Niall E. Lynch represents leading US and global companies in United States Department of Justice (DOJ) criminal antitrust investigations and follow-on litigation.
Mr. Lynch helps clients successfully navigate the unique intricacies of DOJ antitrust investigations, drawing on 15 years of experience as a former prosecutor in the DOJ’s Antitrust Division. His distinctive experience in international antitrust and competition matters includes cartels, civil conduct, and criminal investigations, as well as follow-on class action litigation.
Notably, Mr. Lynch has represented multinationals and their managers in criminal and administrative price-fixing investigations in Brazil, Canada, Europe, Japan, Korea, the United Kingdom, and the United States. His experience spans a variety of industries, including semiconductors, information technology, electronics, chemicals, oil and gas, consumer food products, government contracts, and media.
Mr. Lynch handles every stage of criminal antitrust investigations by helping clients:
- Negotiate compliance with DOJ grand jury subpoenas quickly and efficiently
- Convince the DOJ to conclude investigations with no enforcement action
- Negotiate and mitigate liability in plea agreements and other government resolutions
- Achieve favorable outcomes at trial
Prior to joining Latham, Mr. Lynch served as Assistant Chief in the DOJ’s San Francisco Field Office. He led several of the Division’s most significant criminal prosecutions, including the liquid crystal display (LCD) and dynamic random access memory (DRAM) grand jury investigations, which resulted in US$1.6 billion in criminal fines and dozens of individual prosecutions. He also prosecuted numerous cases in the General Crimes Section while serving as a Special Assistant United States Attorney. Mr. Lynch tried several jury trials and received numerous awards during his tenure at the DOJ, including the Attorney General’s Distinguished Service Award, the second-highest award for DOJ employee performance. Mr. Lynch has repeatedly earned recognition as one of the world's foremost competition practitioners, including by The International Who’s Who of Competition Lawyers & Economists every year since 2013. He is one of seven lawyers in California to be named a 2019 Thought Leader by the publication. Mr. Lynch currently ranks in Chambers USA as Band 1 for Nationwide Antitrust Cartels.
Mr. Lynch is a member of the American Bar Association Antitrust Section’s International Cartel Task Force, and previously chaired the Executive Committee of the California State Bar’s Antitrust and Unfair Competition Law Section. He also previously served as Local Chair of Latham & Watkins’ San Francisco Litigation & Trial Department.
Mr. Lynch's experience includes representing:
- One of the world’s largest advertising holding companies in connection with an ongoing US Department of Justice (DOJ) grand jury investigation for bid rigging
- The largest consumer tuna producer in the United States in connection with an ongoing DOJ grand jury investigation for price fixing
- A major financial services institution in a market manipulation investigation by the DOJ and CFTC, which was successfully resolved without charges filed
- Several Japanese automotive parts manufacturers and executives in criminal price-fixing investigations by the DOJ, Antitrust Division, none of which have resulted in criminal charges
- A major US consumer products manufacturer in a price fixing suit filed by the Federal Trade Commission
- One of the largest propane suppliers in the United States sued in 38 class action lawsuits by direct and indirect purchaser plaintiffs - In re: Pre-Filled Propane Tank Antitrust Litigation
- Several Fortune 500 companies in internal investigations relating to potential antitrust violations
- The president of a major energy company and the CEO of software company in criminal price-fixing investigations by the DOJ, Antitrust Division and both executives were cleared of all charges