large Europe-based phosphates manufacturer in negotiations with the Federal Trade Commission about the purchase of assets that were required to be divested as a condition to approving a merger transaction between two competitors.
- Representing a US-based automobile tire manufacturer in the formation of a strategic alliance with a tire company located in Europe.
- Representing a substantial US-based manufacturer of athletic footwear in a resale price-maintenance investigation by the Federal Trade Commission.
- Developing distribution programs, including MAP policies, for manufacturing companies.
- Representing an industry trade association in drafting and counseling with regard to a business review letter concerning the exchange of proprietary information necessary for the implementation of a program for the trading of equity securities in decimals.
- Representing a major US-based pipe manufacturer in various successful asset acquisition and sales transactions investigated by the FTC, including FTC initiated second requests.
- Representing more than a dozen foreign acquiring parties from China, France and Japan in transactions in which notifications were made to the Committee on Foreign Investment in the United States (CFIUS), including the representation of a Japan-based manufacturing company in the acquisition of a US-based producer of optical devices and components. All such notifications were ultimately cleared by CFIUS.
- Representing a US-based chemical company in the asset acquisition of five product lines from a German conglomerate where the assets purchased were located in 26 countries necessitating merger control filings in countries on five continents.
- Representing a large Europe-based phosphates manufacturer in negotiations with the FTC about the purchase of assets that were required to be divested as a condition to approving a merger transaction between two competitors.
- Representing a US-based automobile tire manufacturer in the formation of a strategic alliance with a tire company located in Europe.
- Representing a substantial manufacturer of athletic footwear in a resale price-maintenance investigation by the FTC.
- Representing a trade association in drafting and counseling with regard to a business review letter concerning the exchange of proprietary information necessary for the implementation of a program for the trading of equity securities in decimals.
- Representing a Japan-based telecommunications company in the acquisition of an undersea cable owner.
- Representing a Japan-based trading company in a US$1.6 billion food products company acquisition.
Education
- Stanford University, J.D., board of editors, Stanford Law Review, 1975
- San Diego State University, A.B., summa cum laude, 1972
Admissions
- District of Columbia, 1976
Courts
- U.S. Dist. Ct., Dist. of Columbia
- U.S. Dist. Ct., E. Dist. of Michigan
- Selected by BTI Consulting Group as a 2018 Client Service All-Star
- Received the highest ranking for legal ability and professional ethics from the Martindale-Hubbell Peer Review Ratings
- Named by Legal Media Group to its Guide to the World’s Leading Competition and Antitrust Lawyers