Corey W. Roush

COREY ROUSH is a Chambers USA-ranked District of Columbia Antitrust practitioner (2018–2025) who guides clients through contentious antitrust and consumer protection litigation and investigations, and navigates the antitrust regulatory aspects of merger clearance. Over his almost three decades of practice, he has had extensive experience representing clients before the Federal Trade Commission (FTC), the Antitrust Division of the U.S. Department of Justice (DOJ), and various state attorneys general. Corey has also represented clients in dozens of antitrust cases in federal district and appellate courts throughout the United States. He regularly draws on his vast experience to advise C-suites and boards on strategy and risk related to various antitrust and consumer protection issues.

On the merger clearance front, Legal 500 US ranks Corey among only a few “Leading Lawyers” in Merger Control (2023 and 2024). Recently, Corey led teams in response to four publicly announced Second Requests and a fifth non-public Second Request before the Antitrust Division at the DOJ and three different merger shops at the FTC Bureau of Competition. For each deal, Corey crafted tailored strategies based on whether he represented the buyer or seller, the primary objectives of his clients (speed versus no divestiture), the industry, and the specific group of antitrust enforcers involved. His bespoke approach led to creative time and cost-saving solutions that satisfied the regulators and accomplished his clients’ goals.

While Corey’s foremost goal in merger clearance is to get the deal cleared without litigation, his strong litigation background has positioned him well to assist clients when the government sues to block their transactions. To that end, he has litigated several cases against the FTC and the DOJ to uphold proposed and consummated mergers. For instance, in 2018, Corey led the trial team that defended a global merger of two marine chemical providers against the FTC’s challenge. He was also part of the trial team that handled the first live merger trial following the COVID outbreak.

On the non-merger litigation front, Corey has won several dismissals at the motion to dismiss and summary judgment stages, as well as defeated class certification in many class action cases. He has also assisted in achieving favorable settlements of federal antitrust and consumer protection claims, as well as false claims and anti-kickback cases. Corey’s experience spans numerous industries, including technology, healthcare, defense, aeronautics, direct selling, and medical devices, with a particular focus on the life sciences, retail, chemicals, and energy industries.

Additionally, Corey offers compliance counseling on marketing and pricing laws, agency regulations, FTC interpretations and guidance, as well as industry self-regulating guidelines. He has represented clients before almost all divisions of the FTC’s Bureau of Consumer Protection and has litigated several matters against the Bureau of Consumer Protection.

Corey also provides comprehensive counsel to clients across various industries on compliance with federal and state laws and regulations, such as the Sherman Act, the FTC Act, the Clayton Act, the Anti-Kickback Statute, and the False Claims Act. He has represented clients in federal, state, and congressional investigations concerning sales and marketing practices, reimbursement issues, pricing issues, FDA promotional issues including off-label marketing, and general fraud and abuse theories.

Corey’s work also includes conducting internal investigations related to his areas of focus and responding to administrative subpoenas, civil investigative demands, and other government requests for information for targets, third parties, and individuals.

In addition to being Chambers USA-ranked, Corey has been listed by Legal 500 as recommended in Antitrust: Merger Control (2017–2024); Antitrust: Civil litigation/class action: Defense (2017–2023); and Antitrust: Cartel (2019–2020). He was also recognized by Law360 as a “Rising Star” in Antitrust in 2012, and awarded “Litigation of the Year” by Global Competition Review that same year. Corey has also been selected to Super Lawyers in Washington, D.C., for Antitrust Litigation, Mergers & Acquisitions, Class Action/Mass Torts: Defense, and Consumer Law (2013–2024).

Merger Control

• Led team advising Spire, Inc. on the antitrust aspects of its acquisition of MoGas Pipeline and Omega Pipeline from CorEnergy, including guiding Spire through a Second Request issued by the FTC. The deal cleared without suit.
•  Led team representing 7-Eleven in its:
  • US $21 billion acquisition in 2021 of ~3,800 gasoline and convenience stores in 36 states, the largest-ever acquisition in the industry. Guided 7-Eleven to close in just nine months despite an FTC Second Request and divestiture of nearly 300 stores to three different divestiture buyers.
  • US$3.3 billion acquisition in 2018 of approximately 1,030 gasoline and convenience stores in 18 states. Negotiated a novel FTC divestiture agreement allowing the seller to buy certain overlapping outlets from the client and to retain certain of its own overlapping outlets so long as the seller retained control over pricing of fuel at those outlets.
  • US$1 billion acquisition in 2024 of 204 Sunoco gasoline and convenience stores. Closed without the FTC issuing a Second Request.
• Lead antitrust counsel to a retailer in its sale of its pharmacy patient prescription files and related inventory from 185 stores in 10 states to the second-largest pharmacy chain; successfully steered the company through FTC regulatory approval.
• Lead antitrust counsel to a global maritime company in its US$400 million acquisition of its largest competitor in certain marine chemicals and gases, including responding to a Second Request and serving as lead trial counsel in a closely watched, three-week bench trial when the FTC sued to challenge.
• Represented Kiva/Kamps in its acquisition by Superior Gas. Following responding to a Second Request, convinced the FTC to clear the transaction despite a staff recommendation to sue.
• Lead antitrust counsel to a U.S. animal healthcare services company and the largest owner of animal hospitals in its highly scrutinized US$9.1 billion combination (including a Second Request) with the second-largest animal hospital owner in the United States.
• Antitrust counsel to a major book publisher in two successful acquisitions of competitive publishers, including guiding it through a DOJ Second Request.
• Represented the largest coal company in the United States in its proposed acquisition of the second-largest coal company, culminating in the first live merger litigation (against the FTC) in the U.S. following the COVID outbreak.
• Co-led team that represented one of the largest lab diagnostics companies in the U.S. in its acquisition of a large regional competitor, including prevailing in a lawsuit the FTC brought to block the deal; recognized as “Litigation of the Year” by Global Competition Review (2012).

