Kelly Smith Fayne

San Francisco
  • 505 Montgomery Street
  • Suite 2000
  • San Francisco, CA 94111-6538
  • USA

Kelly Smith Fayne is a partner in the San Francisco office of Latham & Watkins and a member of the Antitrust & Competition Practice.

Ms. Fayne advises clients on government reviews of mergers and acquisitions, antitrust compliance and counseling, and government conduct investigations. She also works closely with experts in preparing and presenting antitrust economic analysis and econometrics. Ms. Fayne represents clients from a wide range of industries, including:

  • High technology
  • Semiconductors
  • Private equity
  • Telecommunications
  • Entertainment and media
  • Pharmaceuticals
  • Logistics

Ms. Fayne has experience advocating for clients before several global antitrust regulators including in the US, European Union, Germany, United Kingdom, and South Korea. She is also actively involved in the ABA Antitrust Section, writes and speaks frequently on a range of antitrust issues, and currently serves as a senior editor of the Antitrust Law Journal.

Ms. Fayne was previously an analyst at a major economic consulting firm supporting expert economists in antitrust and intellectual property matters.

Speaking Engagements
  • “Editors’ Note: ‘No Question of More Pressing Importance’?,” Antitrust Law Journal, Innovative Antitrust Symposium, Fall 2019
  • “Antitrust Intelligence: Six Tips for Talking to AI Developers about Antitrust,” Competition Law & Policy Debate, Artificial Intelligence & Blockchain Symposium, October 2019
  • “Afterward: Calibrating the Conditional Pricing Practices Lexicon,” Antitrust Law Journal, Summer 2017
  • “The New IP Antitrust Licensing Guidelines’ Silence on SEPs,” Law360, January 19, 2017
  • “Joint Ventures in the Online Economy: New Uses for Old Guidelines,” Antitrust, July 2016
  • “Narrowing the Gap for the Price-Cost Test,” Antitrust Trade & Regulation Report, June 10, 2016
  • Contributor to Mergers and Acquisitions: Understanding the Antitrust Issues, 4th Edition, 2016
  • “Generic Drugmakers Will Challenge Patents Even When They Have a 97% Chance of Losing: The FTC Report that K-Dur Ignored,” CPI Antitrust Chronicle, September 2012
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