Philip A. Giordano draws on more than 15 years of experience as a prosecutor in the Antitrust Division of the US Department of Justice, most recently as a Trial Attorney in the National Criminal Enforcement Section, to represent and counsel clients regarding a variety of national and international antitrust matters. His experience includes complex criminal antitrust investigations and litigation, civil non-merger government investigations and mergers and acquisitions.

Mr. Giordano's experience in antitrust matters spans a diverse set of industries, including computer hardware and software, auto parts, financial services, entertainment, publishing, chemicals, air cargo transportation and consumer goods.

As a trial attorney in the Antitrust Division’s National Criminal Enforcement Section, Mr. Giordano prosecuted numerous cartel and related violations, including wire fraud, obstruction of justice, perjury, bribery and accepting kickbacks. Previously, Mr. Giordano was Special Assistant to the Directors of Enforcement in the Antitrust Division’s Office of Operations, where he assisted Directors and Deputy Assistant Attorneys General in criminal matters and in merger and civil non-merger cases. In that capacity, he recommended indictments, plea agreements and civil complaints, and worked on leniency applications, requests for immunity and a variety of consent decrees.

Mr. Giordano earlier served as a trial attorney in the Antitrust Division’s Network and Technology Section, where he led or participated in more than 60 significant merger and civil non-merger investigations and enforcement actions, primarily in the technology and financial services markets. His responsibilities there included developing economic and legal theories of harm, issuing and enforcing Second Requests under the Hart-Scott-Rodino Antitrust Improvements Act and negotiating consent decrees.

Experience

  • Currently representing a for-profit higher education group in a suit for alleged false advertising brought by the Federal Trade Commission.
  • Currently representing automotive Tier I supplier in contract dispute with sub-supplier over quality of components purchased from sub-supplier.
  • United States v. Hitachi Automotive Systems. Representing the United States, prosecuted auto parts manufacturer and obtained a US$195 million criminal fine for a cartel violation in the auto parts industry.
  • United States v. Panasonic Corporation. Representing the United States, prosecuted auto parts manufacturer and its subsidiary, obtaining US$56.5 million in criminal fines for cartel violations in the auto parts industry.
  • United States v. Mitsubishi Heavy Industries. Representing the United States, prosecuted auto parts manufacturer and obtained a US$14.5 million criminal fine for a cartel violation in the auto parts industry.
  • United States v. Florida West International Airways. Represented the United States in a dispositive evidentiary hearing in the Southern District of Florida regarding an alleged cartel violation in the air cargo transportation industry.
  • United States v. Ticketmaster Entertainment and Live Nation. Representing the United States, obtained a consent decree allowing an US$889 million merger in the market for primary ticketing on condition that the acquirer license its ticketing software to competitors, divest ticketing assets and abide by anti-retaliation restrictions on its conduct.
  • United States, led a DOJ investigation of a major financial services corporation's exclusionary conduct with respect to pinless debit cards resulting in changes to the company's operating regulations in a favorable civil settlement.
  • United States, led a DOJ investigation of a proposed multibillion dollar acquisition of a data management software developer by a leading security software developer.
  • United States, led a DOJ investigation of a proposed multimillion dollar merger of optical fingerprint scanning and identification systems manufacturers involving the issuance of a Second Request.
  • United States, led a DOJ investigation of a proposed multibillion dollar acquisition of a leading online payment service provider by a leading online auction and shopping website.
  • United States, in the merger of Chicago Board of Trade and Chicago Mercantile Exchange, investigated and issued a Second Request regarding a proposed multibillion dollar merger of the two largest US futures and options exchanges.
  • United States v. First Data Corporation and Concord EFS. Representing the United States, obtained a consent decree allowing a US$7 billion merger in the market for debit network services while requiring the divestiture of the NYCE debit network.
  • United States v. Microsoft Corporation. Representing the United States, enforced a consent decree against Microsoft requiring the development of middleware-neutral software settings and defaults, and acted as liaison to plaintiff States and the European Union.
  • United States, in merger of SABMiller and Molson Coors, investigated a proposed multibillion dollar merger of two leading beer brewers involving issuance of a Second Request.

Credentials

Education
  • JD, Stanford Law School, 1997
  • BS, General Engineering, Stanford University, 1988
  • BA, Quantitative Economics, Stanford University, 1988
Admissions
  • California
  • District of Columbia
  • Supreme Court of the United States
  • US Court of Appeals for the Ninth Circuit
Government and Military Service
  • Prosecutor, Antitrust Division of the DOJ
  • Trial Attorney, Antitrust Division's National Criminal Enforcement Section
  • Trial Attorney, Antitrust Division's Networks and Technology Section
Activities
  • Member, American Bar Association, Antitrust Section

  • Member, Bar Association of San Francisco

Overview

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