Peter Sullivan is a partner in the New York and Brussels offices of Gibson, Dunn & Crutcher. Mr. Sullivan is a long-time Co-Chair of Gibson Dunn’s Antitrust and Competition Practice Group and, as such, oversees Gibson Dunn’s international antitrust practice. He is also a member of Gibson Dunn’s Litigation and Class Actions Practice Groups.

Mr. Sullivan has been practicing in the antitrust and complex litigation areas for over 30 years. His practice involves all aspects of antitrust enforcement, including civil, international, criminal and merger matters and governmental investigations, as well as related unfair competition and consumer issues. Mr. Sullivan also has a diverse and complex litigation practice emphasizing antitrust and consumer class actions with matters across the country. His clients include entities in the United States, the Netherlands, Japan, the United Kingdom, Switzerland, Germany, Israel, Russia and Canada in the high-technology, financial services, motor vehicle, airline, restaurant, medical supply, steel, television, hospitality, entertainment, packaging, chemical, manufacturing and communications industries.

Mr. Sullivan counsels clients on litigation and competition concerns, providing strategic advice and direction. He also regularly advises clients on multifaceted distribution issues, particularly with respect to the relationships between manufacturers and their dealers/distributors, including issues related to: dealer agreements, dealer pricing (including price discrimination issues), dual distribution, territorial and customer limitations, terminations and exclusive arrangements. He also advises clients with respect to their relationships with competitors including issues related to joint ventures, joint development ventures and joint purchasing arrangements, among many other matters. Mr. Sullivan has represented some of the world’s most recognizable brands in difficult and complex mergers and joint venture agreements.

Mr. Sullivan has long been ranked as a leading antitrust lawyer by Chambers USA: America’s Leading Lawyers for Business. This year the publication summed up its assessment of Mr. Sullivan by stating that he simply does a “fabulous job.” Commenting on his New York antitrust team, one client reported to Chambers: “The team truly partners with us and takes an interest in learning the nuances of our business, to provide highly customized advice. I also appreciate its commitment to work within our budget.”

Mr. Sullivan is listed in other publications that rank the world’s leading antitrust practitioners as well, including Who’s Who Legal, Global Competition Review 2010, Euromoney Legal Group’s Guide to the World’s Leading Competition and Antitrust Lawyers, Mondaq’s Guide to Leading Competition Attorneys and The Best Lawyers in America© (published in The New York Times).

Representative Matters

Mr. Sullivan has extensive trial experience, particularly with respect to antitrust and consumer class actions. He has represented entities in high-profile trials in antitrust, intellectual property and other class action matters in federal and state courts across the country.

For example, Mr. Sullivan has defended one of America’s most prominent high-tech companies in a series of monopolization cases in the United States and the European Union, a major motor vehicle manufacturer in scores of antitrust class actions across the United States and in Canada, a coal company in a price-fixing and monopolization case, a major airline in a conspiracy case and a major food distributor in a price discrimination case (Robinson-Patman). He has also represented major consumer brands in mergers and joint ventures.

