Bryan Cave Combines with Berwin Leighton Paisner to Form Bryan Cave Leighton Paisner LLP Learn More

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Rebecca Nelson devotes her practice to antitrust law, providing training, counseling, transactional analysis, and defense of merger and conduct investigations. She works with clients to understand their business and industry conditions, and tailors antitrust training and compliance solutions for them.  As a full-time antitrust lawyer, she serves as a trusted advisor that clients can call for routine antitrust questions that arise in connection with supplier, customer, and competitor interactions.  In that role, she regularly advises clients with respect to the full range of antitrust issues associated with contracts, pricing and sales practices, trade association activity, bidding arrangements and distribution.

Ms. Nelson has defended dozens of clients under investigation for antitrust offenses by state Attorneys General, the U.S. Department of Justice Antitrust Division, and the Federal Trade Commission. Her successful defense efforts have often led to the non-public resolution of antitrust inquiries such that follow-on private litigation is avoided. She works with clients to formulate the best defense strategy for responding to investigations and navigating to the optimal result.

A core part of Ms. Nelson’s practice is her antitrust work in all phases of mergers and acquisitions, including advice regarding antitrust risk allocation in deal agreements, analysis of the antitrust implications of proposed business combinations, and defense of merger investigations by the Federal Trade Commission, U.S. Department of Justice Antitrust Division, state Attorneys General and multi-jursidictional reviews. In that capacity she has served as lead antitrust counsel on many multi-billion dollar transactions and coordinated merger defense strategies on a worldwide basis.

In her twenty three years as an antitrust counselor and defense lawyer, Ms. Nelson has experience in a tremendous number of industries, including telecommunications, automotive, personal care products and services, construction and other heavy equipment, medical devices and pharmaceuticals, retail, food and agricultural products, software, and more.

Prior to joining the firm, Ms. Nelson served as law clerk to the Hon. P. Trevor Sharp, Middle District of North Carolina.

 

Civic Involvement & Honors

    • Board of Directors, National Council on Alcoholism and Drug Abuse, Saint Louis Chapter, 2010-present
    • Board of Directors, Contemporary Art Museum of Saint Louis, 2012 - 2016
    • America’s Most Honored Professionals, 2016 
    • The Best Lawyers in America©, Antitrust Law, 2012-2017
    • The Best Lawyers In America©, St. Louis Antitrust Lawyer of the Year, 2012, 2015, 2017
    • Wall Street Journal, The Best Lawyers in St. Louis, 2015 - 2017
    • KC Magazine, Top Attorneys In Missouri & Kansas
    • Martindale-Hubbell, AV Preeminent, Bar Register of Preeminent Women Lawyers
    • Women’s Justice Award, Outstanding Business Practitioner, 2009
    • The Best Lawyers in America©, Antitrust Law, 2012-2017
    • The Best Lawyers In America©, St. Louis Antitrust Lawyer of the Year, 2012, 2015, 2017
    • Wall Street Journal, The Best Lawyers in St. Louis, 2015 - 2017
    • KC Magazine, Top Attorneys In Missouri & Kansas
    • Martindale-Hubbell, AV Preeminent, Bar Register of Preeminent Women Lawyers
    • Women’s Justice Award, Outstanding Business Practitioner, 2009
    • KC Magazine, Top Attorneys In Missouri & Kansas
    • Martindale-Hubbell, AV Preeminent, Bar Register of Preeminent Women Lawyers
    • Women’s Justice Award, Outstanding Business Practitioner, 2009
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Professional Affiliations

    • Illinois Bar Association - Antitrust and Unfair Competition Law Section Council, Chair 2015-present
    • Missouri Bar Association – Member, Antitrust Committee
    • American Bar Association - Member, Antitrust Section
    • Harvard Law School - Women’s Leadership Roundtable, 2016 Participant
    • American Bar Association - Member, Antitrust Section
    • Harvard Law School - Women’s Leadership Roundtable, 2016 Participant
    • Harvard Law School - Women’s Leadership Roundtable, 2016 Participant
Read More

Representative Experience

  • Representation of Terex Corporation in the 2017 sale of its global crane business to competitor Konecranes, including response to Department of Justice second request and coordination of multijurisdictional international merger investigations of the sale.
  • Defense of multiple pharmaceutical companies in investigations by Federal Trade Commission, including allegations of anticompetitive acquisitions, conduct aimed at preserving branded pharmaceutical market position against generics, and excessive pricing.
  • Successful defense of international food products company in 2016 consummated merger investigation by Federal Trade Commission, focusing on U.S. market effects in niche product areas.
  • Defense of international plastics products manufacturer in a series of merger investigations relating to acquisitions.
  • Antitrust counsel to PGA for accreditation issues. 
  • Advisor to international automotive products manufacturer on pricing and sales practices, joint ventures and business combinations.
  • Representation of U.S. department store chain in multiple pricing practices inquiries by Better Business Bureau and state attorneys general.
  • Defense of multiple merger reviews on behalf of U.S.-based electronic components manufacturer.
  • Retail pricing strategy advisor to well-known manufacturers of clothing, footwear, home goods, personal care products, automotive parts, software, furniture, outdoor products, flooring, pharmaceuticals, food ingredients, and packaging.
  • Advisor to franchisors on setting customer-facing pricing and sales policies for franchisees.
  • Defense of state Attorney General investigations of unfair competition against clients in automotive, jewelry, furniture, recreational products, hospitality and construction industries.
  • Representation of over twenty different trade associations involving competitors, including creating antitrust compliance materials, conducting training, and providing advice on all aspects of operations.
  • Planning and conducting antitrust compliance audits for companies in diverse manufacturing and service industries, resulting in the identification of critical antitrust risks and creation of responsive compliance strategies, as well as ongoing review and counseling to ensure revised policies and procedures are implemented and continue to function effectively to address identified risks.

