Sean P. McConnell, chair of Duane Morris' Antitrust division of the Trial Practice Group, has represented numerous clients in their most high-stakes and sophisticated antitrust disputes. Mr. McConnell represents U.S. and international clients on the full range of antitrust matters, from counseling and compliance, to defense of bet-the-company class actions and private litigation, to government investigations, to the competitive aspects associated with mergers, acquisitions, joint ventures, and other collaborations. While his representations and experience span numerous industry sectors, Mr. McConnell has deep experience in the life sciences, healthcare, and technology spaces, including artificial intelligence.
Chambers USA has identified Mr. McConnell as an “up-and-coming antitrust practitioner who is commended for his representation of clients in sophisticated class actions.” Chambers also described Mr. McConnell as “good on his feet” with a “really good presence in court” and an ability to “quickly understand the key issues of the case and how to present it.” Mr. McConnell has litigation experience against the U.S. Department of Justice, Federal Trade Commission, state attorneys general, and private litigants in over a dozen federal district courts, U.S. courts of appeal, and before the Federal Trade Commission. He has also successfully resolved disputes in arbitration and mediation. He also writes and lectures extensively on cutting-edge antitrust issues, and his antitrust analysis is regularly cited by leading legal publications, including Law360, Global Competition Review, mLex, and Law.com.
Mr. McConnell is a 2009 graduate of Villanova University School of Law, where he was a member of the Villanova Law Review, and he is a 2005 graduate of the University of Notre Dame with a degree in Finance.
Areas of Practice
Antitrust and Competition
Complex Commercial Litigation
- Mergers and Acquisitions
Representative Matters
Represented Exacta Systems in the sale of the company to Churchill Downs, Inc. for $250 million and led the antitrust team for Exacta.
Lead counsel for a leading fragrance manufacturer in three consolidated putative class actions pending in the U.S. District Court for the District of New Jersey involving alleged federal antitrust law violations.
- Lead antitrust counsel to biotech company regarding multi-million dollar sale to private equity.
- Lead U.S. antitrust counsel to global diversified technology and textile company with U.S. regulatory issues related to international transaction.
Lead U.S. antitrust counsel for a leading fragrance manufacturer in its multi-billion dollar merger with DSM.
Defending leading generic pharmaceutical supplier in over a dozen putative class actions in multidistrict litigation involving price-fixing and other federal and state anticompetitive claims.
Serving as lead antirust counsel to a vertically integrated cannabis enterprise in its acquisition of three separate manufacturers, cultivators, and distributors of cannabis.
Counseling provider of water, waste, and energy management services with antitrust aspects related to joint venture with competing firm.
Representing leisure travel services provider with antitrust aspects related to multiple business combinations.
Serving as lead antitrust counsel to e-commerce platform in $138 million sale.
Representing ventilation products provider with antitrust aspects of business combination.
Defending prosthetic device supplier against antitrust claims brought by the FTC related to consummated transaction.
Counseling producer of chemical compounds with antitrust aspects of business combination.
Defended a leading provider of travel commerce marketplace services against claims of monopolization and horizontal and vertical conspiracies in federal district court, resulting in a settlement the client found favorable.
Assisted a major U.S. airline complete a successful merger in the face of an intense DOJ and Congressional review of the transaction as well as through litigation in federal court.
Represented an office supply retailing company through an eight-month investigation by the FTC and the Attorneys General of several states, obtaining unconditional clearance of a merger.
Assisted a global technology filtration company craft a challenge to an FTC antitrust divestiture order in a U.S. court of appeals.
Counseled a supermarket operator through a negotiated consent decree with the FTC relating to a proposed transaction.
Defended an integrated media company against a lawsuit brought by the DOJ in federal district court challenging a proposed transaction.
Represented truck and equipment dealers in a series of class action cases involving claims of bid rigging and price-fixing of automotive component parts.
Represented physicians in a case involving claims arising from an alleged tying agreement.
Counseled a hedge fund through a lengthy investigation by the SEC and helped the client achieve a satisfactory settlement.
Represented a biotech firm against trade secret misappropriation claims by a pharmaceutical company.
Defended leading software company against allegations by California Office of the State Controller concerning the failed implementation of software.
Represented former shareholders of self-storage facilities company in a dispute over the terms and conditions of an operating agreement.
Defended leading retail danceware provider against claims arising from a contractual dispute.
Represented aviation services company in a dispute over the terms and conditions of a lease agreement.
Defended a transportation services company against claims relating to the failed implementation of software.
