Kelly Smith Fayne is an antitrust associate in the San Francisco office of Latham & Watkins.
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
- Panelist, “Hear Me Out!” Understanding the US and EU Competition Hearings – Part II: What We’re Learning and Who Is Taking Note, ABA Antitrust Section, December 19, 2018
- Panelist, “Two-Sided Markets in Modern Antitrust: Beyond Ohio v. American Express,” ABA Antitrust Section, February 15, 2018
- Moderator, “The European Court of Justice's Intel Decision,” ABA Antitrust Section, October 18, 2017
- Panelist, “The FTC Report That K-Dur Ignored,” ABA Antitrust Section, December 3, 2012
Publications
- “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