Edward G. Biester III

Partner

  • Edward G. Biester III
  • Phone: +1 215 979 1162

    Edward G. Biester III - LinkedIn Import to Address Book

  • Duane Morris LLP
    30 South 17th Street
    Philadelphia, PA 19103-4196
    USA

Edward G. Biester III is a member of Duane Morris' Trial Practice Group. He represents clients in litigation, transactions and counseling on compliance with antitrust and competition laws, providing advice to manufacturers, distributors and service providers on distribution issues, and antitrust aspects of joint ventures, competitor collaboration and transactions, including Federal Trade Commission and Department of Justice merger investigations and compliance with the Hart-Scott-Rodino Antitrust Improvements Act of 1976. His litigation and arbitration experience includes antitrust, commercial, banking and insurance, corporate and securities, class action and intellectual property matters. He has also assisted clients in connection with FDIC receiverships, including banks purchasing and assuming assets and liabilities of failed banks, and has represented insurance guaranty associations in connection with insurance insolvency matters and related issues.

Mr. Biester is a member of the Antitrust Law Section of the American Bar Association, and has served as chair of its Public Education and Oral History Committee, a vice chair of its Teleseminars Committee, a vice chair of its Intellectual Property Committee and as a member of the editorial board of Antitrust magazine. He has also contributed to Antitrust Section publications, including Antitrust Law Developments (Sixth), Intellectual Property and Antitrust Handbook, and Bank Mergers and Acquisitions Handbook. In the Philadelphia Bar Association, Mr. Biester has served as the chair of the Federal Courts Committee and the chair of the Business Litigation Committee. He serves as a Judge Pro Tempore for the Philadelphia Court of Common Pleas' Commerce Case Management Program.

Representative Matters

    Antitrust and Competition

  • Represented Exacta Systems, LLC, a leader in historical horse racing gaming, in the sale of the company to Churchill Downs, Inc. for $250 million.

  • Represented Hill International, Inc. (NYSE: HIL), a leading provider of construction project management services, in its sale to Global Infrastructure Solutions Inc., in a transaction with an enterprise value of $350 million.

  • Represented DSM-Firmenich Inc., one of the world's largest producers of flavors and fragrances, in US HSR antitrust review of its merger with DSM which established a combined entity with a market cap in excess of €25 billion.

  • Represented gas station and convenience store chain in acquisition of a chain in Florida.

  • Represented Certified Collectibles Group, a leading global provider of authentication, grading and conservation services, in its sale to funds managed by private equity firm Blackstone (NYSE: BX)’s Tactical Opportunities business, which valued the company at more than $500 million.

  • Represented a leading distributor and retailer of motor fuels in the sale of its assets, including more than 1,400 wholesale fuel locations and 70 retail convenience stores, to a large U.S. operator of gas stations/convenience stores in a transaction valued at over $350 million, including negotiation of FTC Consent Order and divestures in seven local markets in four states.

  • Represented DSM-Firmenich Inc., one of the world's largest producers of flavors and fragrances, in US HSR antitrust review of its acquisition of Les Dérivés Résiniques et Terpéniques ("DRT"), a world leader in the development and supply of high quality, renewable and naturally-derived ingredients.

  • Represented Mannington Mills, Inc., a leading manufacturer of fine flooring, in HSR antitrust review of its acquisition of Phenix Flooring, Inc. and Pharr Fibers & Yarns, leaders in residential carpet and fibers and yarns.

  • Represented a foreign chemical manufacturer in obtaining a Consent Order from the FTC allowing a joint venture with competing manufacturers of PTA and PET to acquire out of bankruptcy and complete the largest PTA and PET plant in North America. In re: Corpus Christi Polymers LLC, FTC Docket No. C-4672

  • Represented First Citizens Bancshares, Inc. and First-Citizens Bank & Trust Company in antitrust review of acquisition of $1.6 billion asset Entegra Financial Corporation.

  • Represented iAnthus Capital Holdings, Inc. as U.S. counsel in connection with its all-stock merger with MPX Bioceutical Corp., offering equity consideration to MPX shareholders valued at $1.6 billion, representing the first “public to public” merger in U.S. cannabis history.

  • Represented a pharmaceutical company in obtaining antitrust clearance of acquisition of portfolio of medical dermatology products in a deal valued between $550 and $650 million.

  • Represented generic pharmaceutical company in obtaining antitrust clearance for transaction with several overlaps following issuance of second request.

  • Represented defendant in In re Domestic Drywall Antitrust Litigation, MDL No. 2437 (E.D. Pa.) direct and indirect purchaser putative class actions alleging price fixing.
  • Represented insurance company defendant in class action asserting antitrust, RICO and ERISA violations relating to contingent commissions, In re Employee Benefits Insurance Brokerage Antitrust Litigation, MDL No. 1663 (D.N.J.)
  • Represented defendant in actions alleging price-fixing regarding LCD panels, In re TFT-LCD Antitrust Litigation, MDL No. 1827 (N.D. Cal.)
  • Represented credit card issuer in defense of antitrust action seeking billions of dollars of damages in connection with Visa and MasterCard rules regarding member issuance on competing networks in a private civil action following a DOJ civil enforcement action, American Express Travel Related Services, Inc. v. Visa U.S.A., Inc. (S.D.N.Y.)

