Biography
Brianne has extensive experience obtaining regulatory clearance for complex, cross-border transactions and is regularly recognized among the top U.S. antitrust practitioners by Global Competition Review, Legal 500 for Antitrust: Merger Control (2018-2024), and Who’s Who Legal for Competition (2018-2024). In addition, Brianne has been consistently recognized by LMG Life Sciences as a “Leading Life Sciences Lawyer” (2022-2024) for her work representing pharmaceutical and medical device companies. She counsels clients on all aspects of the antitrust merger review process, including advising on antitrust risk, working with economic experts, negotiating remedies where necessary, coordinating with local counsel outside the United States, and advising on due diligence information exchange and pre-closing integration planning. Most recently, Brianne played a lead role in securing antitrust clearance for a number of multi-billion dollar transactions involving well-known pharmaceutical, medical device, retail, hospitality, and private equity clients.
Brianne also has undertaken significant work for clients involved in antitrust government investigations and litigation, including persuading the antitrust enforcement agencies not to bring enforcement actions in non-merger matters and securing dismissal for clients in private antitrust class action litigations.
Brianne is described by clients as an advisor with a “great deal of business acumen” who “offers top notch client service” and the “ability to bridge the regulatory requirements with [clients’] business objectives.” The multi-faceted nature of Brianne’s work, combined with her creative, technical, and strategic expertise earned her a spot on Global Competition Review’s “Women in Antitrust 2021,” a select list of the world’s foremost female leaders in antitrust and competition law. Additionally, she has been named to Lawdragon 500’s “Leading Litigators in America” guide which recognizes “all-star litigators” from across the U.S. Previously, Brianne was recognized as a “D.C. Rising Star” by the National Law Journal on a list of “game-changing” attorneys aged 40 or under practicing in Washington, D.C. who have “wielded great influence in their practice areas in the D.C. area and beyond.”
Prior to law school, Brianne was a paralegal at the U.S. Department of Justice Antitrust Division, where she worked on merger and non-merger investigations in the telecommunications and media industries.
Select Representations:
- Represented Lone Star Funds, a global private equity fund, in its multi-billion dollar sale of construction chemicals company, MBCC Group, to Swiss multinational specialty company Sika AG.
- Represented Bausch + Lomb in its up to $2.5 billion acquisition of Xiidra, a non-steroid eye drop specifically approved to treat the signs and symptoms of dry eye disease, and three other front of eye assets from Novartis.
- Representing Regeneron Pharmaceuticals in connection with monopolization and other claims against Novartis relating to actions taken to prevent competition from Regeneron’s PFS version of Eylea.
- Represented TPG on multiple transactions, including its approximately $2.7 billion acquisition of Angelo, Gordon & Co., L.P.
- Represented MGM Resorts International on multiple transactions, including its $1.625 billion acquisition of the operations of The Cosmopolitan of Las Vegas from Blackstone, the sale of the operations of The Mirage to Hard Rock International for $1.075 billion, the merger of MGP Growth Properties, LLC with VICI Properties, Inc., and MGM’s proposed sale of the operations of Gold Strike Tunica for approximately $450 million.
- Representing Norfolk Southern in the Surface Transportation Board proceeding reviewing Canadian Pacific Railway’s approx. $31 billion acquisition of Kansas City Southern, including defending Norfolk Southern’s joint venture with Kansas City Southern against an unfounded attack by CSX Transportation in the same proceeding.
- Represented Johnson & Johnson on multiple transactions, including securing antitrust clearance for its $19.7 billion acquisition of Synthes Inc., a Swiss-American orthopedic device manufacturer, as well as its potential global licensing and development agreement with Pipeline Therapeutics, a clinical-stage biopharmaceutical company pioneering precision neuroregeneration, for the investigational compound, PIPE-307.
- Represented Charles River Laboratories International, Inc., securing antitrust clearances for its $295 million acquisition of Explora Biolabs, $875 million acquisition of Cognate BioServices, Inc., and $292.5 million acquisition of Vigene Biosciences.
