Roxann E. Henry


Roxann Henry is Co-Chair of the Global Antitrust Practice Group. From criminal defense and treble damage litigation to merger and non-merger investigations, she has extensive experience in all aspects of antitrust and commercial litigation. Her breadth of experience encompasses federal and state courts, the FTC, every regional office of the Antitrust Division of the US Department of Justice, state attorneys general, and a variety of overseas authorities, including the EC and Canadian Competition Bureau. These representations span a wide range of industries — including coal mining, telecommunications, medical devices and technologies, pharmaceuticals, aerospace and defense, healthcare, construction, information technologies, industrial and research equipment, transportation services, petroleum, specialty chemicals, including chemicals for semiconductor fabrication, and food and consumer products.

Ms. Henry routinely represents clients in antitrust grand jury investigations, including international cartel matters, and is highly experienced coordinating defenses worldwide in the context of a multiplicity of criminal, civil and administrative actions. Individuals, closely held companies and large corporate industry leaders in the US and abroad have entrusted their defense to Ms. Henry and, when necessary, she has vindicated clients as lead counsel at jury trial. Ms. Henry won one of the most recent corporate not-guilty verdicts in a criminal antitrust trial as well as the first court victory in over a decade against a Federal Trade Commission (FTC) non-healthcare merger challenge. She has served as lead counsel in various complex civil commercial disputes, including antitrust, RICO, contract and tort claims and provides antitrust and trade practices counseling. She regularly handles merger antitrust clearances.

Ms. Henry is currently serving as Program Officer of the Antitrust Section of the American Bar Association (ABA) and has previously served as International Officer, Secretary and Communications Officer, Co-Chair of the Spring Meeting Program, and Council member. She is a frequent speaker on antitrust issues.

Representative Matters

  • Arch Coal’s Acquisition of Triton. With the first court win in over a decade against an FTC merger challenge in a non-healthcare case, Ms. Henry gained clearance for Arch Coal to buy the North Rochelle mine and create the largest US coal mine.
  • APAC-Missouri, Inc. Secured a not-guilty verdict after a full criminal antitrust trial.
  • Ashland Inc. Successfully defended Ashland Inc. against a preliminary injunction motion to stop the $300 million sale of its Electronic Chemicals Division. The allegations included breach of contract and tortious interference. The Delaware Chancery Court ruled in Ashland’s favor from the bench after full, expedited discovery.
  • Criminal Antitrust. Represented clients in well over 50 antitrust grand jury proceedings spanning every regional office and the National Criminal Trial Section of the DoJ Antitrust Division. Representation on criminal matters has encompassed a wide array of industries and included Fortune 100 and closely held corporations, domestic and international, as well as individuals.
  • Nestlé Acquisitions. Representative acquisitions include obtaining FTC clearance for Nestlé in its $40 billion sale of Alcon stock to Novartis in 2010/08; its 2007 acquisitions of Gerber ($5.5 billion) and Novartis Medical Nutrition Business ($2.5 billion); of Dreyer’s Ice Cream ($2.8 billion) in 2003; and of Ralston Purina ($11 billion) in 2002.
  • EDS’s Merger into Hewlett-Packard. Represented EDS in this $14 billion merger.

Board and Professional Memberships

  • American Bar Association, Antitrust Section, Program Officer, 2011-Present
  • American Bar Association, Antitrust Section, International Officer, 2010-2011
  • American Bar Association, Antitrust Section, Spring Meeting Co-Chair, 2007-2010
  • American Bar Association, Antitrust Section, Secretary and Communications Officer, 2006-2007
  • American Bar Association, Antitrust Section, Council Member, 2003-2006
  • American Bar Association, Antitrust Section, International Cartel Group Task Force Co-Chair, 2006-2008
  • Vassar College Alumnae/I Association Board of Directors, Vice-President for Strategic Planning, 2004-2008.

