Wesley R. Powell is a partner in the Litigation Department, a member of the Antitrust and Competition Practice Group and Co-Chair of the Pro Bono Practice Group. Wes's practice focuses on complex civil litigation with a particular emphasis on antitrust litigation and counseling. His antitrust experience includes litigations, mergers, government investigations and counseling clients, and he regularly appears in federal court and before the antitrust enforcement agencies in connection with those matters. His litigation and antitrust experience spans a range of industries, including consumer goods, defense, energy, health care, payment cards, pharmaceuticals, and retail, among others. Wes also has represented clients in corporate governance, employment, First Amendment, restructuring, securities, and general commercial litigation matters.
Chambers USA (2007-2017) ranks Wes among the leading individuals practicing Antitrust Law in New York. He is also recognized in The Legal 500 United States: Volume III Litigation, New York Super Lawyers and Lawdragon.
Antitrust Litigation and Merger Counseling
- Lead counsel for defendant in In Re SSA Bonds Antitrust Litigation, pending in the United States District Court for the Southern District of New York
- Lead counsel to Silver Lake Management in defense against antitrust class-action challenging alleging joint bidding for acquisition of public companies, and related Department of Justice inquiry
- Representing MasterCard against price-fixing and related class-action and out-out claims and related state and federal regulatory proceedings (see In Re Swipe Fee Litigation, American Lawyer “Big Suits” column, 10/2012)
- Represented The Pantry, Inc. in obtaining antitrust regulatory clearance (Federal Trade Commission) of its acquisition by Alimentation Couche-Tard, Inc.
Represented The Men’s Wearhouse in obtaining antitrust regulatory clearance (Federal Trade Commission) of acquisition of Jos. A. Bank
Represented Thales, S.A. in obtaining antitrust regulatory clearance (Department of Justice) of acquisition of Live TV subsidiary of Jet Blue
- Represented major broker-dealer in antitrust challenge to alleged trading practices on the New York Stock Exchange
Represented defense contractor against exclusive dealing and related antitrust claims brought by competitor
Represented seed manufacturer in Genetically Modified Seeds Antitrust Litigation, which resulted in denial of class action status to a group of farmers alleging price fixing in the genetically modified seeds industry
Represented MasterCard in In re Visa Check/MasterMoney Antitrust Litigation
Represented MasterCard in governance, boycott and tying investigations brought by the Department of Justice
Financial Services Regulation
Advises firm clients on payments industry regulatory matters globally
Represented Mexican Bankers' Association in connection with payments industry regulatory matters in Mexico
- Represented various corporate and individual clients in Title VII and other employment litigation and related internal investigations
- Represented publicly traded investment management company in connection with regulatory investigations concerning alleged market timing in mutual funds and related multidistrict civil litigation
Represented investment management firm in action challenging suitability of the firm's investments for a pension fund
- Represented a former senior executive of a mutual fund distribution company in action by the Securities and Exchange Commission concerning alleged mutual fund market timing
- Represented major financial institution as first lien secured creditor in adversary proceeding in U.S. Bankruptcy Court to enjoin termination of debtor’s most critical contract; obtained permanent injunction and declaratory relief
- Represented various media organizations in First Amendment litigation