  • Represented buyer of assets from divestitures required by consent decree to address competition issues.

  • Represented company responding to DOJ subpoena in merger litigation.

  • Obtained dismissal of antitrust claims asserted against audio system supplier. (C.D. Cal.)

  • Supreme Court Amicus Brief, FTC v. Actavis (reverse payment in patent settlements).
  • Represented individual corporate opt-out plaintiff in price fixing action in In re Hydrogen Peroxide Antitrust Litigation, MDL No. 1682 (E.D. Pa.).

  • HSR and merger review relating to financial institutions, hospital systems, biotech and pharmaceutical companies, medical device and equipment manufacturers, gas stations and convenience stores, cannabis, luxury goods, flooring products, marinas, fragrances and flavors, food products, auto parts, chemicals, electronics, metals and refining, construction services, building products, software, agricultural products, and numerous other industries.

  • Represented technology company in connection with DOJ merger investigations.

  • Represented aluminum company in U.S. antitrust review and HSR and antitrust compliance in world-wide joint venture in soft alloy aluminum.

  • Represented major regional bank in antitrust aspects of acquisition of bank with over $1 billion in deposits and with branches in several overlapping markets in which bank merger antitrust screens were exceeded.

  • Represented the shareholders of Ideal Protein, a Quebec-based corporation with significant U.S. operations, in the sale of a majority interest to funds advised by Apax Partners LLP, a global private equity firm.

  • Represented Quanta Services, Inc. (NYSE: PWR) in the sale of five subsidiaries comprising its fiber optic licensing operations to Houston-based Crown Castle International Corp. (NYSE: CCI) for $1 billion in cash.

  • Numerous bank merger transactions and branch acquisitions cleared through the Department of Justice and bank regulatory agencies in matters where competition screens triggered substantive review or investigations.

  • Represented manufacturer of power washers in action brought by competitor and former OEM contractor alleging antitrust violations and misappropriation of trade secrets, Ramteq, Inc. v. Alfred Karcher, Inc. (S.D. Tex.)
  • Obtained summary judgment in favor of distributor defendant in action alleging group boycott relating to limited distribution policies for hair care products. Cosmetic Gallery, Inc. v. Schoeneman Corp. (D.N.J.)
  • Obtained dismissal of antitrust claims relating to state settlement of tobacco litigation, Mariana v. Fisher (M.D. Pa.)
  • Represented plaintiff law school asserting antitrust claims relating to accreditation of law schools, Massachusetts School of Law at Andover, Inc. v. American Bar Association, et al. (E.D. Pa.)

    • Commercial, Corporate, Banking and Insurance

  • Represented Pennsylvania Life and Health Insurance Guaranty Association in connection with various matters relating to the insolvency of long term care insurer Penn Treaty Network America Insurance Company.

  • Assisted banks with transition issues in Purchase & Assumption and Loss Share Agreements in acquisitions out of FDIC receiverships.

  • Represented utility company in litigation over indemnities in connection with asset purchase agreement, Aqua America, Inc. v. Duquesne Light Holdings, Inc. (Phila. CCP)

  • Negotiated termination of North American wholesale distributor and corporate shareholder buy-out and reorganization for fashion company.

  • Arbitration of dispute relating to termination of supply agreement and resolution of accounts.

  • Represented state insurance guarantee association in insurance insolvency proceedings. In re Reliance Insurance Co.; In re Legion Insurance Co.; In re Villanova Insurance Co.

  • Represented corporation in arbitration proceedings and negotiation of co-founder separation from technology company, including issues relating to shareholders agreement and trade secret and corporate opportunity issues.

  • Represented agent of senior lenders on appeal successfully supporting confirmation of reorganization plan over objections of subordinated noteholder in bankruptcy of supermarket chain, In re PWS Holding Corp., Bruno's Inc. et al. (3d Cir.)
  • Represented group of condominium owners in litigation over condominium management and finances, Breslow v. BDGP, Inc., Trading as Claybar Development, L.P., et al. (Phila. C.C.P.)
  • Represented insurance rating bureau in mandamus action seeking to obtain ruling from Insurance Commissioner on workers compensation rate filing, Pennsylvania Compensation Rating Bureau v. Insurance Commissioner (Pa. Commonwealth Ct.)
  • Represented major automobile insurance company in successfully challenging constitutionality of provision of rate rollback statute effecting retroactive disallowance of deemed rate, and defense of claims asserted by state insurance commissioner alleging that several major auto insurer's responses to rate rollback legislation constituted unfair competition. Foster, Insurance Commissioner v. State Farm Mutual Automobile Insurance Co., et al., No. 192 M.D. 1990 (Pa. Commonwealth Ct.), State Farm Mutual Automobile Insurance Co., et al. v. Constance E. Foster, Insurance Commissioner, No. 652 C.D. 1990 (Pa. Commonwealth Ct.); In re State Farm Mutual Automobile Insurance Co., Docket No. R90-08-44 (Pa. Ins. Dept.)

