Bilal Sayyed is a partner in the Antitrust & Competition Practice Group in the Washington, D.C. office of Kirkland & Ellis LLP. Bilal regularly represents clients before the Federal Trade Commission and Department of Justice in significant merger, civil and criminal antitrust matters. He has an active Hart-Scott-Rodino Act counseling practice, and has represented clients in a number of FTC investigations regarding compliance with the HSR Act. In addition to his representation of clients in antitrust and competition matters, Bilal represents clients before the FTC and the Consumer Financial Protection Bureau in consumer protection investigations. He is also an adjunct professor at George Mason University School of Law, where he teaches antitrust and competition law.
Bilal has recently acted as counsel in a number of significant FTC and DOJ matters, including representation of:
NRG Energy, in the DOJ's investigation (2012) of its merger with GenOn Energy, forming the largest competitive power generator in the United States.
Spectrum Pharmaceuticals, in the FTC's investigation (2012) of its acquisition of Allos Therapeutics, Inc.
An FTC investigation (2012) of a corporation's failure to comply with the Hart-Scott-Rodino Act.
An affiliate network marketing company, in an FTC Bureau of Consumer Protection investigation (2011) of its advertising and marketing practices.
Constellation Energy, in the DOJ's review (2011) of its $7.9 billion merger with Exelon, creating the largest U.S. competitive power generator and the second largest residential electricity and gas distribution company.
An Investment Fund, in a successful resolution of an FTC investigation (2011) of the Fund's compliance with the HSR Act.
EMS Technologies, in the DOJ's review (2011) of its acquisition by Honeywell International.
Exxon Mobil, in the FTC's investigation (2011) of the company's sale of its Maine terminal and pipeline system to Irving Oil.
An individual in a successful resolution of a DOJ criminal investigation (2009) into alleged bid-rigging for government contracts.
Northwest Airlines, in the DOJ's investigation (2008) of the company's investment in Midwest Airlines.
Exxon Mobil, in the FTC's 2007-2008 Pacific Northwest Gasoline and Diesel Fuel Price Investigation and in the FTC's 2005-2006 Investigation of Gasoline Price Manipulation and Post-Katrina Gasoline Price Increases.
The Jean Coutu Group, in the FTC's investigation (2006-2007) of the $3.4 billion sale of the company's U.S. retail drugstore business to Rite Aid Corporation.
- An Investment Fund in a Hart-Scott-Rodino Act "Failure-to-File" Investigation (2007).
Prior to joining Kirkland, Bilal served as Attorney Advisor to Federal Trade Commission Chairman Timothy J. Muris. In that role, he advised the Chairman on merger matters involving a wide spectrum of industries, including chemical and mining, petroleum and natural gas, health care and pharmaceutical, defense and transportation, gaming, and various consumer products and retail operations.
Bilal advised the Chairman on a number of major non-merger matters, including physician price-fixing investigations, professional association cases, and the improper use of the standard setting process to exclude competitors. During his tenure at the FTC he also served as Attorney Advisor in the FTC's Office of Policy Planning, and provided counsel on the agencies' consumer protection and competition initiatives.
Bilal has an active pro bono practice and, with the Center for Individual Rights, challenged the forced removal of a child from this family as a violation of the Fourth and Fourteenth Amendment. He has also represented an individual fleeing political violence in Sri Lanka (Ceylon), in an asylum proceeding. Bilal is a member of the Tahirih Justice Center's Policy Council, and has represented immigrant women seeking protection and relief under the Violence Against Women Act. He has provided pro bono legal services to the Women's Sports Foundation, a non-profit organization dedicated to promoting equal opportunities in athletics for girls and women.
"The Long Shadow of Standard Oil: Policy, Petroleum, and Politics at the Federal Trade Commission," 85 Southern California Law Review 843 (2012) (co-author)
Antitrust Law Developments (Seventh), American Bar Association (2012) (contributor)
"Conflict, Convergence, Cooperation" in Monopolization and Dominance Handbook, American Bar Association (2011) (co-author)
Interlocking Directorates Handbook, American Bar Association (2011) (contributor)
"Shrinking from the 'Third Rail': Avoiding Direct Effects Analysis in Lundbeck," Antitrust (Spring 2011) (co-author)
"Three Key Principles for Revising the Horizontal Merger Guidelines," Antitrust Source (April 2010) (co-author)
"2009 Annual Review of Antitrust Law Developments," ABA Section of Antitrust Law (contributor, Criminal Antitrust Enforcement)
"2008 Annual Review of Antitrust Law Developments," ABA Section of Antitrust Law (contributor, Criminal Antitrust Enforcement, and Restraints of Trade)
"Developments in International Cartel Enforcement and Leniency Agreements: 2008 to 2009," Antitrust Review of the Americas 2010 (2009) (co-author)
"Developments in International Leniency Agreements: 2007 to 2008," The Antitrust Review of the Americas 2009 (2008) (co-author)
"The Merger Guidelines Commentary: Practical Guidance and Missed Opportunities," Antitrust Source (May 2006) (co-author)
"Antitrust Fears After Qualcomm Case Need Not Scuttle Deals," Legal Times (June 2006) (co-author)
"FTC's Quest for Money Damages: An Unauthorized Power Grab," Washington Legal Foundation Legal Backgrounder (June 1999)
"Someone to Watch Over Me: Legal & Compliance Challenges Posed By Antitrust Agencies' Consent Decrees" Washington Legal Foundation (July 2011)
"Policy, Petroleum, and Politics at the Federal Trade Commission: 100 Years of Standard Oil", George Washington University School of Law (June 2011)
"What Can You Do with Your Equity Interest in a Competitor?" ABA Antitrust Section Spring Meeting (April 2010)
"The FTC's Part 3 Administrative Litigation Process: Efficient Adjudication or Disparate Treatment?" The Federalist Society (April 2010)
"Should Merger Law be Amended for the Oil Industry? A Discussion of Proposed Federal Legislation SR878," ABA Antitrust Section Program (May 2007)
U.S. District Court for the District of Colorado
U.S. District Court for the District of Columbia
U.S. Supreme Court