Rebecca A. D. Nelson
Rebecca A. D. Nelson
Rebecca A. D. Nelson
Partner and U.S. Leader, Antitrust & Competition
Biography
Rebecca Nelson devotes her practice to antitrust law, providing training, counseling, transactional analysis, and defense of merger and conduct investigations. She works with clients to understand their business and industry conditions, and tailors antitrust training and compliance solutions for them. As a full-time antitrust lawyer, she serves as a trusted advisor that clients can call for routine antitrust questions that arise in connection with supplier, customer, and competitor interactions. In that role, she regularly advises clients with respect to the full range of antitrust issues associated with contracts, pricing and sales practices, trade association activity, bidding arrangements and distribution.
Rebecca has defended dozens of clients under investigation for antitrust offenses by state Attorneys General, the U.S. Department of Justice Antitrust Division, and the Federal Trade Commission. Her successful defense efforts have often led to the non-public resolution of antitrust inquiries such that follow-on private litigation is avoided. She works with clients to formulate the best defense strategy for responding to investigations and navigating to the optimal result.
A core part of Rebecca's practice is her antitrust work in all phases of mergers and acquisitions, including advice regarding antitrust risk allocation in deal agreements, analysis of the antitrust implications of proposed business combinations, and defense of merger investigations by the Federal Trade Commission, U.S. Department of Justice Antitrust Division, state Attorneys General and multi-jurisdictional reviews. In that capacity she has served as lead antitrust counsel on many multi-billion dollar transactions and coordinated merger defense strategies on a worldwide basis.
In her twenty three years as an antitrust counselor and defense lawyer, Rebecca has experience in a tremendous number of industries, including telecommunications, automotive, personal care products and services, construction and other heavy equipment, medical devices and pharmaceuticals, retail, food and agricultural products, software, and more.
Prior to joining the firm, Rebecca served as law clerk to the Hon. P. Trevor Sharp, Middle District of North Carolina.
Civic Involvement & Honors
- Board of Directors, National Council on Alcoholism and Drug Abuse, Saint Louis Chapter, 2010-present
- Board of Directors, Contemporary Art Museum of Saint Louis, 2012 - 2016
- America’s Most Honored Professionals, 2016
- The Best Lawyers in America©, Antitrust Law, 2012-2020
- The Best Lawyers In America©, St. Louis Antitrust Lawyer of the Year, 2012, 2015, 2017, 2019
- Wall Street Journal, The Best Lawyers in St. Louis, 2015 - 2017
- KC Magazine, Top Attorneys In Missouri & Kansas
- Martindale-Hubbell, AV Preeminent, Bar Register of Preeminent Women Lawyers
- Women’s Justice Award, Outstanding Business Practitioner, 2009
- Duke Law Alumnae Leadership Council
Professional Affiliations
- Illinois Bar Association - Antitrust and Unfair Competition Law Section Council, Chair 2015-present
- Missouri Bar Association – Member, Antitrust Committee
- American Bar Association - Member, Antitrust Section
- Harvard Law School - Women’s Leadership Roundtable, 2016 Participant
"Buyer Breakup Fees Increasingly Common for Biggest Deals Amid Aggressive Antitrust Enforcement," The Capitol Forum (Vol. 11 No. 452)
- Executive Committee
- Recruiting Committee
- Women's Forum Affinity Group Leadership Team
- Bryan Cave LGBTQ Lawyers Affinity Group / Allies Program
Spoken Languages
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Spanish
Admissions
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Missouri, 1994
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Illinois, 1993
Education
Duke University, J.D., 1993
Duke University, A.B., 1990
Related Capabilities
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Antitrust & Competition
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Marketing & Advertising
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Contract, Endorsement & Celebrity Representation
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Sports & Event Venue Real Estate Infrastructure & Operation
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Naming Rights & Sponsorship
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Sports & Entertainment M&A
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Sports, Media & Entertainment Litigation
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Collegiate Sports
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Sports, Media & Entertainment
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Entertainment Industry
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Olympic & National Governing Bodies
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Professional Sports Team Representation
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Food & Agribusiness
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Agribusiness
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Healthcare & Life Sciences
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Sports & Event Financing
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Litigation & Dispute Resolution
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Investigations
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Regulation, Compliance & Advisory
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Higher Education
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Data Centers & Digital Infrastructure
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State Attorneys General Practice
Experience
- Representation of Terex Corporation in the 2017 sale of its global crane business to competitor Konecranes, including response to Department of Justice second request and coordination of multijurisdictional international merger investigations of the sale.