- Represented Allergan plc as both U.S. antitrust and global coordinating counsel, securing antitrust clearance in more than a dozen jurisdictions for its $63 billion sale to AbbVie Inc. as well as securing clearance for two distinct divestiture transactions involving the sale of certain Allergan assets to Nestlé S.A. and AstraZeneca plc.
- Previously represented Allergan on numerous transactions, including securing antitrust clearances for Actavis plc’s $70.5 billion acquisition of Allergan (the combined company adopted Allergan as its new global name following the acquisition), Allergan’s $2.9 billion acquisition of LifeCell Corporation, Allergan’s $2.4 billion acquisition of Zeltiq Aesthetics, Inc., Allergan’s $2.1 billion acquisition of KYTHERA Biopharmaceuticals, Allergan’s $500 million sale of its Anda, Inc. distribution business to Teva Pharmaceutical Industries Ltd., and Allergan’s $650 million sale of its U.S. medical dermatology portfolio to Almirall, S.A.
- Represented Ontario Teachers’ Pension Plan, in numerous transactions including securing antitrust clearance for the formation of Trivium Packaging through a combination of OTPP’s portfolio company, Exal Corporation, with the Food & Specialty Metal Packaging business of Ardagh Group.
- Represented Kantar Group, a portfolio company of Bain Capital Private Equity, in its acquisition of Numerator.
- Represented Scripps Networks Interactive, Inc., securing antitrust clearance for its $14.6 billion merger transaction with Discovery Communications, Inc.
- Represented William Hill plc, securing antitrust clearance for its approximate £2.9 billion transaction with Caesars Entertainment, Inc.
- Represented Signet Jewelers Limited (Kay Jewelers, Jared The Galleria of Jewelry), in numerous transactions including securing antitrust clearances for its $1.4 billion acquisition of Zale Corporation and $328 million acquisition of R2Net, Inc.
- Represented L’Oréal, in numerous transactions including securing antitrust clearance for its $1.1 billion sale of The Body Shop to Natura Cosméticos SA.
- Represented athenahealth Inc., securing antitrust clearance for its $5.7 billion sale to Veritas Capital and Evergreen Coast Capital, an affiliate of Elliott Management Corporation.
- Represented Sanofi S.A., securing antitrust clearance for its $25 billion transaction to exchange Sanofi’s animal health business with the consumer healthcare business of Boehringer Ingelheim.
- Represented JAB Holding Company, as leader of an investment group in securing antitrust clearance for that group’s $13.9 billion take-private of Keurig Green Mountain, Inc.
- Represented Array Biopharma Inc., obtaining approval for Array as the divestiture buyer of Novartis AG’s BRAF and MEK inhibitor drugs, which were required to be divested by the U.S. Federal Trade Commission and European Commission in order to secure clearance for Novartis AG’s acquisition of GlaxoSmithKline’s oncology portfolio.
- Represented First Data Corporation, securing antitrust clearances for its acquisitions of CardConnect Corporation and BluePay Holdings, Inc
- Represented Florida Rock Industries, securing antitrust clearance for its $4.2 billion sale to Vulcan Materials Company.
- Represented The Sherwin-Williams Company, securing antitrust clearances for its acquisitions of M.A. Bruder & Sons and Duron Co.
- Represented Hilton Worldwide in the Online Hotel Booking Antitrust Litigation, a federal action filed against Hilton and other major hotel chains alleging that defendant hotel companies conspired to eliminate competition for branded keyword search advertising and seeking damages and injunctive relief under the Sherman Act.
- Represented Hilton Worldwide in the OTA Antitrust Litigation, securing dismissal of a federal multidistrict antitrust class action challenging alleged agreements between online travel companies and hotels regarding the retail prices for online hotel room reservations.
- Represented Chrysler in the Grey Market Antitrust Litigation, lawsuits brought in both state and federal courts alleged that the automaker had illegally conspired to prevent new vehicles sold in Canada from entering the United States for resale. Weil achieved victory for Chrysler when the federal district court granted summary judgment in favor of all remaining and non-bankrupt defendants, including Chrysler Canada.