Represented former shareholders of laboratory services company in a dispute over the terms and conditions of a purchase agreement and escrow agreement.
Defended leading financial services company and won dismissal of claims involving a dispute over a deposit agreement.
Antitrust and Competition
Complex Commercial Litigation
Admissions
- Pennsylvania
- New Jersey
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Eleventh Circuit
Education
- Villanova University Charles Widger School of Law, J.D., 2009
- Editor and Staff Writer, Villanova Law Review - University of Notre Dame, B.B.A., 2005
Experience
Duane Morris LLP
- Partner, 2019-present
- Associate, 2015-2018- Dechert LLP
- Associate, 2010-2015 - Homeless Advocacy Project
- Attorney, 2009-2010
Honors and Awards
Listed in Chambers USA: America's Leading Lawyers for Business, 2024
- Listed in The Best Lawyers in America, 2023 and 2024
Listed in Pennsylvania Super Lawyers Rising Stars
Recognized as part of 2014 Antitrust Team of the Year by Chambers USA
No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.
Civic and Charitable Activities
- Malvern Preparatory School Board of Trustees, 2023-present
Malvern Preparatory School Alumni Board, 2011-2021
- Notre Dame Club of Philadelphia
University of Notre Dame Sorin Society
Selected Publications
- Editor, Duane Morris Antitrust Law Blog
- Co-author, "DOJ Issues Update to Antitrust Compliance Program Guidance," Duane Morris Alert, November 26, 2024
- Co-author, "FTC Final Rule Changes Hart-Scott-Rodino Act Premerger Notifications," Duane Morris Alert, October 11, 2024
- Co-author, "FTC Reminds Companies There Is No 'Environmental Justice' Exemption for Anticompetitive Conduct," Duane Morris Alert, October 3, 2024
- Co-author, "FTC Cracks Down on Allegedly Deceptive Artificial Intelligence Schemes," Duane Morris Alert, September 27, 2024
- Co-author, "NCAA Student-Athlete Settlement Proposal Takes Its Best Shot at Resolving Three Antitrust Cases," Duane Morris Alert, August 1, 2024
- Co-author, "Professional Sports Players' Unions Support College Athletes' Ability to Unionize," Duane Morris Alert, July 1, 2024
- Co-author, "Billion-Dollar Settlement to Resolve Antitrust Litigation Will Impact Student-Athletes and NCAA Enforcement," Duane Morris Alert, June 6, 2024
- Co-author, “FTC to Vote April 23 on Rule to Ban Noncompete Agreements,” Duane Morris Alert, April 19, 2024
- Co-author, "White House Announces New Strike Force on Unfair and Illegal Pricing," Duane Morris Alert, March 7, 2024
- Co-author, "FTC Supports Marching In on Patent Rights as a Mechanism to Control Drug Prices," Duane Morris Alert, February 15, 2024
- Co-author, "Federal Trade Commission and Department of Justice Update Communication Preservation Obligations to Include Collaboration and Ephemeral Messaging Apps," Duane Morris Alert, January 31, 2024
- Co-author, "FTC Announces Increased Reporting Thresholds for the Hart-Scott-Rodino Antitrust Improvements Act," Duane Morris Alert, January 23, 2024
- Co-author, "Federal Trade Commission and Justice Department Issue Highly Anticipated Merger Guidelines," Duane Morris Alert, December 20, 2023
- Co-author, "Illinois Court Clears Hurdles for Aftermarket Right-to-Repair Class Action," Duane Morris Alert, December 8, 2023
- Co-author, "DOJ's Original No-Poach Prosecution Dismissed: What's Next for Antitrust Enforcement?," Duane Morris Alert, November 17, 2023
- Co-author, "DOJ Reinforces Antitrust Division's Focus on Healthcare Industry," Duane Morris Alert, October 27, 2023
- Co-author, "COPA-Approved Hospital Transaction Exempted from Federal Antitrust Laws," Duane Morris Alert, October 4, 2023
- Co-author, "FTC and State Attorneys General Sue Amazon for Federal and State Antitrust Violations," Duane Morris Alert, September 27, 2023
- Co-author, "U.S. Department of Justice Changes Focus on Its Assessment of Bank Mergers," The Banking Law Journal, October, 2023
- Author, "FTC Targets Private Equity in Challenge to Anesthesiology Roll-Ups," Duane Morris Alert, September 25, 2023