UBS AG: Representation of UBS in connection with regulatory investigations around the world and over forty class and individual civil actions that claim unlawful manipulation and collusion in the process of setting LIBOR reference rates. In March of 2013, the Multi-District Court granted defendant’s motion to dismiss plaintiffs’ antitrust claims, among others. This was a very significant victory for UBS.
Hewlett-Packard Company: Representation of Hewlett-Packard (HP) in a series of consumer class and unfair competition actions brought in 14 different states. In the California case, the California Superior Court denied class certification and granted summary judgment in favor of HP. While a court in North Carolina certified a class, a unanimous jury found against the class, and in favor of HP, on all counts.
Hewlett-Packard Company: Representation of Hewlett-Packard (HP) in proceedings brought by the European Commission relating to HP’s inkjet printer business; they were resolved favorably to HP.
Nissan Motor Ltd. and Nissan North America, Inc.: Representation of Nissan Motor and Nissan North America in antitrust litigation brought by gray market importers of Nissan parts that claimed Nissan engaged in tying arrangements, exclusive dealing and other antitrust violations with respect to sales of parts to Nissan dealers. The United States District Court for the Central District of California granted summary judgment in favor of the Nissan entities and dismissed the antitrust claims.
Hewlett-Packard Company: Representation of Hewlett-Packard (HP) in antitrust litigation (in the United States District Court for the Northern District of California) brought by a competitor alleging that HP engaged in monopolization of printer supplies, illegal conspiracy and tying arrangements, among other charges. After a three-month jury trial, the jury found for HP on all of the antitrust claims. This litigation was followed by a consumer class action against HP brought in California state court. Mr. Sullivan obtained summary judgment in HP’s favor in this antitrust class action.
Nissan North America, Inc.: Representation of Nissan in over 70 antitrust class actions brought against them in scores of federal and state courts around the United States. Although the trial court originally certified one of the largest class actions in history, Mr. Sullivan successfully petitioned the United Stated Court of Appeals for the First Circuit for immediate review of that decision. The First Circuit not only reversed the class certification, but dismissed one of the class claims outright. On remand, the trial court granted summary judgment in Nissan’s favor.
In these cases, Nissan Motor Ltd. (Japan) and Nissan Canada, Inc. were also sued. Mr. Sullivan represented these Nissan entities as well and obtained early dismissals for both based on a lack of personal jurisdiction. Where appealed by plaintiffs, these dismissals were affirmed on appeal. The dismissals “affirmed” the rights of parent companies to make sales in the United States through U.S. subsidiaries without subjecting themselves to antitrust jurisdiction in the United States.
Japanese national: Representation of a Japanese national in the U.S. Department of Justice’s investigation of automobile parts suppliers.
GES, Inc.: Representation of GES, the country’s largest provider of exposition services, in wide-ranging litigation that contended it had engaged in monopolization and other alleged violations of the antitrust laws. This case was ultimately settled on very favorable terms to GES.
Multinational consumer products company: Representation in Colorado state court of a multinational consumer products company in a multimillion-dollar litigation involving antitrust, unfair competition and contract claims. This case was successfully tried to a jury by Mr. Sullivan.
Foster & Kleiser: Representation of Foster & Kleiser (F & K), the nation’s largest outdoor advertising company, in a criminal antitrust case involving claims of horizontal market division. This matter and its follow-on civil cases were settled advantageously to F & K.
Sunclipse, Inc.: Representation of Sunclipse in a series of litigation involving the theft of confidential business information by former employees. All of this litigation was resolved favorably to Sunclipse.
Nissan North America: Representation of Nissan North America in a tying litigation. This case in the District of Maryland was dismissed on summary judgment. The Fourth Circuit affirmed.
MonoSol, LLC: Representation of MonoSol in the sale of its business to Kuraray Co., LLC. This transaction garnered much attention at the Federal Trade Commission given the market shares of the parties in certain water soluble film products. While the Federal Trade Commission was poised to issue a second request, it ultimately decided not to as its serious competitive concerns were laid to rest by Mr. Sullivan.
Enterprise Rent-A-Car: Representation of Enterprise Rent-A-Car in its acquisition of Vanguard Rent-A-Car (National and Alamo brands) to form the largest daily rental car business in the United States. This transaction was cleared in Europe and the U.S. without a second request.
Nissan North American: Representation of Nissan in its joint venture with the French company, Renault, advising it on a number of facets of that venture, including joint purchasing and coordination issues.
Nissan: Representation of Nissan with respect to the antitrust issues raised by the proposed alliance among Nissan, Renault and Chrysler.
Israeli company: Representation of an Israeli company in its divestiture of its assets to a competitor.
Coty, Inc.: Representation of Coty in its $950 million dollar acquisition of OPI. Coty is the market leader in nail color, selling nail color under the Sally Hansen name. OPI was a very major player in nail color (OPI brand; Nicole by OPI). This transaction presented complex issues of market definition magnified by the substantial market shares of Sally Hansen and OPI. Antitrust issues were raised in the United States, Germany, the UK and Italy. This transaction has cleared without conditions.
Coty, Inc.: Representation of Coty in its $1 billion dollar acquisition of Philosophy from the Carlyle Group. Philosophy is an innovative makeup line. This transaction was granted early termination.
Transatlantic Reinsurance: Representation of Transatlantic Reinsurance in its complex $3.4 billion sale to Alleghany Corporation which involved complex antitrust issues brought about by a prolonged bidding war between Berkshire Hathaway, Validus Holdings and Allied World Assurance. Clearances were obtained in Europe, China and the U.S.
CommScope: Representation of CommScope in its $4 billion dollar sale to Carlyle Group. Given the global reach of the parties involved, merger notifications were required around the world. The transaction received clearances from all enforcement authorities without conditions.
Coty, Inc.: Representation of Coty in the sale of equity interests to Berkshire Hathaway and Rhône Group. Given the tri-parte nature of the transaction, it presented highly complex issues.
Del Monte: Representation of Del Monte in the sale of its business to KKR, Vestar and Centerview. Given Del Monte’s global operations, the transaction required premerger notifications around the world, including in the United States, European Union and China.
OAO TMK: Representation of Russian steel manufacturer, OAO TMK, in its acquisition of IPSCO Steel from a Swedish enterprise. This complicated transaction represented TMK’s first venture into the United States.
Guy Carpenter Co.: Representation of Guy Carpenter in its acquisition of John B. Collins Associates, Inc. Carpenter is the leading global risk and reinsurance specialist, and Collins is the fifth largest reinsurance intermediary. This transaction was cleared without a second request.
Siemens Enterprise Communications: Representation of Siemens Enterprise Communications in its attempt to purchase Nortel’s enterprise business out of bankruptcy. Siemens is a world leader in enterprise telephony. Although Siemens was ultimately outbid in this transaction, Mr. Sullivan provided key strategic advice on the antitrust risks in the United States, Canada and in Europe. He successfully steered his client around the complicated worldwide antitrust issues, making formal presentations to the U.S. Department of Justice and to Nortel and its creditors.
Mr. Sullivan has provided antitrust and litigation counseling to some of the world’s most prominent entities. Over the years, these have included companies as diverse as: UBS (financial services); Brother International, Inc. and Hewlett-Packard; (printers, computers); Coty, Inc. (beauty products); Bulova Corp. (watches); Nissan North America, Inc.; and Nissan Motor Ltd. (Japan) (motor vehicles); All Nippon Airways (transportation); and Transatlantic Reinsurance (insurance).

