Andrea Agathoklis Murino, P.C.

Partner Antitrust & Competition

Washington, D.C. +1 202 389 3092

Andrea Agathoklis Murino, P.C.

Practices

Overview

Andrea Agathoklis Murino is an antitrust and competition partner in the Washington, D.C., office of Kirkland & Ellis LLP. Her unique combination of private and public sector experience allows her to provide practical, bespoke and efficient pathways to achieving her clients’ business objectives. Her primary focus is securing clearances for proposed transactions from the Antitrust Division of the U.S. Department of Justice (DOJ), the U.S. Federal Trade Commission (FTC), state attorneys general, and international competition law enforcement agencies. In the past year alone, she has successfully represented more than 100 clients through transaction-related investigations, including high-profile Second Requests. Clients have called Andrea “super responsive, very practical and a creative problem solver” who is “a real pleasure to work with” according to Chambers USA. To The Legal 500 U.S., clients noted she is “a very strong and persuasive communicator” who can “distill down the primary advocacy arguments in a case and communicate those ideas persuasively to the antitrust agencies.”

Since joining Kirkland, Andrea has been involved in the following:

  • Eli Lilly in its acquisition of Protomer Technologies for a potential transaction value of over $1.0 billion, as well as in connection with several other transactions.
  • Francisco Partners in its definitive agreement to acquire BARBRI Inc. from Leeds Equity Partners, as well as other transactions.
  • ADTRAN, Inc. in its $2.0 billion merger with ADVA.
  • NortonLifeLock, a global leader in consumer Cyber Safety, on its merger with Avast, a global leader in digital security and privacy, valued at over $8.6 billion.

The following matters occurred prior to joining Kirkland.

Publicly announced in-depth investigations and Second Requests where Andrea and her team provided advice to clients before the FTC and DOJ include:

  • Albany Medical Center, the largest locally governed health system in the New York Capital-region, in its acquisition of Glens Falls Hospital, which created one of the largest health systems providing care to residents throughout Northeastern New York state. Both the FTC and Attorney General of the State of New York examined this transaction, ultimately clearing it without condition.
  • Spark Therapeutics in its +$4 billion sale to Roche. Following an extensive and intensive 10-month investigation focused around novel gene therapy treatments for Hemophilia A, this transaction was cleared without condition by the Federal Trade Commission on a 5-0 vote. The Competition Markets Authority in the United Kingdom similarly cleared the transaction following its own investigation.
  • Beth Israel Deaconess Medical Center, Lahey Health System, New England Baptist Hospital, Mount Auburn Hospital, and Seacoast Regional Health System in their $5+ billion merger to create Beth Israel Lahey Health, the second largest healthcare system in the Eastern Massachusetts area. Approvals were required from both the FTC and multiple state-level agencies, including the Office of the Attorney General of Massachusetts. The Boston Globe described the combination as “the most significant health care deal in Massachusetts” in decades.
  • Rainmaker in its $300 million sale of its LRO software and related assets to RealPage. After concluding compliance with a Second Request process, this transaction was cleared by the DOJ without condition.

Prior to joining Kirkland, Andrea’s work included these select publicly announced transactions which were required to be reported under the HSR Act:

  • MyoKardia in its $13.1 billion sale to Bristol Myers Squibb
  • AMAG Pharmaceuticals in its $500 million sale to Covis Group
  • Workfront in its $1.5 billion sale to Adobe
  • Thrive Earlier Detection in its $2.15 billion sale to Exact Sciences
  • Segment in its $3.2 billion sale to Twilio
  • Nautic Partners in its acquisition of American Renal Associates for $863 million
  • Kabbage in its sale to American Express
  • Zoox in its acquisition by Amazon
  • BlueJeans in its sale to Verizon Business
  • Brammer Bio in its $1.7 billion sale to Thermo Fisher Scientific
  • Ipsen in its $1.3 billion acquisition of Clementia Pharmaceuticals
  • Twilio in its $3 billion acquisition of SendGrid
  • TurnItIn in its $1.75 billion sale to Advance Publications
  • The Independent Directors of Sprint Corporation in their $59 billion merger with T-Mobile USA
  • PillPack, Inc. in its $1 billion acquisition by Amazon
  • Teva Pharmaceuticals in its $2 billion sale of its women’s health business
  • Amplify Snack Brands, Inc. in its sale to The Hershey Company for $1.6 billion

Andrea served the highest decision-makers at both federal antitrust enforcement agencies. She was an attorney advisor to former FTC Chairman and Commissioner William Kovacic, where she offered advice on a diverse array of competition and consumer protection matters.

She also served as counsel to two Assistant Attorneys General for Antitrust at the Department of Justice, where she advised the Assistant Attorney General and the Deputy Assistant Attorneys General on criminal and civil enforcement matters.

Andrea was formerly a partner with Goodwin Procter.