- Defense of multiple pharmaceutical companies in investigations by Federal Trade Commission, including allegations of anticompetitive acquisitions, conduct aimed at preserving branded pharmaceutical market position against generics, and excessive pricing.
- Successful defense of international food products company in 2016 consummated merger investigation by Federal Trade Commission, focusing on U.S. market effects in niche product areas.
- Defense of international plastics products manufacturer in a series of merger investigations relating to acquisitions.
- Antitrust counsel to PGA for accreditation issues.
- Advisor to international automotive products manufacturer on pricing and sales practices, joint ventures and business combinations.
- Representation of U.S. department store chain in multiple pricing practices inquiries by Better Business Bureau and state attorneys general.
- Defense of multiple merger reviews on behalf of U.S.-based electronic components manufacturer.
- Retail pricing strategy advisor to well-known manufacturers of clothing, footwear, home goods, personal care products, automotive parts, software, furniture, outdoor products, flooring, pharmaceuticals, food ingredients, and packaging.
- Advisor to franchisors on setting customer-facing pricing and sales policies for franchisees.
- Defense of state Attorney General investigations of unfair competition against clients in automotive, jewelry, furniture, recreational products, hospitality and construction industries.
- Representation of over twenty different trade associations involving competitors, including creating antitrust compliance materials, conducting training, and providing advice on all aspects of operations.
- Planning and conducting antitrust compliance audits for companies in diverse manufacturing and service industries, resulting in the identification of critical antitrust risks and creation of responsive compliance strategies, as well as ongoing review and counseling to ensure revised policies and procedures are implemented and continue to function effectively to address identified risks.
Resources
Publications
- Co-Author, "HSR in Flux: New Filing Requirements Collide with Federal Court Ruling," BCLP Insight, February 2026
- Co-Author, "California Adopts New Antitrust Filing Requirements, Adding Obligations for HSR Act Filers in 2027," BCLP Insight, February 2026
- Co-Author, "FTC Chairman Issues Warning Letters Relating to Diversity Initiatives to Law Firms Which Have Implications to Corporate Employers as Well," BCLP Insight, February 2026
- Co-Author, "Seal the Valve, But Not the Deal: Court Blocks Edwards Lifesciences’ Pre Commercial Merger," BCLP Insight, January 2026
- Co-Author, "All A-Board? Not so Fast: Private Equity and Family Offices Should Take Note of New Thresholds for Clayton Act Prohibition on Interlocking Directorates," BCLP Insight, January 2026
- Co-Author, "FTC Announces 2026 HSR Act Thresholds and Filing Fee Schedule," BCLP Insight, January 2026
- Co-Author, "Early Reviews Are In: FTC Flags Potential Violations of Consumer Reviews Rule," BCLP Insight, January 2026
- Co-Author, "Rent Now, Pay Later? FTC Warns Property Management Software Companies to Make Sure Their Advertised Prices Are Accurate," BCLP Insight, December 2025
- Co-Author, "Is the Price Right? New York and California Escalate Legal Pressure on Pricing Algorithms," BCLP Insight, October 2025
- Co-Author, "Blocking Their Own Shot: FTC’s Recent Arguments Could Impact If and How FTC Investigations Are Conducted," BCLP Insight, September 2025