- Co-author, "FTC Takes Broad View of Clayton and FTC Acts in Proposed Consent Order to Prevent Interlocking Directorate and Anti-Competitive Information Exchange," Duane Morris Alert, August 21, 2023
- Co-author, "U.S. Antitrust Enforcers Propose Much-Anticipated Revised Merger Guidelines," Duane Morris Alert, July 21, 2023
- Co-author, "FTC and DOJ Propose Major Changes Requiring Significantly More Information in Merger Filings," Duane Morris Alert, June 29, 2023
- Co-author, "DOJ Changes Focus on Its Assessment of Bank Mergers," Duane Morris Alert, June 28, 2023
- Co-author, "Another Trial Loss Frustrates DOJ's Labor-Market Antitrust Enforcement," Duane Morris Alert, May 2, 2023
- Co-author, "DOJ's New Voluntary Self-Disclosure Policy for U.S. Attorney's Offices Reinforces Importance of Corporate Compliance," Duane Morris Alert, February 28, 2023
- Co-author, "DOJ Antitrust Division Turns Up the Heat on Information Sharing in the Healthcare Industry and Beyond," Duane Morris Alert, February 8, 2023
- Co-author, "FTC Announces Increased Reporting Thresholds and Implements Revised Fee Structure for the Hart-Scott-Rodino Antitrust Improvements Act," Duane Morris Alert, January 24, 2023
- Co-author, "FTC May Be Resuscitating Enforcement of the Robinson-Patman Act," Duane Morris Alert, January 19, 2023
- Co-author, "Consolidated Appropriations Act Raises Some Hart-Scott-Rodino Filing Fees, Brings New Reporting Rules and Gives State Attorneys General Antitrust Venue Control," Duane Morris Alert, January 11, 2023
- Co-author, "FTC Proposes Nationwide, Retroactive Ban on Virtually All Non-Compete Clauses," Duane Morris Alert, January 6, 2023
- Co-author, "Proposed Consent Orders Invalidating Noncompete Agreements Reflect FTC's Broad View of FTC Act Section 5," Duane Morris Alert, January 6, 2023
- Co-author, "College Baseball Coaches Bring Antitrust Class Action Challenging NCAA Labor Restrictions," Duane Morris Alert, December 8, 2022
- Co-author, "Ripple Effects: The US Antitrust Division’s Push for Criminal Section 2 Enforcement Could Have an Impact in the EU," Competition Law Insight Volume 21 Issue 6, November, 2022
- Co-author, "DOJ Brings First Criminal Charges Under Section 2 of the Sherman Act in Nearly 50 Years," Duane Morris Alert, November 14, 2022
- Co-author, "Board Directors Beware: U.S. Antitrust Agencies Ramp Up Enforcement of Interlocking Directorates," Duane Morris Alert, November 9, 2022
- Co-author, "Anticipating Expansion Of FTC's Section 5 Antitrust Authority," Law360, September 21, 2022
- Co-author, "DOJ Antitrust Division Leadership States No Guidance Forthcoming on Criminal Monopolization Cases," Duane Morris Alert, June 30, 2022
- Co-author, "DOJ's Push for More Aggressive Antitrust Enforcement Suffers Trial Setbacks," Duane Morris Alert, April 21, 2022
- Co-author, "How Plans For Criminal Antitrust Enforcement Are Advancing," Law360, April 4, 2022
- Co-author, "DOJ Survives Challenges to Labor Market Prosecutions," Duane Morris Alert, February 16, 2022
- Co-author, "FTC Announces Increased Reporting Thresholds for the Hart-Scott-Rodino Antitrust Improvements Act," Duane Morris Alert, February 1, 2022
- Co-author, "FTC Rescinds Vertical Merger Guidelines," Duane Morris Alert, September 27, 2021
- Co-author, "1-800 Contacts Ruling Illustrates IP Hurdle For Antitrust Cases," Law360, July 8, 2021
- Co-author, "Expect Increasing Scrutiny of Wage-Fixing, No-Poach Deals," Law360, May 5, 2021
- Co-author, "SCOTUS Curbs FTC's Enthusiasm by Limiting Relief Available Under Section 13(b) of the FTC Act," Duane Morris Alert, April 27, 2021
- Co-author, "Outgrowing Its Local Roots? Fourth Circuit Tests the Boundaries of Local Government Immunity for Major Healthcare Providers," Duane Morris Alert, April 1, 2021
- Co-author, "Fourth Circuit Upholds First-Ever Antitrust Relief in Private Challenge to Consummated Merger," Duane Morris Alert, March 3, 2021