Admissions

  • Pennsylvania
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Middle District of Pennsylvania

Education

  • University of Pennsylvania Carey Law School, J.D., 1984
    - Executive Editor, University of Pennsylvania Law Review
  • Wesleyan University, B.A., 1980

Experience

  • Duane Morris LLP
    - Partner, 1994-present
    - Associate, 1986-1993
  • U.S. District Court for the Eastern District of Pennsylvania, Judicial Clerk, Honorable Donald W. VanArtsdalen, 1984-1986

Professional Activities

  • Commerce Program Judge Pro Tempore, Philadelphia Court of Common Pleas, 2000-present

  • American Bar Association (ABA) Antitrust Law Section
    - Chair, Public Education and Oral History Committee, 2009-2017
    - Vice Chair, Teleseminars Committee, 2006-2008
    - Vice Chair, Intellectual Property Committee, 2003-2006
    - Editorial Board, Antitrust Magazine, 2001-2003

  • Philadelphia Bar Association
    - Chair, Federal Courts Committee, 2007
    - Chair, Business Litigation Committee, 2000
  • Law360 Editorial Advisory Board
    - Competition Section, 2010

Honors and Awards

  • Listed in Chambers USA: America's Leading Lawyers for Business, 2024

  • Listed in The Best Lawyers in America, 2024
  • Listed in The International Who's Who of Competition Lawyers & Economists, (Who’s Who Legal Competition & Antitrust), 2014-2015, 2022-2024
  • Listed in The International Who's Who of Business Lawyers, 2014

  • Listed in Pennsylvania Super Lawyers, 2006-2021

  • Recipient of the Philadelphia Bar Association's Wells Fargo Fidelity Award, 2010
  • Listed in Super Lawyers Corporate Counsel Edition, Antitrust Litigation, 2009 and 2010
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Board Memberships

  • Philadelphia Bar Foundation
    - Trustee, 2014-2019

Selected Publications

Selected Speaking Engagements

  • Panelist, "Antitrust and Hart-Scott-Rodino Points in Mergers and Acquisitions," Philadelphia Bar Association's Antitrust Law & Mergers and Acquisitions Committee CLE, July 8, 2014
  • Panelist, "Merger Update," Pennsylvania Bar Institute Program on Antitrust Law: Beyond the Basics, March 12, 2013
  • Panelist, "How to Prepare and Try a Significant Case in the Commerce Case Management Program," Pennsylvania Bar Institute program, April 11, 2011
  • Panelist, "Commerce Judges Pro Tempore," Philadelphia Bar Association, Pennsylvania Bar Institute program, June 17, 2008
  • Panelist, "Handling Business Litigation in the Philadelphia Commerce Case Management Program," Pennsylvania Bar Institute program, December 6, 2007
  • Panelist, Philadelphia Bar Association Bench-Bar Conference, Atlantic City, New Jersey, September 30, 2006
  • Course planner, annual Federal Bench-Bar conference, June 16, 2006
  • Chair, "Navigating the IP/Antitrust Intersection," Panelist, Antitrust Issues in Patent Settlements, American Bar Association, Antitrust Section, Annual Spring Meeting, Washington, D.C., March 30, 2006
  • Panelist, "Update on the Commerce Program," Philadelphia Bar Association's Bench-Bar Conference, November 2004
  • "Handling the Emergency Business Case," seminar and panel discussion sponsored by the Philadelphia Bar Association and the Pennsylvania Bar Institute, March 11, 2004
  • Panelist, "Commerce Program Update," Philadelphia Bar Association, Bench-Bar Conference, Atlantic City, New Jersey, Nov. 5, 2004
  • Panelist, "Overview of the Philadelphia Commerce Court," Philadelphia Bar Association State Bench-Bar Conference, Philadelphia, Pennsylvania, October 23, 2003
  • Antitrust and IP Interface, Ins. Soc. of Phila CLE, June 12, 2002
  • Faculty Member, Commerce Case Management Program of Philadelphia County, Pennsylvania Bar Institute, Philadelphia, Pennsylvania, May 17, 2000.
  • Faculty Member, "The Nuts & Bolts of the New Commerce Case Management Program in Philadelphia County," Pennsylvania Bar Institute, Philadelphia, Pennsylvania, December 13, 1999.
  • Speaker, Litigation of Intellectual Property Claims and Legal Issues Involving the Internet, "Fundamentals of Pennsylvania Intellectual Property Law and Practice," National Business Institute, Philadelphia, Pennsylvania, June 29, 1999.