Antitrust & Competition Practice Group
Kirkland and Ellis PG&E Ethics and Oracle v. PeopleSoft
Overview
Scott Scheele is a partner in the Antitrust & Competition Practice Group in the Washington, D.C., office of Kirkland & Ellis LLP. Scott has over 30 years of experience, including serving as a senior executive and supervisor in the U.S. Department of Justice’s Antitrust Division. He has handled matters involving the media, telecommunications, technology and financial services industries, and has substantial antitrust litigation, trial, investigation and management experience.
Scott spent nine years as the Chief of the Media, Entertainment and Communications Section of the Antitrust Division, and in that capacity supervised all merger and civil conduct investigations and implemented competition policy in the areas of wireless and wireline telecommunications, media and entertainment. Before that, he spent eight years as the Assistant Chief of the Networks & Technology Enforcement Section. Scott joined the Antitrust Division in 1995, after five years as an associate with Howrey & Simon.
Prior to joining Kirkland, Scott’s significant public investigations and cases involved:
- United States v. Liberty Latin America/AT&T (D.D.C. 2020). Complaint and settlement of Liberty’s $2 billion acquisition of AT&T’s wireless and wireline telecommunications business in Puerto Rico.
- United States v. T-Mobile/Sprint (D.D.C. 2019). Investigation of $26 billion merger of two national wireless carriers that resulted in a complaint and settlement through consent decree.
- United States v. AT&T/Time Warner (D.D.C. 2017). Extensive investigation and contested trial seeking to block the $100 billion vertical merger of the country’s largest video distributor (DirectTV) with a large content provider (Time Warner).
- United States v. CenturyLink/Level 3 (D.D.C. 2017). Complaint and settlement of CenturyLink’s $34 billion acquisition of Level 3’s telecommunications business.
- United States v. AT&T (C.D. Cal. 2016). Contested Sherman Act Section 1 litigation alleging information sharing among video distribution competitors regarding their intentions to distribute the Los Angeles Dodgers regional sports network. Shortly after briefing of AT&T’s motion to dismiss, the case was settled through a consent decree that obtained all relief sought in the Government’s prayer for relief.
- United States v. Charter/Time Warner Cable (D.D.C. 2016). Complaint and settlement of Charter Communication’s $90 billion acquisition of Time Warner Cable and Bright House Networks.
- Comcast/Time Warner Cable (2015). Investigation of Comcast’s proposed $45 billion acquisition of Time Warner Cable – two incumbent cable providers that did not have overlapping territories. Comcast abandoned the merger.
- United States v. Sinclair/Perpetual (D.D.C. 2014). Complaint and settlement requiring divestiture of television station filed in connection with a nearly $1 billion acquisition.
- United States v. Gannett/Belo (D.D.C. 2013). Complaint and settlement requiring divestiture of television station filed in connection with a $2.2 billion acquisition.
- United States v. eBay (N.D. Cal. 2012). Contested complaint alleging a no-solicit and no-hiring agreement between eBay and Intuit. eBay ultimately settled via a consent decree following an Order denying its motion to dismiss.
- United States v. H&R Block/TaxACT (D.D.C. 2011). Contested litigation and trial involving the merger of two retail tax return preparation software providers.
- United States v. Google/ITA (D.D.C. 2011). Complaint and settlement requiring Google to continue to develop and license ITA’s QPX air travel software.
- Nasdaq/NYSE (2011). This proposed acquisition was abandoned after the Antitrust Division threatened to block the $10 billion deal.
- Google/Yahoo (2008). Yahoo and Google abandoned their advertising agreement after the Antitrust Division informed the companies that it would seek to block it.
- United States v. Oracle (N.D. Cal. 2004). Complaint and trial seeking to block Oracle’s cash tender offer for PeopleSoft, both leading providers of enterprise human relations and financial services software.
- United States v. Visa U.S.A., Inc. (S.D.N.Y. 2001). Investigation and civil trial against Visa and MasterCard. Favorable judgment affirmed on appeal.
- Community Publishers v. Donrey Media, Inc. (W.D. Ark. 1995). Trial to block merger of two newspapers in Northwest Arkansas.
ChiefUnited States Department of Justice, Antitrust Division, Media, Entertainment & Communications Section2012–2021
Assistant ChiefUnited States Department of Justice, Antitrust Division, Networks & Technology Enforcement Section2004–2012
Trial AttorneyUnited States Department of Justice, Antitrust Division1995–2004
More
Thought Leadership
Recent Speaking Engagements
“Information Exchange Counseling in the Digital Age,” ABA Spring Meeting Panel, 2019
“Net Neutrality: Déjà vu or a New Era?,” ABA Spring Meeting Panel, 2018
“Barclays Select Series: Future of Sports,” Fireside Chat Interview, 2017
Memberships & Affiliations
American Bar Association, Antitrust Section
- Vice-Chair, Mergers & Acquisitions Committee, 2017–Present
- Vice-Chair, Media and Technology Committee, 2013–2016
- Vice-Chair, Insurance and Financial Services Committee, 2009–2013
National Institute for Trial Advocacy (NITA)
- Faculty: Deposition, 2009–2012
- Trial Advocacy, 2010
Franklin & Marshall College Board of Trustees, Alumnus Trustee 1996–2001
Franklin & Marshall College Alumni Association President 1995–1996
Credentials
Admissions & Qualifications
- District of Columbia
- Pennsylvania (inactive)
Courts
- United States Court of Appeals for the Fourth Circuit
Education
- Villanova University Charles Widger School of LawJ.D.1990
- Franklin & Marshall CollegeB.A., Government; Economics Minor1987
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