Publications

  • Co-Author, Robinson-Patman Handbook, 2012
  • "Proposed Revisions of the Horizontal Merger Guidelines Are Released," Antitrust and Unfair Competition Law, Vol. 48, No. 4, June 2010
  • Co-Author, Antitrust Law Developments Annual Review, 2009
  • Co-Author, “Post-Termination Trademark and Trade Secret Infringement,” Franchise and Dealer Termination Handbook (2d Ed.), 2008
  • Co-Author, “Leegin: The Supreme Court Overrules Doctor Miles and Ushers in a New Approach to Price Maintenance,” Distribution, Vol. 11, No. 2, September 2007
  • Co-Author, “Disappointed Dealer Prevails on State Claim, Loses Federal Price Discrimination Issue,” Franchise Law Journal, 2006
  • “The Antitrust Implications of Creative Pricing Strategies,” St. Louis Bar Journal, 2002
  • Co-Author, “The Emerging Role of Efficiencies in Merger Analysis,” St. Louis Bar Journal, 1999

Speaking Engagements

  • Presenter on strategies for successful merger defense in international transactions, 2016-2017
  • Presenter on pricing strategies and preserving value for manufactured products in e-commerce, 2016-2017
  • Lecturer on U.S. Antitrust Laws to Georgetown University economics students, 2016
  • Lecturer on U.S. Antitrust Laws to Olin School of Business students, 2012-13
  • Presenter, “Antitrust and the Roberts Supreme Court: Changes in the Law That You Need to Know,” Seminar, January 18, 2008
  • Presenter, “Volvo v. Reeder-Simco – The Reviews are In,” Teleseminar by the American Bar Association Section of Antitrust Law, May 31, 2006
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Rebecca Nelson is the leader of the firm’s Antitrust, Franchise & Consumer Law group. Her franchise and distribution practice focuses on providing advice to manufacturers about different methods to get their products and services to market – whether through a franchise model or the use of distributorships, sales representatives, company-owned outlets, licensing arrangements or other means. Ms. Nelson advises franchise clients about the application of state and federal laws to their businesses, most notably limitations imposed by law on the termination and non-renewal of franchisees and distributions. She also counsels clients about the application of the antitrust laws to pricing and sales practices, such as price discrimination, minimum advertised pricing (“MAP”) programs, and resale price maintenance. Ms. Nelson has advised clients on franchise and distribution issues across a wide variety of industries, including food service, automotive, hospitality, clothing and footwear, industrial equipment, agricultural products, consumer electronics, personal care services, and entertainment.

Bar and Court Admissions

Missouri, 1994

Illinois, 1993

United States District Court for the Southern District of Illinois

Education

Duke University, J.D., 1993

Duke University, A.B., 1990

Languages

Spanish

Publications

  • Co-Author, Robinson-Patman Handbook, forthcoming 2010
  • Co-Author, Antitrust Law Developments Annual Review, 2009
  • Co-Author, “Post-Termination Trademark and Trade Secret Infringement,” Franchise and Dealer Termination Handbook (2d Ed.), 2008
  • Co-Author “Leegin:  The Supreme Court Overrules Doctor Miles and Ushers in a New Approach to Price Maintenance,” Distribution, Vol. 11, No. 2, September 2007
  • Co-Author, “Disappointed Dealer Prevails on State Claim, Loses Federal Price Discrimination Issue,” Franchise Law Journal, 2006
  • “The Antitrust Implications of Creative Pricing Strategies,” St. Louis Bar Journal, 2002
  • Co-Author, “The Emerging Role of Efficiencies in Merger Analysis,” St. Louis Bar Journal, 1999

Speeches and Seminars

  • Presenter, “Antitrust and the Roberts Supreme Court:  Changes in the Law That You Need to Know,” Seminar, January 18, 2008
  • Presenter, “Volvo v. Reeder-Simco – The Reviews are In,” Teleseminar by the American Bar Association Section of Antitrust Law, May 31, 2006

Professional Affiliations

  • Illinois Bar Association –Antitrust and Unfair Competition Law Section Council; Chair 2002-2003
  • American Bar Association – Member, Forum on Franchising; Member, Antitrust Section

