George S. Cary

Partner at Cleary Gottlieb Steen & Hamilton LLP

George S. Cary

George S. Cary

Partner at Cleary Gottlieb Steen & Hamilton LLP

Biography

George S. Cary is a partner based in the Washington, D.C. office.

Mr. Cary's practice focuses on antitrust, including government investigations of mergers and acquisitions, and litigation.

Before joining the firm in 1998, Mr. Cary served as Deputy Director of the United States Federal Trade Commission’s Bureau of Competition (FTC), where he oversaw a record number of merger transactions. He was lead trial counsel for the FTC in its successful challenge of the Staples/Office Depot merger, considered the most significant merger case of the decade, and he was the recipient of the Brandeis Award, awarded to the FTC’s outstanding litigator. Mr. Cary was a principal author of the modifications to the Federal Horizontal Merger Guidelines, which incorporated consideration of efficiencies in merger assessment. Prior to 1995, Mr. Cary was an antitrust and litigation partner in the Los Angeles firm, Irell & Manella LLP.

Since joining Cleary Gottlieb, Mr. Cary has represented companies in many industry-transforming mergers and acquisitions. His most recent merger clearance highlights include representing: Medtronic in its $42.9 billion acquisition of Covidien, which received global clearance less than six months after announcement; GlaxoSmithKline in its three-part, multi-billion dollar transactions with Novartis involving the major restructuring of its Consumer Healthcare, Vaccines, and Oncology businesses; Western Digital in its $4.8 billion acquisition of Hitachi’s hard drive business; Dollar Thrifty in its $2.3 billion acquisition by Hertz; Deutsche Telekom in its proposed $39 billion sale of T-Mobile USA to AT&T; Google in its $750 million acquisition of AdMob; and The Dow Chemical Company in its $18 billion acquisition of Rohm & Haas.

Mr. Cary maintains a diverse antitrust litigation docket, with emphasis on the application of antitrust to intellectual property and high technology markets. His recent highlights include representing: Sabre Holdings in defending against litigation brought by American Airlines and US Airways challenging non-discrimination provisions in its agreement to distribute its flights and fares through Sabre’s computerized reservation system; Sanofi US in defeating a multi-billion dollar monopolization case by a competitor challenging Sanofi’s loyalty discounts program; Travelocity in winning complete dismissal of a class action alleging an industry-wide conspiracy involving online pricing of hotel rooms; and Keurig Green Mountain in successfully defeating a preliminary injunction challenging its product design as exclusionary of competitive portion packs. Previous litigation highlights include: Broadcom in its victory over Qualcomm in the first monopolization suit establishing antitrust principles to FRAND commitments in industry standard setting, the leading court of appeals case in the field; GlaxoSmithKline in a series of cases challenging GSK’s enforcement of its patents; Aspen Technology in the FTC’s challenge to its acquisition of Hyprotech, resolved with AspenTech being allowed to keep the assets acquired.

Mr. Cary has served as chair of the Government Antitrust Litigation Committee of the American Bar Association’s Antitrust Section; and on the California Judicial Nominees Evaluation Commission, responsible for evaluating all nominees to the California state trial and appellate courts. Mr. Cary was an International Trade Advisory Commissioner for the Department of Commerce and the US Trade Representative.

Mr. Cary is a frequent speaker and writer on a wide range of antitrust topics. His speaking engagements from the past two years include: Concurrences and NYU Law School conference “Antitrust in Emerging and Developing Countries”; Global Antitrust Institute/George Mason University Law School conference “Global Antitrust Challenges for the Pharmaceutical Industry”; ABA conference “Antitrust in Asia: China”; ABA conference “China—Inside and Out: Antitrust, Intellectual Property and Other Regulatory Issues for Initiating and Operating Outbound and Inbound Investments”; and the China Academy of Telecommunication Research’s (CATR) Intellectual Property Center, under China’s Ministry of Industry and Information Technology, conference “Anti-Monopoly Regulation on Abuse of Standard Patents In ICT Sector” (provided keynote address). He recently co-authored “Divergence Then and Now: What Does the U.S./EU Experience Tell Us About Convergence with MOFCOM” in William E. Kovacic: An Antitrust Tribute – Volume II, selected for best academic article on Asian antitrust by the Institute of Competition Law’s 2014 Antitrust Writing Awards. He has been interviewed by the Wall Street Journal, the Washington Post, the New York Times, the Los Angeles Times, USA Today, Business Week, Corporate Counsel Magazine, The American Lawyer, CNN, NBC, CNBC, Bloomberg Television, National Public Radio and PBS.

The Best Lawyers in America named Mr. Cary Washington, DC’s “Antitrust Lawyer of the Year” (2016 and 2011) and “Antitrust Litigation Lawyer of the Year” (2014). In addition, he was recently named “Antitrust Lawyer of the Year” by Benchmark Litigation (2016), honored as a “Trailblazer” in antitrust by The National Law Journal (NLJ) (2015), named an MVP in Competition by Law360 (2014) and was previously honored by the NLJ as a “Visionary,” one of a select group “who have gone the extra mile to enhance the business and ensure justice is done.” Global Competition Review named Mr. Cary one of the 14 “Best in the US” antitrust defense litigators based on a survey of top antitrust lawyers and in-house counsel as to who they would use “if the case was definitely going to trial – and their life depended on the result.”