Litigation

• Olin Corporation in:
  • Monopolization suit filed by lithium juggernaut Albemarle Corporation. Obtained a complete victory for the client when Albemarle agreed to dismiss its claims and the U.S. District Court for the Eastern District of Virginia dismissed all claims with prejudice.
  • Defeating class certification in direct and indirect purchaser lawsuits related to allegations that Olin engaged in price fixing in connection with other caustic soda manufacturers in the U.S.
• Defending Gucci against allegations that it conspired with several high-end luxury brands in violation of the Sherman Act. In 2023, the judge in the U.S. District Court for the Eastern District of New York dismissed all claims; currently on appeal to the Second Circuit.
• Defending 7-Eleven in an FTC lawsuit seeking over $80 million in civil penalties for alleged violations of the consent decree that 7-Eleven entered into as it finalized its US$3.3 billion acquisition of ~2100 Sunoco gas stations in 2018.
• Secured a multimillion-dollar settlement for Houchens Industries as well as a complete and favorable revision of a long-standing agreement in a long-running arbitration involving cross-claims of alleged contractual breaches and antitrust claims.
• Represented U.S. Concrete in a class action brought by purchasers of ready-mix concrete; had U.S. Concrete dismissed from the case and the complaint limited to a two-year period for the remaining defendants.
• Represented a healthcare system in an antitrust class action alleging conspiracy to fix wages of registered nurses; obtained denial of class certification and denial of motion to intervene, which was upheld on appeal.
• Antitrust counsel to trade association in a suit seeking to block an already-consummated US$29 billion merger between PBMs; successfully defeated motion to dismiss.
• Defended a manufacturer of heavy-duty trucks in direct and indirect purchaser class actions alleging that it conspired with its competitors and a downstream supplier to fix wages; obtained the dismissal of direct purchaser case and a denial of class certification in the indirect purchaser suit. Both decisions were affirmed on appeal.
• Represented animal lab testing company in an antitrust case alleging abuse of monopoly position and attempted monopolization; obtained summary judgment on both damages and equitable claims.
• Represented eye health products company in an antitrust case alleging abuse of monopoly position and attempted monopolization; obtained dismissal at motion to dismiss phase.
• Represented Inguran in multiple antitrust and patent suits involving bovine sexed-semen technology. Before a global settlement was reached in 2024, Corey helped secure multiple favorable pre-trial rulings, including dismissal of most of the antitrust claims against Inguran.

Consumer Protection

• Counseled trade association facing an FTC inquiry about potential violations of a consent decree and convinced the FTC to close its investigation with a finding that there were no violations.
• Represented an apparel manufacturer in an FTC investigation regarding marketing claims; successfully resolved the investigation with a settlement.
• Represented a consumer electronic company facing FTC scrutiny regarding potential consumer protection issues related to a recent update to its privacy policy; convinced FTC to close the investigation without taking action.
• Represented leading chargeback mitigation company in an FTC investigation; after the FTC filed lawsuit alleging various consumer protection violations, filed motion to dismiss that led to a favorable settlement on behalf of the company.
• Represented Nissan in an FTC investigation regarding a series of commercials that sarcastically depicted the capabilities of a mid-size truck, culminating in a zero-dollar settlement.
• Represented Google in an FTC investigation about whether Google provided adequate notice to parents who downloaded apps that allowed in-app purchases. Achieved a favorable, novel settlement allowing Google to refund customers.
• Represented Google in follow-on consumer protection class action suit in California regarding adequate notification of in-app purchases to those downloading apps for children. As a result of the novel settlement in the related FTC action, Corey achieved denial of class certification.

Some of the above matters were handled prior to joining Sidley.

• Member, Antitrust Section, American Bar Association
• Member, District of Columbia Bar Association

• Represented a former inmate in a suit against the state of Maryland for her treatment, including sexual assault by a guard, while incarcerated and achieved a favorable settlement on her behalf.
• Represented a Ghanaian trafficking victim lured into the U.S. to provide cleaning and other home care services; achieved a settlement on her behalf forcing the traffickers to pay her fair wages for the work she performed; and pursued the traffickers when they failed to comply with the settlement.
• Represented several prominent Afghani women, including Metra Mehran, gender equity and human rights activist, and Salma Alokoza, former director general of macroeconomics and fiscal policy at the Ministry of Finance in Afghanistan, who worked as journalists and government officials in their home country of Afghanistan, and helped them obtain asylum when they immigrated to the U.S.
• Represented several individuals in successfully obtaining asylum in the U.S. despite having felony convictions.