- Co-Author, "Increased Scrutiny of Crop Inputs: USDA Announcement Signals a Renewed Partnership with DOJ Antitrust Enforcement," BCLP Insight, September 2025
- Co-Author, "Food for thought: Labour market cartels and minority shareholdings," BCLP Insight, August 2025
- Co-Author, "Don’t Forget About Clayton Act Thresholds For Your Directors and Officers," BCLPSecCorpGov blog, July 2025
- Co-Author, "Mark Meador’s Confirmation Unlikely to Lead to Major Changes at the FTC," BCLP Insight, April 2025
- Co-Author, "Embrace Tradition, Reject Modernity? Recent FTC and DOJ Deal Challenges Show Preference for Traditional Antitrust Theories of Harm," BCLP Insight, March 2025
- Co-Author, "Disconnecting Companies: DOJ and FTC Push for Broader Interlocking Directorate Liability," BCLP Insight, January 2025
- Co-Author, "FTC Announces 2025 HSR Act Thresholds and Filing Fee Schedule," BCLP Insight, January 2025
- Co-Author, "FTC Secures Record-Breaking Gun-Jumping Fine, Opines on Buyer’s Right to Approve Transactions and Lack of Diligence Controls," BCLP Insight, January 2025
- Co-Author, "One More for the Road: FTC files price discrimination suit against beverage company in final weeks of Biden administration," BCLP Insight, December 2024
- Co-Author, "Never Bad-Mouth Synergy: FTC and DOJ Withdraw Antitrust Guidelines for Collaborations Among Competitors," BCLP Insight, December 2024
- Co-Author, "Trump Controlling the FTC? Picks for FTC Chair and FTC Commissioner Signal Significant Changes," BCLP Insight, December 2024
- Co-Author, "President-elect Trump’s Pick to Lead DOJ’s Antitrust Division Signals Continued Aggressive Big Tech and Agriculture Enforcement," BCLP Insight, December 2024
- Co-Author, "The FTC and State Case Against Amazon Highlights Risks and Impacts from Using Pricing Algorithms," BCLP Insight, October 2024
- Co-Author, "FTC Announces New Premerger Notification Form," BCLP Insight, October 2024
- Co-Author, "The Amazon Regrows: DC High Court Revives Suit Against Amazon’s Pricing Practices," BCLP Insight, August 2024
- Co-Author, "FTC announces 2024 thresholds under HSR Act," BCLP Insight, January 2024
- Co-Author, "Stay Above Board In 2024," BCLP Insight, January 2024
- Co-Author, "Biden administration files two new lawsuits aimed at exclusionary conduct and information exchanges," BCLP Insight, October 2023
- Co-Author, "Government Shutdown’s Impact on Antitrust Merger Review," BCLP Insight, October 2023
- Co-Author, "Back to the Future: Antitrust Agencies Announce New Draft Merger Guidelines," BCLP Insight, July 2023
- Co-Author, "U.S. antitrust agencies propose major changes to pre-merger review process," BCLP Insight, June 2023
- Co-Author, "A noisy exit by FTC Commissioner Wilson," BCLP Insight, February 2023
- Co-Author, "Stay above board: new thresholds applicable to Clayton Act prohibition on interlocking directorates," BCLPSecCorpGov blog, January 2023
- Co-Author, "FTC announces 2023 thresholds under HSR Act and Clayton Act," BCLP Insight, January 2023
- Co-Author, "FTC Proposes Broad Ban on Non-Competes, but there’s an Exception for Dealmakers," BCLPSecCorpGov blog, January 2023
- Co-Author, "Significant Changes to U.S. Premerger Filing Fees under the Consolidated Appropriations Act 2023," BCLP Insight, January 2023
- Co-Author, "Continuing trend: HSR notifications significantly down in October 2022," BCLP Insight, November 2022
- "Picking the locks: Recent DOJ enforcement of Clayton Act’s prohibitions on interlocking directorates," BCLP Insight, October 2022
- "A Rising Tide for Antitrust Scrutiny," The Corporate Board, May/June 2022
- Co-Author, "New 2022 HSR Thresholds Announced," BCLP Insight, January 2022