Awards and Recognition, Speaking Engagements, Guides and Resources, Latest Thinking, Firm News & Announcements
Awards and Recognition
- Brianne Kucerik Named a “Leading Lawyer” in Merger Control Award Brief — Legal 500
- Brianne Kucerik Named a “Leading Litigator in America” Award Brief — Lawdragon 500 2024 and 2025
- Brianne Kucerik Named a 2019 Competition Future Leader Award Brief — Who’s Who Legal
- Brianne Kucerick Named 2017 D.C. Rising Star Award Brief — The National Law Journal
Speaking Engagements
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Hot Topics Colliding: Antitrust Considerations for ESG Initiatives
Speaker(s):
Adam C. Hemlock,
Brianne Kucerik and
Chris Chapman
October 25, 2023 — Webinar — Weil antitrust partners Adam Hemlock and Brianne Kucerik and counsel Chris Chapman hosted a webinar entitled Hot Topics Colliding: Antitrust Considerations for ESG Initiatives during which they discussed ESG collaborations, the potential anticompetitive effects resulting from collaborations and how companies can engage in ESG collaborations while minimizing antitrust risk.
Latest Thinking
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FTC Case Against Healthcare Portfolio Company Proceeds; Sponsor Dismissed from Suit
Blog Post — WorthWeil Antitrust Blog
— By
Brianne Kucerik and
Megan A. Granger
— May 16, 2024
A Texas federal judge has dismissed the FTC’s high-profile suit against private equity firm Welsh Carson, but allowed the case to proceed against Welsh Carson’s portfolio company, U.S. Anesthesia Partners (USAP). You may recall that the FTC filed a complaint last September challenging allegedly anticompetitive conduct by USAP, as well as Welsh Carson [prior WorthWeil ...
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No-Poach, No-Hire and Wage-Fixing Agency Enforcement Actions: By the Numbers
Blog Post — WorthWeil Antitrust Blog
— By
Brianne Kucerik,
Romain Ferla,
Bella Spring and
Geneva Torsilieri Hardesty
— February 01, 2024
Labor practices are now squarely in the crosshairs of many antitrust agencies globally, with a sharp uptick in enforcement against practices such as alleged no-poach, no-hire and wage-fixing agreements. What businesses should know about the agency track record and how can businesses mitigate the risks? ...
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Global Antitrust Trends for 2024: Successfully Navigating the Global Antitrust Landscape
Blog Post — WorthWeil Antitrust Blog
— By
Brianne Kucerik,
Michael Moiseyev,
Nafees Saeed,
Bella Spring,
Patrick May and
Rachel Williams
— January 31, 2024
This post sets out our analysis of the important trends and related takeaways that companies should factor into their planning for the year ahead. ...
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Heightened Antitrust Scrutiny and its Impact on Debt Financing Costs and Commitments
Blog Post — Global Private Equity Watch
— By
Andrew J. Colao,
Sachin Kohli,
Brianne Kucerik,
Jacqueline Oveissi,
Kelly McCubrey,
Christina Ramos and
Nick Swan
— December 19, 2023
As we head into the winter months, one trend that has the potential to “chill” activity in the market is the broader and more aggressive approach to antitrust enforcement taken by the Federal Trade Commission and the Antitrust Division of the Department of Justice. This heightened regulatory scrutiny has resulted in lengthier deal timelines – as long as two years – in some cases and has injected increased uncertainty into the M&A and debt financing process. ...
- Putting Boards on Notice: FTC Announces First Section 8 Enforcement Action Since the 1980s Alert — Antitrust — By Brianne Kucerik, Michael Moiseyev, Jeffrey H. Perry and Kelly McCubrey — PDF — August 29, 2023
Firm News & Announcements
- Thirty-Three Weil Partners Named to 2025 Lawdragon “Leading Litigators in America” List Firm Announcement — September 25, 2024
- Weil Achieves High Rankings in 2024 LMG Life Sciences Guide Firm Announcement — September 23, 2024