Chambers and Partners has ranked Mr. Cary in its top tier of global antitrust lawyers every year for the last decade, and he is consistently recognized as a leading competition lawyer by publications, including: The Legal 500 U.S., Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms and Attorneys, Legal Media Group’s Best of the Best Guide, Washingtonian magazine, and Global Competition Review’s International Who’s Who of Competition Lawyers. In addition, Mr. Cary was named a “Life Science Star” in the inaugural edition of Euromoney’s LMG Life Sciences, and Lawdragon 500 named him one of the 500 leading lawyers in America and one of the 500 leading litigators in America.

Mr. Cary received his J.D. from the University of California - Berkeley School of Law (Boalt Hall) in 1976. He received his A.B. in Economics (with Honors) from the University of California - Santa Cruz in 1973.

Mr. Cary is a member of the Bars in California and the District of Columbia.

Overview
RelSci Relationships

1992

Number of Boards

1

Number of Awards

5

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Partner at Cleary Gottlieb Steen & Hamilton LLP

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Partner at Cleary Gottlieb Steen & Hamilton LLP

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Partner at Cleary Gottlieb Steen & Hamilton LLP

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Partner at Cleary Gottlieb Steen & Hamilton LLP

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Partner at Cleary Gottlieb Steen & Hamilton LLP

Relationship likelihood: Strong

Partner at Cleary Gottlieb Steen & Hamilton LLP

Relationship likelihood: Strong

Partner at Cleary Gottlieb Steen & Hamilton LLP

Relationship likelihood: Strong

Partner at Cleary Gottlieb Steen & Hamilton LLP

Relationship likelihood: Strong

Partner at Cleary Gottlieb Steen & Hamilton LLP

Relationship likelihood: Strong

Partner at Cleary Gottlieb Steen & Hamilton LLP

Relationship likelihood: Strong

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George S. Cary
Partner at Cleary Gottlieb Steen & Hamilton LLP
Education
JD
Class of 1976

The University of California, Berkeley, School of Law, commonly referred to as Berkeley Law and Boalt Hall, is one of 14 schools and colleges at the University of California, Berkeley. Berkeley Law is consistently ranked as one of the top law schools in the nation, with acceptance rates lower than every school except Yale and Stanford. The Department of Jurisprudence was founded at Berkeley in 1894. In 1912, the department was renamed the School of Jurisprudence, which was then renamed the School of Law in 1950. The School was originally located in the center of the main UC Berkeley campus in the Boalt Memorial Hall of Law, built in 1911 with funds largely from Elizabeth Josselyn Boalt donated in memory of her late husband, John Henry Boalt. In 1951, the School moved to its current location in the new Boalt Hall, at the southeast corner of the campus, and the old Boalt Hall was renamed Durant Hall. In April 2008, the law school rebranded itself from "Boalt Hall" to "Berkeley Law", in order to more closely tie the law school's name with the campus upon which it resides. The administration hopes that this move will further increase the law school's prestige, since people will now associate it with the Berkeley campus.

AB in Economics with Honors
Class of 1973

The University of California, Santa Cruz, has earned international distinction as a university with high-impact research and an uncommon commitment to teaching and public service. A campus with world-class facilities and one of the most visually spectacular settings in higher education, UC Santa Cruz provides unparalleled opportunities for students to learn through hands-on experience. A commitment to environmental stewardship and community engagement are also central to UCSC's core values.

Career History
Partner
1998 - Current

Cleary Gottlieb Steen & Hamilton LLP is an international law firm that provides legal services to clients. The company serves multinational corporations, international financial institutions, sovereign governments and their agencies, and domestic corporations and financial institutions. The company was founded in 1946 and it is headquartered in New York, NY.

Partner
Prior

Founded in 1941, Irell & Manella LLP provides legal services. They provide services in the areas of alternative dispute resolution, antitrust, appellate art, aviation, corporate securities, employee benefits, executive compensation, entertainment, environmental, high-tech, entertainment and intellectual property transactions.

Deputy Director, Bureau of Competition
Prior

Federal Trade Commission is a government organization whose main goals are to protect consumers and ensure a strong competitive market by enforcing a variety of consumer protection and antitrust laws. The organization provides services to prevent business practices that are anticompetitive, deceptive, and unfair to consumers. Federal Trade Commission was founded on September 26, 1914, and is based in Washington, D.C.

Boards & Committees
Member, Federal Courts Committee
Prior

State Bar is currently governed by a 23-member Board of Trustees.State Bar of California is by far the largest state bar in the country. Nearly 179,000 State Bar members actively practice law in California, while the rest retain their licenses as inactive members.State Bar of California is the only state bar in the nation with independent professional judges dedicated to ruling on attorney discipline cases. The independent State Bar Court hears the charges and has the power to recommend that the California Supreme Court suspend or disbar those attorneys found to have committed acts of professional misconduct or convicted of serious crimes. For lesser offenses, it may issue public or private reprovals.

Political Donations
$500
2020

Senator from South Carolina

$500
2020

Senator from South Carolina

$2,500
2012

Senator at Office of the Senator from Utah, Mitt Romney

Transactions
Details Hidden

Olin Corp. purchases The Dow Chemical Co. /Chlor-Alkali & Derivatives Businesses from Dow Chemical Company resulting in a new company Blue Cube Spinco LLC

Details Hidden

GlaxoSmithKline Plc purchases Novartis AG /Human Vaccines Operations from Novartis AG

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Agilent Technologies, Inc. purchases Dako Denmark ApS from EQT Partners AB

Awards & Honors
2013
Washingtonian Magazine - Top Lawyers, Antitrust
2012
Washingtonian Magazine - Top Lawyers, Antitrust
1979
Admitted to District of Columbia Bar
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