- Co-author, Missouri chapter of ABA State Antitrust Practice and Statutes treatise, 2022
- Co-Author, "With its Latest Antitrust Nomination, Biden Administration Doubles Down on its Big Tech Enforcement Focus," BCLP Insight, July 2021
- Co-Author, "Elevating Antitrust Issues: President Biden’s New Executive Order," BCLP Insight, July 2021
- Co-Author, "From Big Tech Critic to Head Regulator: Lina Khan Will Lead the FTC with Bipartisan Support," BCLP Insight, July 2021
- Co-Author, "New Antitrust Bills Highlight Continued Big Tech Scrutiny," BCLP Insight, June 2021
- Co-Author, "BCLP’s Competition Collective: Antitrust, Foreign Investment and Trade Insights from around the world," BCLP Insight, May 2021
- "U.S. Antitrust Agencies Suspend Early Termination of Merger Review Waiting Periods," BCLPSecCorpGov blog, February 2021
- "U.S. Antitrust Agencies Suspend Early Termination of Merger Review Waiting Periods," BCLP Insight, February 2021
- "2021 HSR Thresholds Decreasing," BCLP Insight, February 2021
- Co-Author, "FTC Lowers Interlocking Directorate Thresholds for 2021," BCLP Insight, February 2021
- Co-Author, "Antitrust and Competition in the time of COVID-19: Practical Guidance," BCLP Insight, April 2020
- Co-Author, "COVID-19 U.S. Antitrust Developments: FTC Resumes Early Termination Process," BCLP Insight, March 2020
- Co-Author, "COVID-19: U.S. Antitrust Agencies Seek To Provide Expedited Responses To Competitor Collaboration Business Evaluation Requests," BCLP Insight, March 2020
- Co-Author, "Citing COVID-19 Concerns, FTC Suspends Early Termination and Temporarily Institutes E-Filing System," BCLP Insight, March 2020
- "FTC Increases Interlocking Directorate Thresholds for 2020," BCLP Insight, February 2020
- "HSR Thresholds Increased," BCLP Insight, February 2020
- Co-Author, "UK and US Public Takeovers: A New Political and Regulatory Landscape," PLC Magazine, October 2018
- Co-Author, "Tips for Securing Antitrust Clearance Around the World," Law360, June 21, 2017
- Co-Author, Robinson-Patman Handbook, 2012
- "Proposed Revisions of the Horizontal Merger Guidelines Are Released," Antitrust and Unfair Competition Law, Vol. 48, No. 4, June 2010
- Co-Author, Antitrust Law Developments Annual Review, 2009
- Co-Author, “Post-Termination Trademark and Trade Secret Infringement,” Franchise and Dealer Termination Handbook (2d Ed.), 2008
- Co-Author, “Leegin: The Supreme Court Overrules Doctor Miles and Ushers in a New Approach to Price Maintenance,” Distribution, Vol. 11, No. 2, September 2007
- Co-Author, “Disappointed Dealer Prevails on State Claim, Loses Federal Price Discrimination Issue,” Franchise Law Journal, 2006
- “The Antitrust Implications of Creative Pricing Strategies,” St. Louis Bar Journal, 2002
- Co-Author, “The Emerging Role of Efficiencies in Merger Analysis,” St. Louis Bar Journal, 1999
Speaking Engagements
- Presenter on strategies for successful merger defense in international transactions, 2016-2017
- Presenter on pricing strategies and preserving value for manufactured products in e-commerce, 2016-2017
- Lecturer on U.S. Antitrust Laws to Georgetown University economics students, 2016
- Lecturer on U.S. Antitrust Laws to Olin School of Business students, 2012-13
- Presenter, “Antitrust and the Roberts Supreme Court: Changes in the Law That You Need to Know,” Seminar, January 18, 2008
- Presenter, “Volvo v. Reeder-Simco – The Reviews are In,” Teleseminar by the American Bar Association Section of Antitrust Law, May 31, 2006
Related Insights
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