Adam J. Di Vincenzo is a partner in Gibson Dunn’s Antitrust and Competition Law Practice Group. He has extensive experience representing clients in government antitrust investigations, particularly investigations involving proposed mergers, acquisitions, and joint ventures.
Mr. Di Vincenzo’s practice encompasses a wide range of antitrust enforcement and litigation matters arising in and outside the U.S. He has represented numerous clients before antitrust and competition enforcement authorities in the United States (including the DOJ and FTC), European Union, and other jurisdictions in connection with mergers, acquisitions, joint ventures, intellectual property issues, standard-setting activities, and other matters. He also regularly counsels clients on regulatory and compliance issues, including issues arising under the Sherman Act, the Clayton Act, the Robinson-Patman Act, and the Hart-Scott-Rodino (HSR) Act. He works with clients across a diverse array of industries, including energy, health care, insurance, retail, gaming, agriculture, chemicals, consulting, entertainment, pharmaceuticals, medical devices, manufacturing, transportation, media, telecommunications, software, semiconductors, wood products, and consumer products.
Mr. Di Vincenzo was named to Global Competition Review’s list of the top “40 under 40” competition attorneys worldwide, and to Who’s Who Legal: Competition in 2017 and 2018. He was also one of five lawyers profiled by Law360 as a 2014 “Rising Star” in competition law. Super Lawyers identified Mr. Di Vincenzo a “Rising Star” in antitrust litigation each year from 2013-2015, and as a “Super Lawyer” in antitrust litigation each year from 2016-2018.
- AT&T in its $85 billion merger with Time Warner, including the DOJ investigation and subsequent trial in federal district court (United States v. AT&T, Inc.)
- AT&T in its $49 billion acquisition of DirecTV, which was cleared by the DOJ and FCC subject to an FCC consent order
- Lead antitrust counsel for Williams in its $33 billion proposed merger with Energy Transfer, which was cleared by the FTC subject to divestitures
- Global antitrust counsel for Schlumberger in its proposed OneStim joint venture with Weatherford (2017), $14.6 billion acquisition of Cameron International (2016), OneSubsea joint venture with Cameron International (2013), sale of its Wilson Distribution business to National Oilwell Varco (2012), and $11 billion acquisition of Smith International (2010)
- Lead antitrust counsel for Walmart in its $3 billion acquisition of Jet.com, which was cleared by the FTC in 2016, and in its 2017 acquisition of Bonobos
- Lead antitrust counsel for Towers Watson in its $18 billion merger with Willis
- Lead antitrust counsel for Ameristar Casinos in its $2.8 billion sale to Pinnacle Entertainment, which the FTC cleared following a second request investigation and negotiated consent decree
- Lead antitrust counsel for the Dole Food Company in the $1.6 billion sale of its Asia Fresh and worldwide packaged foods businesses to Itochu, which required expedited antitrust approvals in seven jurisdictions around the world
- CareCore in Sherman Act Section 1 litigation (E.D.N.Y.)
- Norbord in its $600 million acquisition of Ainsworth, in which the Gibson Dunn team obtained unconditional clearance following a formal DOJ investigation
- Intel in its $16.7 billion acquisition of Altera in 2015, which was cleared by the FTC and other authorities without conditions
- Ticketmaster in its merger with Live Nation, which was cleared subject to a consent decree following formal investigations by the DOJ, various U.S. congressional committees, the UK competition authorities, the Canadian Bureau of Competition, and over two dozen U.S. state attorneys general
- Tenet Healthcare in its proposed acquisition of Emmanuel Medical Center, a hospital in California’s Central Valley, which the FTC cleared unconditionally following a second request investigation
- Lead antitrust counsel for Louis Dreyfus Hybridge Energy in its $1.95 billion sale of pipelines, and natural gas liquids storage and processing plants to a joint venture between Regency Energy Partners and Energy Transfer Partners, which the FTC investigated and cleared without conditions
- Ancestry.com in its acquisition of rival Archives.com
- Dell in connection with the FTC’s investigation of licensing practices by a standard-essential patent owner, leading to a landmark FTC consent order (In the Matter of Negotiated Data Solutions “N-Data”) involving the applicability of the antitrust laws to SEP licensing practices
- Lead antitrust counsel for Power-One, a supplier of renewable energy solutions, in its $1 billion sale to ABB
- Allergan in its $3.2 billion acquisition of Inamed, which the FTC cleared following a second request investigation and a negotiated consent decree
Professional Activities and Publications
Mr. Di Vincenzo currently serves as a Senior Editor of the American Bar Association’s Antitrust Law Journal and as an editor of Antitrust Laws & Trade Regulation: Desk Edition (published by LexisNexis). He has previously served as a Vice Chair of the Communications and Digital Technology Industries Committee of the ABA’s Section of Antitrust Law and Editor-in-Chief of Icarus, the committee newsletter.
His publications and speaking engagements include:
- Panelist, “Antitrust & Competitor Collaborations: What Every In-House Lawyer Needs to Know,” before the Association of Corporate Counsel (June 2017)
- Steve Glover, Adam J. Di Vincenzo, and Aarthy Thamodaran, Transaction Planning: Allocating Antitrust Risk in Merger Agreements, Insights: The Corporate and Securities Law Advisor (October 2013)
- Speaker, “Navigating Antitrust M&A Investigations,” Gibson Dunn Webcast (June 2013)
- Speaker, “Exclusionary Conduct Under the Antitrust Laws,” Strafford Webinars & Teleconferences (December 2012)
- Speaker, “Standard Setting Case Study Panel: Recent and Current Cases Impacting Antitrust Enforcement” before the Antitrust Enforcement in Global Technology Markets Conference in Seattle, WA (LSI, June 2010)
- M. Sean Royall & Adam J. Di Vincenzo, Evaluating Mergers Between Potential Competitors Under the New Horizontal Merger Guidelines, 25 ANTITRUST 1 (2010)
- M. Sean Royall, Amanda Tessar, & Adam Di Vincenzo, Deterring “Patent Ambush” in Standard Setting: Lessons from Rambus and Qualcomm, 23 ANTITRUST 34 (2009)
- M. Sean Royall & Adam J. Di Vincenzo, The FTC’s N-Data Consent Order: A Missed Opportunity to Clarify Antitrust in Standard Setting, 22 ANTITRUST 83 (2008)
Mr. Di Vincenzo received his J.D. cum laude from Duke University School of Law in 2002, where he served as an Articles Editor for the Journal of Law and Contemporary Problems. He also received a Master of Public Policy (M.P.P.) from the Terry Sanford Institute of Public Policy at Duke University and a B.A. in Economics and Political Science (with honors) from the University of Richmond.