More

Thought Leadership

Publications

Andrea speaks, lectures and writes frequently on several Antitrust & Competition law topics. She is frequently quoted by The Financial Times, The New York Times, Bloomberg, Reuters, Axios, CNBC, The Street, Law360, and various healthcare related publications. Her recent presentations and publications include:

  • “Populist Instincts: A Trump Administration Antitrust Merger Retrospective,” Antitrust Magazine, Volume 35 No. 3 (Summer 2021) 
  • "Killer Acquisitions in the Pharmaceutical Sector," GCR Live 2 Pharmaceuticals (February 2020)
  • “The Brave New World of Antitrust in Life Sciences M&A,” Goodwin + KPMG @ JP Morgan Symposium (January 2020)
  • “Merger Control 2019,” Global Legal Insights (June 2019)
  • “Merger Control 2018,” Global Legal Insights (July 2018)
  • “Antitrust Practice Advisor,” LexisNexis (May 2018)
  • “Analysis: Federal Court Blocks Staples’ Acquisition of Office Depot,” Featured Expert Article, Chain Store Age (May 2016)
  • “FTC Takes Scissors to Staples/Office Depot Merger,” Featured Expert Column, Legal Pulse Blog, Washington Legal Foundation (December 2015)
  • “With Recent Use of Disgorgement, FTC Continues to Sharpen its Enforcement Tools,” Featured Expert Column, Legal Pulse Blog (August 21, 2015)
  • “End of the Road in the Long-running FTC v. Phoebe Putney Saga,” Featured Expert Column, Legal Pulse Blog, Washington Legal Foundation (April 2015
  • “Five Lessons: Ninth Circuit Upholds Decision to Block Idaho Healthcare Merger,” Featured Expert Column, Legal Pulse Blog, Washington Legal Foundation (February 2015)
  • “Antitrust and Health Care: FTC's Off-Again, On-Again Challenge to Georgia Hospital Merger,” Featured Expert Column, Legal Pulse Blog, Washington Legal Foundation (November 2014)
  • Co-author with B. Tennis, “Mergers in the Information Technology Industry in the US: An Overview of Leading Cases” e-Competitions Bulletin US Mergers in IT, Art. No. 68765 (September 25, 2014)
  • “Does the FTC Glass Settlement Break the Efficiencies Mold?” Featured Expert Column, Legal Pulse Blog, Washington Legal Foundation (April 2014)
  • “FTC Sets New Rules for Pharma Licenses and Antitrust Approvals,” Featured Expert Column, Legal Pulse Blog, Washington Legal Foundation (November 2013)
  • “The Many Faces of the FTC on Display in Commissioners Review of Administrative Case,” Featured Expert Column, Legal Pulse Blog, Washington Legal Foundation (August 2013)
  • “Commissioner Wright Moves to Advance Discussion on FTC Act Section 5,” Featured Expert Column, Legal Pulse Blog, Washington Legal Foundation (June 2013)
  • “Newest Commissioner Makes the 'Wright' Call for FTC Act's Section 5,” Guest Commentary, Legal Pulse Blog, Washington Legal Foundation (April 2013)
  • “FTC Orders Divestitures Plus Novel Standard Essential Patent Remedy in Automotive Air Conditioning Merger,” e-Competitions National Competition Laws Bulletin (December 2012)
  • “FTC Withdraws 2003 Policy Statement Hinting at Further Use of Disgorgement as a Remedy,” e-Competitions National Competition Laws Bulletin (October 2012)
  • Co-author with S. Sher, “Unilateral Effects in Technology Markets: Oracle, H&R Block, and What It All Means,” Antitrust, Vol. 26, No. 3 (Summer 2012)
  • “Near, Far, Wherever You Are: Venue in Agency Antitrust Challenges,” Federal Civil Enforcement Committee Newsletter, ABA Section of Antitrust Law (May-June 2011)
  • “Looking Back on 2009: Antitrust Developments on Capitol Hill,” The Antitrust Counselor (January 2010)
  • “New Focus on Interlocking Directorates? Recent Section 8 Enforcement Activity,” Federal Civil Enforcement Committee Newsletter, ABA Section of Antitrust Law (September-October 2009)
  • “In Their Own Words: Predicting Enforcement under Varney and Leibowitz,” Antitrust (Summer 2009)
  • “The FTC and Monitor Trustees,” Mergers & Acquisitions Committee Newsletter, ABA Section of Antitrust Law (Spring 2007)

Speaking Engagements

FTC’s Hearings on Competition and Consumer Protection in the 21 Century

Mexican Federal Economic Competition Commission’s (COFECE’s) workshop on Antitrust, Innovation, and Entrepreneurship

International Competition Network meetings

American Bar Association Section of Antitrust Law events

 

Recognition

Who’s Who Legal: Thought Leaders – Competition 2022, Global Competition Review

Law360's 2021 Competition Editorial Advisory Board

Chambers USA: America’s Leading Lawyers for Business, Washington, D.C., Antitrust & Competition

The Legal 500 United States

Who's Who Legal Competition (2020, 2021)

The National Law Journal’s M&A and Antitrust Trailblazers (2018)

Global Competition Review’s Women in Antitrust (2016)

Global Competition Review 40 Under 40 (2016)

Memberships & Affiliations

Law360 Competition Law Editorial Advisory Board, 2016–present

MLex Advisory Board

Associate editor of Antitrust, a quarterly magazine from the ABA Section of Antitrust Law devoted to global antitrust and competition related topics

Contributor to LexisNexis’ “Antitrust Practice Advisor”

District of Columbia Bar Association

American Bar Association (ABA) Section of Antitrust Law

American Health Lawyers Association (AHLA)

Elizabeth Seton High School Board of Directors (Prince George’s County, Maryland)

Credentials

Admissions & Qualifications

  • District of Columbia
  • New York

Courts

  • Supreme Court of the United States
  • United States District Court for the District of Columbia

Education

  • The George Washington University Law SchoolJ.D.with Honors2001
  • American UniversityB.A., Economics & Political Sciencemagna cum laude1998

    Phi Beta Kappa

    University Honors Program