Ann Malester is senior counsel in Weil’s Washington, D.C. office, where she specializes in antitrust counseling and litigation and shepherds multi-billion dollar transactions through antitrust review. Ms. Malester has handled numerous high profile matters, among them representing Panasonic in its $9 billion acquisition of Sanyo, Johnson & Johnson in its $16 billion acquisition of Pfizer’s Consumer Healthcare division, and Procter & Gamble in the $3 billion sale of its pharmaceutical business. Ms. Malester co-authored a chapter on the Federal Trade Commission for a presidential transition report sponsored by the Center for American Progress, entitled "Federal Trade Commission: Consumer Protection and Competition for a 21st-Century Economy."
Before joining the Firm, Ms. Malester was Deputy Director of the FTC’s Bureau of Competition, where, as the No. 2 antitrust enforcement official, she helped supervise the agency’s antitrust enforcement activities. During her 12 previous years as Assistant Director, Ms. Malester headed FTC merger enforcement in a wide range of markets, including the pharmaceutical, biotech, and medical device and equipment industries. She also served for 10 years as the FTC’s liaison with the U.S. Department of Defense, and led the FTC’s antitrust review of transactions in the defense and aerospace industries.
As Assistant Director, Ms. Malester led the Mergers I Division in investigating, litigating, or obtaining consent agreements in hundreds of significant mergers, acquisitions, and joint ventures, including many that involved patent and licensing issues, as well as novel legal and economic theories. These transactions included Amgen/Immunex, Glaxo/SmithKlineBeecham, Pfizer/Pharmacia, Lockheed/Martin Marietta, Boeing/McDonnell Douglas, General Dynamics/Boeing, Air Liquide/Air Products/BOC, and VNU (Neilsen)/Jupiter Media Metrix. Previously, Ms. Malester was a senior antitrust litigator, and handled major cases in federal district court and administrative hearings, including obtaining a preliminary injunction in a defense industry merger. She and her team also prevailed at trial in a price-fixing case against Ticor and other title insurance companies, which resulted in new U.S. Supreme Court precedent on the antitrust "state-action" exemption. She also helped win a Supreme Court victory against the American Medical Association’s prohibition on physician and HMO advertising.
Ms. Malester has been recognized as a leader in the competition field in Chambers USA, drawing “praise for her knowledge of the FTC” and “her command of the facts of any particular case, which is impeccable.” She has also been recognized by Legal 500, International Who’s Who of Competition Lawyers, PLC Which Lawyer?, Benchmark Litigation, Best Lawyers in America, Super Lawyers, and Expert Guides for her work in Antitrust Law. She was also included in Global Competition Review’s ranking of the Top 100 Women in Antitrust. Ms. Malester won numerous awards at the FTC, including the Brandeis Award for best litigator, the Chairman’s Award, and the Presidential Rank Award, which is the highest honor given to federal government executives. Ms. Malester has taught trial advocacy at the FTC, and spoken at numerous seminars on antitrust law in the United States and Europe. Ms. Malester served on the Defense Science Board’s Task Force on Vertical Integration and Supplier Decisions in the Defense Industry. She also served as the Vice-Chair of the Government Litigation Committee of the ABA’s Antitrust Section and on the Section’s Nominating Committee.
Ms. Malester is fluent in French and a graduate of the Lycée Français de New York, Bryn Mawr College, and the George Washington University Law School.
- Represented Allergan plc as both U.S. antitrust and global coordinating counsel, securing antitrust clearance in more than a dozen jurisdictions for AbbVie Inc.’s $63 billion acquisition of Allergan as well as securing clearance for two distinct divestiture transactions involving the sale of certain Allergan assets to Nestlé and AstraZeneca. The U.S. Federal Trade Commission cleared the AbbVie/Allergan deal with divestitures to Nestlé and AstraZeneca following an in-depth, 10 month investigation. The European Commission also reviewed the AbbVie/Allergan deal in detail and cleared the transaction in Phase 1 based on the divestiture to AstraZeneca.
- Represented Allergan plc, a leading global pharmaceutical company, in the $39 billion sale of its global generic pharmaceuticals business to Teva Pharmaceutical Industries Ltd. (“Merger Control Matter of the Year” for the Americas, Global Competition Review Awards 2017)
- Represented AbbVie, a global biopharmaceutical company, in its acquisition of Pharmacyclics, Inc., a transaction valued at $21 billion and which closed without the U.S. Federal Trade Commission issuing a Second Request.
- Represented Medicis Pharmaceutical Corporation, a leading independent specialty pharmaceutical company focusing primarily on dermatological treatments, in its $2.6 billion sale to Valeant Pharmaceuticals International. Although the companies’ product portfolios had extensive overlaps, we successfully obtained unconditional clearance for the transaction without receiving a Second Request.
- Represented C. R. Bard, medical equipment maker specializing in the manufacture of vascular, urology, oncology, and surgical specialty products, in its $250 million acquisition of US-based Medivance, a developer of therapeutic hypothermia technologies. We successfully obtained unconditional clearance for the transaction without receiving a Second Request.
- Represented Vanguard Car Rental in the sale of its National Car Rental and Alamo Rent A Car businesses to Enterprise Rent-A-Car. Antitrust clearance was obtained for this merger of two of the five national rental car companies without a Second Request.
- Represented Abbott Laboratories, a manufacturer and marketer of medical devices, diagnostics and nutritional products, in its acquisition of STARLIMS Technologies Ltd., a leading provider of laboratory information management systems. We successfully obtained unconditional clearance for the transaction without receiving a Second Request.
- Represented Panasonic Corporation, the world’s largest manufacturer of consumer electronics products, in a $9 billion acquisition of Sanyo Electric Co., Ltd. Weil served as lead counsel in the United States and Europe, and coordinated competition clearance processes in certain other jurisdictions. We negotiated a limited divestiture in order to obtain antitrust clearance.
- Represented Johnson & Johnson in its $21.3 billion purchase of Swiss-American orthopedic devices maker Synthes Inc. and negotiated a limited divestiture in order to obtain antitrust clearance.
- Represented Procter & Gamble in the $3 billion sale of its pharmaceutical business to Warner Chilcott. The transaction was cleared globally with no divestitures required.
- Represented Johnson & Johnson in its $16.6 billion acquisition of Pfizer's Consumer healthcare and OTC drug business. Obtained clearance with limited divestitures given the scope of the transaction.