Emily K. Fons

Meet Emily

Emily is a seasoned antitrust attorney who helps clients navigate the evolving antitrust landscape. She advises her clients on all aspects of antitrust law including premerger notification (filings under the Hart-Scott-Rodino Act), mergers and acquisitions, joint ventures, horizontal and vertical restraints of trade, monopolization and exemptions and immunities to the federal antitrust laws. 

Emily has successfully represented clients in merger investigations before the Department of Justice Antitrust Division and the Federal Trade Commission. She regularly counsels clients on the competitive implications of mergers and acquisitions and strategies for obtaining regulatory approval, both in the United States and abroad. Emily’s clients have included healthcare organizations, private equity firms, and global manufacturers in concentrated markets – all of which have had success in clearing antitrust hurdles. She brings a dual perspective to her engagements, drawing on her experience from both the enforcement and defendant sides. Representing a state attorney general’s office in multiple healthcare system transactions, Emily has a unique insight into the government’s approach to relevant antitrust matters. She frequently authors articles highlighting law changes that impact her clients’ businesses.

Emily also has experience in non-merger antitrust matters, including:

• Drafting and enforcing minimum advertised pricing policies
• Reviewing commercial agreements for antitrust risk
• Counseling clients on interactions with competitors, suppliers, dealers, and distributors
• Training on the pitfalls of antitrust law in day-to-day operations, particularly highlighting the Robinson-Patman Act’s applicability to discounts and rebates

In addition to her busy antitrust practice, Emily advises clients on general corporate matters including business planning, risk management, and reviewing, drafting and negotiating commercial contracts. She works with both public and private companies across a variety of industries including manufacturing, service, healthcare and technology. She also enjoys leveraging her legal experience to assist clients in obtaining women-owned and minority-owned business certifications.

Emily is committed to helping others through her pro bono efforts. She has partnered with Sojourner Family Peace Center, where she successfully represented dozens of individuals seeking restraining orders against domestic abusers. Outside of the office, Emily enjoys spending time with her family, playing tennis and creating works of art out of clay.