Legal Writing

Mr. Sullivan is the co-author of the second edition of Antitrust Laws and Trade Regulation, a multivolume treatise. His treatise has been recognized as “authoritative” by the U.S. Supreme Court and has been cited in over 100 court decisions. He also lectures extensively on competition and litigation issues around the world. Most recently, he has conducted webinars on recent antitrust developments. Mr. Sullivan has served as an antitrust commentator for the International Bar Association, CNN and newspapers and legal publications.

Mr. Sullivan is a regular contributor to antitrust periodicals that are distributed in the United States, Europe and Asia. For many years, he was the editor of the Antitrust & Trade Regulation Report, a periodical distributed to antitrust lawyers throughout the world. He is now General Editor Emeritus of the Report. A sampling of Mr. Sullivan’s publications includes:

Author, “Antitrust Laws and Trade Regulation” (2d ed. Lexis-Nexis, 2013).
Author, “Antitrust & Trade Regulation Report” (Lexis-Nexis).
Author, “Distribution Practices” (Matthew Bender).
Author, “Pricing Practices” (Matthew Bender).
Author, “A Guide to Joint Ventures and Other Cooperative Business Endeavors” (Matthew Bender).
Author, “State Antitrust Law and Intellectual Property,” which appears in California Antitrust and Unfair Competition Laws (Third) (2003) published by the Antitrust and Unfair Competition Law Section of the California State Bar.
Author, “Merger Notifications: The Prospects for Convergence” published in International Merger Control: Prescriptions for Convergence published by the International Bar Association.
Co-author, “Confidentiality in the United States” for Privilege and Confidentiality: A Legal Handbook.

Background and Qualifications

Mr. Sullivan received his Juris Doctor, cum laude, in 1977 from Fordham Law School, where he was an articles editor of the Law Review. He earned his Bachelor of Arts degree from Columbia University.

Mr. Sullivan is a member of the New York and California Bars, the ABA, IBA and the Antitrust and Litigation Sections of the California State Bar. He is admitted to practice before the United States Supreme Court, the Federal Circuit and the Second, Fourth, Ninth and District of Columbia Circuits.

With respect to his practice in the European Union, Mr. Sullivan is a fully qualified EU member state practitioner by virtue of the fact that he is a qualified Solicitor and a member of the Law Society of England and Wales.