- Co-author, "New Year, New Thresholds for Premerger Notifications Under Hart-Scott-Rodino Act," Duane Morris Alert, February 5, 2021
- Co-author, "Blue Cross Blue Shield Plans Agree to Structural Changes and Payment of $2.67 Billion in "Historic" Antitrust Settlement," Duane Morris Alert, December 17, 2020
- Co-author, "U.S. Department of Justice Updates Merger Remedies Manual," Duane Morris Alert, September 21, 2020
- Co-author, "Ninth Circuit Rejects Challenge to Pay-for-Delay Law on Standing Grounds," Duane Morris Alert, July 30, 2020
- Co-author, "Department of Justice and Federal Trade Commission Issue Vertical Merger Guidelines," Duane Morris Alert, July 8, 2020
- Co-author, "FTC and DOJ Warn Against Anticompetitive Conduct That Harms Workers During COVID-19 Crisis," Duane Morris Alert, April 16, 2020
- Co-author, "Federal and State Enforcers Will Scrutinize Pricing Behavior During COVID-19 Pandemic," Duane Morris Alert, April 7, 2020
- Co-author, "Expect Delays in Merger Reviews by FTC and DOJ During COVID-19 Restrictions," Duane Morris Alert, March 26, 2020
- Co-author, "U.S. Antitrust Agencies Announce Expedited Procedures and Guidance for COVID-19 Public Health Efforts," Duane Morris Alert, March 25, 2020
- Co-author, "FTC Announces Increased Reporting Thresholds for the Hart-Scott-Rodino Antitrust Improvements Act," Duane Morris Alert, January 29, 2020
- Co-author, "Department of Justice and Federal Trade Commission Release Draft Vertical Merger Guidelines for Public Comment," Duane Morris Alert, January 14, 2020
Co-author, "Supreme Court Holds App Store Buyers Are Direct Purchasers Under Long-Standing Antitrust Doctrine," Duane Morris Alert, May 15, 2019
Co-author, "Third Circuit Curtails FTC's Authority to Seek Injunctions and Restitution in Federal Court," Duane Morris Alert, March 1, 2019
Co-author, "FTC Announces Increased Reporting Thresholds and Increased Civil Penalties for the Hart-Scott-Rodino Antitrust Improvements Act," Duane Morris Alert, March 1, 2019
Co-author, "U.S. District Court Further Reinforces Use of Per Se Standard in Criminal Antitrust Cases," Duane Morris Alert, February 26, 2019
Media Hits
- Quoted, “Big Law and Big Sports: More Money, Law Firms and Work,” The American Lawyer, June 24, 2024
- Quoted, "Discover/Capital One Antitrust Review Illustrates Unpredictable Path for Election-Year M&A –Advisors," Mergermarket, Dealreporter and PARR, April 29, 2024
- Quoted, “The Biggest Antitrust Developments So Far In 2023,” Law360, July 25, 2023
- Quoted, "FTC's Microsoft Lawsuit Targets Vertical Expansions," The Legal Intelligencer, December 14, 2022
- Quoted, "Will 'Swifties' Alter DOJ's Ticketmaster Investigation? It's Not Just Price That's the Problem," Legaltech News, November 21, 2022
Selected Speaking Engagements
- Speaker, "NAM Webinar on Final FTC HSR Pre-Merger Rules," National Association of Manufacturers, November 8, 2024
- Speaker, "Antitrust-Employment Intersection," Duane Morris Institute (DMi) Webinar, November 13, 2024
- Speaker, "The Future of Name, Image, Likeness (NIL) and College and Professional Sports," Duane Morris Intellectual Property Webinar, April 25, 2024
- Speaker, "Antitrust Compliance in Labor Markets: Don’t Trust Your Instincts Alone," Duane Morris Institute (DMi), Webinar, March 28, 2024
- Presenter, "Antitrust Compliance in Labor Markets: Don’t Trust Your Instincts Alone," Duane Morris Institute (DMi) Webinar, November 9, 2023
- Co-presenter, "Significant Antitrust Developments: New Premerger Notification Requirements and Merger Guidelines," National Association of Manufacturers, August 3, 2023
- Speaker, “The Future Is on The Clock: The Evolution of Sports and Technology,” Duane Morris, April 27, 2023
- Speaker, "Antitrust Compliance in Labor Markets: Don’t Trust Your Instincts Alone," Duane Morris Institute (DMi), Webinar, January 26, 2023
- Speaker, "Best Practices for Preventing and Defending Against Antitrust Claims," Greater Philadelphia Association of Corporate Counsel, August 6, 2019