ProfessionalsAndrew J. Forman
A partner in the Antitrust Group, Andrew Forman focuses his practice on counseling clients in a wide range of antitrust matters, with a specific emphasis on mergers and acquisitions, joint ventures and investigations by the U.S. Department of Justice and the U.S. Federal Trade Commission (FTC). Andy also has substantial experience in private antitrust litigation, including antitrust class action litigation.
Andy has represented several leading companies including, Cigna, Elanco, Eli Lilly & Company, Goodyear Tire and Rubber Co., Microsoft Corporation, Nucor, Pfizer Inc., Smith & Nephew Plc and US Airways Inc. He has represented clients in matters involving a variety of industries, including the pharmaceutical, medical device, airline, automobile, software, semiconductor, industrial and engineered products and consumer products industries.
Earlier in his career, Andy worked for the FTC’s Bureau of Competition (Mergers I), where he helped lead antitrust investigations in large mergers and acquisitions in the pharmaceutical, medical device, consumer products, industrial products and aircraft components industries.
Some noteworthy representations include:
- Elanco Animal Health Incorporated, an Indiana-based animal health company that develops products and knowledge services to prevent and treat disease in food animals and pets, in its $7.6 billion acquisition of the animal health business of Bayer AG, a German-based enterprise with core competencies in the life science fields of health care and nutrition.
- The Medicines Company in its $9.7 billion sale to Novartis AG.
- Smith & Nephew in its acquisition of Osiris Therapeutics.
- JACK Entertainment LLC in multiple transactions, including its sale of Greektown Casino-Hotel to Penn National Gaming and VICI Properties; its sale of JACK Cincinnati Casino to Hard Rock International and VICI Properties; and its sale of Turfway Park to Hard Rock International.
- Cigna in various antitrust matters, including:
- the regulatory clearance of its $67 billion acquisition of Express Scripts Holding Company;
- the regulatory clearance of the $6.3 billion sale of its group life and disability insurance business to New York Life; and
- its $54 billion merger with Anthem.
- Sirius XM in connection with a DOJ antitrust investigation regarding its $3.5 billion acquisition of Pandora Media.
- CSRA in its $9.7 billion acquisition by General Dynamics.
- Xerox Corporation in its terminated combination with Fuji Xerox Co., Ltd. to create a combined entity with annual revenues of $18 billion.
- Dana Incorporated in its approximately $6.1 billion definitive agreement to combine with the Driveline division of GKN plc to create Dana plc.
- Bioverativ Inc. in its $11.6 billion acquisition by Sanofi.
- ARIAD Pharmaceuticals, Inc. in its approximately $5.2 billion acquisition by Takeda Pharmaceutical Company Limited.
- Eli Lilly & Company and its subsidiary Elanco U.S., Inc., in connection with:
- Elanco’s $885 million acquisition of the U.S. feline, canine and rabies vaccines portfolio of Boehringer Ingelheim Vetmedica, Inc.; and
- its $5.4 billion acquisition of Novartis Animal Health.
- Aer Lingus in International Airline Group’s $1.4 billion offer for Aer Lingus.
- Nucor Corporation in evaluating potential antitrust considerations in various potential transactions.
- Salix Pharmaceuticals, Ltd.:
- in its $15.6 billion acquisition by Valeant Pharmaceuticals International, Inc.; and
- in its proposed transaction with Cosmo Technologies.
- US Airways, Inc.:
- in its $17 billion merger with American Airlines;
- in its slot transaction with Delta Air Lines; and
- in numerous other antitrust matters.
- Virtu Financial, Inc., in its approximately $1.4 billion acquisition of KCG Holdings.
- Vertis Holdings, Inc., an advertising and direct mail company, in its bankruptcy sale to rival Quad/Graphics, Inc.
- Élan Corporation PLC in the $3.3 billion sale of its multiple sclerosis joint venture interest to Biogen Idec, Inc.
- Pfizer Inc. in its $68 billion acquisition of Wyeth Pharmaceuticals.
- Microsoft Corporation in numerous antitrust matters.
- Anheuser-Busch InBev in various antitrust matters.
- Goodyear Tire & Rubber Company in various antitrust matters.
Andy is recognized in the industry as a leading antitrust lawyer. Prior to joining Paul, Weiss, he worked at a leading law firm, where he helped lead the teams that won Global Competition Review’s antitrust “Matter of the Year” in 2014 and 2015. Andy was also part of the team that won Benchmark Litigation’s “U.S. Antitrust Group of the Year” and “Impact Case of the Year” in 2013. Andy has been recognized by The Best Lawyers in America since 2016 and was recommended in The Legal 500 US (2012–2018) for his work in merger clearances.