Matt Evola

Matt Evola* focuses his practice on antitrust, regulatory and litigation matters. He has additional experience in consumer protection, government investigations, and white collar defense. Read Matt Evola's full bio.

*Not admitted to practice in the District of Columbia; admitted only in New York. Supervised by principals of the Firm who are members of the District of Columbia Bar.

Firm/Organization: McDermott Will & Emery

Blogs: Antitrust Alert

Latest Articles

Antitrust Alert

THE LATEST: DOJ Distinguishes ‘No-Poach’ Agreements

By Nicole Castle & Matt Evola on March 14, 2019

WHAT HAPPENED: The Department of Justice filed a Statement of Interest in three related cases in the Eastern District of Washington yesterday dealing with alleged “no-poach” (or non-solicitation) agreements between franchisors like Carl’s Jr, Auntie Anne’s and Arby’s and their franchisees. In the statement, the DOJ distinguished between “naked” no-poach agreements between competitors and the kinds of no-poach agreements in the franchise context that are typically vertical restraints between the parent company and the individual…

Antitrust Alert

Notification Threshold Under the Hart-Scott-Rodino Act Increased to $90 Million

By Gregory E. Heltzer & Matt Evola on February 15, 2019

The US Federal Trade Commission recently announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 and for determining whether parties trigger the prohibition against interlocking directors under Section 8 of the Clayton Act. Notification Threshold Adjustments The US Federal Trade Commission (FTC) announced revised thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) pre-merger notifications on February 15, 2019. These increased thresholds will become effective mid-to-late March. These new thresholds apply to…

Antitrust Alert

THE LATEST: DOJ Announces New Model Timing Agreement for Merger Investigations

By Gregory E. Heltzer & Matt Evola on December 4, 2018

Consistent with Assistant Attorney General Delrahim’s speech on September 25, 2018, the DOJ released a new Model Timing Agreement which sets out that it will require fewer custodians, take fewer depositions, and commit to a shorter overall review period in exchange for the provision of detailed information from the merging parties earlier in the Second Request process than has previously been required. WHAT HAPPENED: In November, the US Department of Justice (DOJ) published a…

Antitrust Alert

THE LATEST: DOJ and FTC Take Divergent Positions on Intellectual Property Issue

By Matt Evola on October 25, 2018

In testimony before the Senate Subcommittee on Antitrust, Assistant Attorney General Makan Delrahim from the US Department of Justice (DOJ) and Chairman Joseph Simons from the US Federal Trade Commission (FTC) staked out differing interpretations of when antitrust considerations are relevant in standard setting agreements restricted by fair, reasonable and non-discriminatory (FRAND) rates, a rare divergence of opinion between the two antitrust enforcement agencies. WHAT HAPPENED: Since AAG Delrahim took over as head of the…

Antitrust Alert

THE LATEST: FTC Continues Focus on Improving Procedures for Evaluating Remedy Packages

By Gregory E. Heltzer & Matt Evola on September 10, 2018

WHAT HAPPENED The FTC posted a short article indicating that after finalizing a settlement package with FTC Staff, it takes approximately four weeks for the Directors of the Bureau of Competition and the Bureau of Economics (the Directors), as well as the Commission to review the Directors’ recommendations and vote on the package. The FTC explained that an expedited review is unlikely, particularly when the parties’ actions contributed to the timing concerns. The FTC provided…

Antitrust Alert

THE LATEST: Class Certification Denied – Indirect Purchases Fail to Substantiate Link between Higher Input Costs and Higher Product Prices

By Matt Evola on March 9, 2018

Indirect purchaser plaintiffs’ motion for class certification in a lithium ion battery suit was denied for failing to show concrete evidence linking increased input costs to increased end-product prices; theoretical inference is not enough. WHAT HAPPENED: The US District Court for the Northern District of California denied a motion for class certification for a proposed class of indirect purchasers of lithium ion batteries. In re: Lithium Ion Batteries Antitrust Litigation, Case No. 13-MD-2420 (N.D. Cal.…

Antitrust Alert

THE LATEST: Walker Process Claims Don’t Belong in the Federal Circuit

By Matt Evola on February 14, 2018

The Federal Circuit held Walker Process Claims without a “substantial” patent issue can be heard outside the Federal Circuit based on the US Supreme Court decision in Gunn v. Minton. WHAT HAPPENED: The tug-of-war between antitrust and intellectual property continued Friday, February 9, with the Federal Circuit transferring a Walker Process claim to the Fifth Circuit for lack of jurisdiction. Xitronix Corp. v. KLA-Tencor Corp., Case No. 2016-2746 (Fed. Cir., Feb. 9, 2018) (Moore, J.).…

Antitrust Alert

THE LATEST: Non-Infringement of a Patent Also Not an Antitrust Injury

By Matt Evola & Stefan M. Meisner on December 18, 2017

WHAT HAPPENED: Wading into the merging streams of antitrust and patents, the US Court of Appeals for the Ninth Circuit upheld dismissal of an antitrust suit where a jury verdict in a parallel case found no patent infringement. Cascades Computer Innovation, LLC v. RPX Corp. and Samsung Electronics Co. Ltd., Case No. 16-15782 (9th Cir., December 11, 2017). Cascades Computer Innovation is a non-practicing entity that owns a series of 38 patents (collectively known…

Antitrust Alert

THE LATEST: FTC Acting Chairman Ohlhausen Signals Potentially Reduced Role for Antitrust Oversight of Intellectual Property Disputes

By Stefan M. Meisner & Matt Evola on October 23, 2017

WHAT HAPPENED On Friday, October 13, acting FTC chairman Maureen Ohlhausen delivered a speech at the Hillsdale College Free Market Forum titled, “Markets, Government, and the Common Good,” highlighting her view on the intersection between IP and antitrust domestically and abroad. Chairman Ohlhausen’s position, that IP rights must be vigorously protected, is in line with her long-held belief that some enforcement of antitrust laws, especially abroad, has been overzealous when it comes to intellectual property.…

Matt Evola

THE LATEST: DOJ Distinguishes ‘No-Poach’ Agreements

Notification Threshold Under the Hart-Scott-Rodino Act Increased to $90 Million

THE LATEST: DOJ Announces New Model Timing Agreement for Merger Investigations

THE LATEST: DOJ and FTC Take Divergent Positions on Intellectual Property Issue

THE LATEST: FTC Continues Focus on Improving Procedures for Evaluating Remedy Packages

THE LATEST: Class Certification Denied – Indirect Purchases Fail to Substantiate Link between Higher Input Costs and Higher Product Prices

THE LATEST: Walker Process Claims Don’t Belong in the Federal Circuit

THE LATEST: Non-Infringement of a Patent Also Not an Antitrust Injury

THE LATEST: FTC Acting Chairman Ohlhausen Signals Potentially Reduced Role for Antitrust Oversight of Intellectual Property Disputes

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