Publications and Speeches

  • Speaker, “What’s Wrong With U.S. Class Actions? Rethinking the Class Action Device from a Global Perspective,” American Bar Association, Section of International Law Spring Meeting, New York City, New York (April 17-21, 2012).
  • Speaker, “Intricacies and Perils of Global Leniency Applications,” American Bar Association, Section of Antitrust Law Spring Meeting, Washington, D.C. (March 28-30, 2012).
  • Speaker, “Criminal Cartel Prosecution: Considerations on Attempts to Compensate Victims,” International Cartel Workshop, American Bar Association Section of Antitrust Law, Vancouver, Canada (February 1-3, 2012).
  • Practitioner/Discussant, “Next Generation of Antitrust Scholarship Conference,” American Bar Association, Section of Antitrust Law, New York, New York (January 20, 2012).
  • Author, “Antitrust Issues in the Global Marketplace,” International White Collar Enforcement (2012 Edition).
  • Speaker, “Challenges Posed By The Growing Internationalisation of Cartel Investigations,” International Bar Association’s 15th Annual Competition Conference (September 16, 2011).
  • Speaker, “Anatomy of a Leniency Deal,” IBRAC and ABA Antitrust Section, Rio de Janeiro, Brazil (June 16, 2011).
  • Speaker, “Perspectives on Inter-agency Cooperation,” International Competition Network, program sponsored by U.S. Department of Justice and Federal Trade Commission, Washington, D.C. (March 29, 2011).
  • Author, “Twombly Has It Right: The Proper Balance of Public and Private Enforcement,” ABA Antitrust Section 2010 International Cartel Workshop CLE Materials (February 10, 2010).
  • Co-author, “Criminal Antitrust Enforcement in the US,” Practical Law Company (January 2010).
  • Author, “Striking the Right Balance: A Case Study of United States Antitrust Law,” Union Internationale des Avocats Annual Meeting Materials (October 27 – 31, 2009).
  • Author, “Rethinking The Trend to Ever-Increasing Jail Terms for Criminal Antitrust Violations,” 57th Antitrust Law Spring Meeting CLE Materials (March 25 – 27, 2009).
  • Author, “Public Relations: An Integral Part of the Legal Landscape for Defending Allegations of Price-Fixing,” Presented at the Georgetown Law Global Antitrust Enforcement Symposium (September 26, 2007).
  • Author, “New Problems and Possibilities Brought by the Globalization of Criminal Prosecution: Comments on Sentencing and Prosecutorial Disclosure,” ABA Annual Meeting, Section of Antitrust Law Course Materials (August 1999).
  • Author, “Should Information Exchanges Pose Criminal Risks, or Do You Know What Can Trigger a $100 Million Fine?” Antitrust Law Journal (April 1999).
  • Author, “Debarment Considerations in an Antitrust Investigation: Quick Answers to Ten Basic Questions,” ABA Antitrust Section, Criminal Antitrust Workshop CLE Materials, New York City, NY (1998).
  • Author, “Practical Tips for Representing Non-Domestic Individuals in the Context of a United States Antitrust Investigation,” ABA Criminal Justice Section CLE Materials, San Francisco, CA (1998).
  • Author, “Debarment Consequences of Conviction,” Criminal Practice & Procedure Newsletter ABA Antitrust Section 27. (November 1996).
  • Editorial Board, Third Edition of ABA, State Antitrust Practice and Statute, American Bar Association, Antitrust Section (2004).
  • Author, Merger Process-United States: The Hart-Scott-Rodino Antitrust Review Process, Washington, DC (1998).
  • Speaker, “Cartel Enforcement in the U.S. and Elsewhere.” ABA Section of Antitrust Law Antitrust Masters Course V, Williamsburg, VA (September 30 – October 3, 2010).
  • Spring Meeting Co-Chair, “Hot Topics,” 58th Antitrust Law Spring Meeting, Washington, DC (April 21, 2010).
  • Speaker, “Demonstration: Settlement Negotiations with Class Counsel,” ABA Antitrust Section 2010 International Cartel Workshop, Paris, France (February 10, 2010).
  • Speaker, “The Criminalization of Business Law: Too Much or Too Little?” Union Internationale des Avocats Annual Meeting, Sevilla, Spain (October 27 – 31, 2009).
  • Speaker, “Government Litigators: How Far Must They Go to Seek Justice?” American Bar Association Annual Meeting (August 1, 2009).
  • Spring Meeting Co-Chair, “Hot Topics” and “Chair’s Showcase Program,” 57th Antitrust Law Spring Meeting, Washington, DC (March 25 – 27, 2009).
  • Speaker, “Essential Facilities in Regulated Industries,” IBA Annual Meeting, Buenos Aires (October 16 – 17, 2008).
  • Speaker, “Private International Cartel Actions,” Georgetown Law, Global Antitrust Enforcement Symposium, Washington DC (September 23, 2008).
  • Speaker, “Anti-Cartel Enforcement,” Asia International Competition Conference, Seoul (September 4, 2008).
  • Speaker, “In Search of Fairness, Finality, and Fulsome Enforcement: A Look at US Plea-Bargaining,” International Bar Association Conference: Europe and Globalization of Antitrust, Berlin, Germany (June 30 – July 1, 2008).
  • Spring Meeting Co-Chair, “Hot Topics,” 56th Antitrust Law Spring Meeting, Washington, DC (March 27, 2008).
  • Speaker, “Highlights For Your Compliance Program,” British Institute of International and Comparative Law International Cartels Conference, London, England (February 26, 2008).
  • Speaker, “Whether to Take the Case to Trial,” ABA Antitrust Section 2008 International Cartel Workshop, San Francisco, CA (February 1, 2008).
  • Panel Moderator, “Cartels: Public and Private Enforcement,” The Georgetown Law Global Antitrust Enforcement Symposium, Washington, DC (September 26, 2007).
  • Panel Moderator, “Cartel Enforcement: Is Detrebling Working?” American Bar Association, Section of Antitrust Law, Fall Forum, Washington, DC (November 17, 2006).


Hon. Floyd R. Gibson, United States Court of Appeals for the Eighth Circuit, 1978-1980.


  • Harvard Business School, Leadership Course, 2007
  • Rutgers University School of Law, 1978, J.D., cum laude; Articles Editor, Rutgers Law Journal
  • Vassar College, 1975, A.B.

Bar Admissions

  • District of Columbia
  • New Jersey
  • Pennsylvania

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Court of Appeals, 6th Circuit
  • U.S. Court of Appeals, 8th Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. Court of Appeals, 11th Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of Pennsylvania