Civic Involvement and Honors

  • The Best Lawyers in America©, Antitrust Law, 2012-2013
  • The Best Lawyers In America©, St. Louis Antitrust Lawyer of the Year, 2012, 2015
  • KC Magazine - Top Attorneys In Missouri & Kansas
  • Martindale-Hubbell Bar Register of Preeminent Women Lawyers

Civic Involvement & Honors

    • The Best Lawyers in America©, Antitrust Law, 2012-2013
    • The Best Lawyers In America©, St. Louis Antitrust Lawyer of the Year, 2012, 2015
    • KC Magazine - Top Attorneys In Missouri & Kansas
    • Martindale-Hubbell Bar Register of Preeminent Women Lawyers
    • KC Magazine - Top Attorneys In Missouri & Kansas
    • Martindale-Hubbell Bar Register of Preeminent Women Lawyers
    • Martindale-Hubbell Bar Register of Preeminent Women Lawyers
Read More

Professional Affiliations

    • Illinois Bar Association – Antitrust and Unfair Competition Law Section Council; (Chair, 2002-2003)
    • American Bar Association – Member, Antitrust Section
    • American Bar Association – Member, Antitrust Section
Read More

Representative Experience

  • Representation of Terex Corporation in the 2017 sale of its global crane business to competitor Konecranes, including response to Department of Justice second request and coordination of multijurisdictional international merger investigations of the sale.
  • Defense of multiple pharmaceutical companies in investigations by Federal Trade Commission, including allegations of anticompetitive acquisitions, conduct aimed at preserving branded pharmaceutical market position against generics, and excessive pricing.
  • Successful defense of international food products company in 2016 consummated merger investigation by Federal Trade Commission, focusing on U.S. market effects in niche product areas.
  • Defense of international plastics products manufacturer in a series of merger investigations relating to acquisitions.
  • Antitrust counsel to PGA for accreditation issues. 
  • Advisor to international automotive products manufacturer on pricing and sales practices, joint ventures and business combinations.
  • Representation of U.S. department store chain in multiple pricing practices inquiries by Better Business Bureau and state attorneys general.
  • Defense of multiple merger reviews on behalf of U.S.-based electronic components manufacturer.
  • Retail pricing strategy advisor to well-known manufacturers of clothing, footwear, home goods, personal care products, automotive parts, software, furniture, outdoor products, flooring, pharmaceuticals, food ingredients, and packaging.
  • Advisor to franchisors on setting customer-facing pricing and sales policies for franchisees.
  • Defense of state Attorney General investigations of unfair competition against clients in automotive, jewelry, furniture, recreational products, hospitality and construction industries.
  • Representation of over twenty different trade associations involving competitors, including creating antitrust compliance materials, conducting training, and providing advice on all aspects of operations.
  • Planning and conducting antitrust compliance audits for companies in diverse manufacturing and service industries, resulting in the identification of critical antitrust risks and creation of responsive compliance strategies, as well as ongoing review and counseling to ensure revised policies and procedures are implemented and continue to function effectively to address identified risks.

Publications

  • Co-Author, Robinson-Patman Handbook, 2012
  • "Proposed Revisions of the Horizontal Merger Guidelines Are Released," Antitrust and Unfair Competition Law, Vol. 48, No. 4, June 2010
  • Co-Author, Antitrust Law Developments Annual Review, 2009
  • Co-Author, “Post-Termination Trademark and Trade Secret Infringement,” Franchise and Dealer Termination Handbook (2d Ed.), 2008
  • Co-Author “Leegin:  The Supreme Court Overrules Doctor Miles and Ushers in a New Approach to Price Maintenance,” Distribution, Vol. 11, No. 2, September 2007
  • Co-Author, “Disappointed Dealer Prevails on State Claim, Loses Federal Price Discrimination Issue,” Franchise Law Journal, 2006
  • “The Antitrust Implications of Creative Pricing Strategies,” St. Louis Bar Journal, 2002
  • Co-Author, “The Emerging Role of Efficiencies in Merger Analysis,” St. Louis Bar Journal, 1999

Speaking Engagements

  • Presenter, “Antitrust and the Roberts Supreme Court:  Changes in the Law That You Need to Know,” Seminar, January 18, 2008
  • Presenter, “Volvo v. Reeder-Simco – The Reviews are In,” Teleseminar by the American Bar Association Section of Antitrust Law, May 31, 2006
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Rebecca Nelson is the leader of the firm’s Antitrust, Franchise & Consumer Law group. Her practice focuses on antitrust and trade regulation matters, both in the counseling and litigation phases. She advises clients about the application of federal and state laws regarding pricing, promotions, endorsements, substantiation, deception and other advertising matters. She works with companies to ensure that their information collection, retrieval and use policies comply with data privacy laws and that their information security procedures meet all applicable standards. Ms. Nelson has defended clients in federal and state matters, including several multistate attorney general investigations. Ms. Nelson’s experience includes a wide variety of industries, such as consumer products, personal services, manufactured goods and retail stores.

Bar and Court Admissions

Missouri, 1994

Illinois, 1993

United States District Court for the Southern District of Illinois

Education

Duke University, J.D., 1993

Duke University, A.B., 1990

Languages

Spanish

Publications

  • Co-Author, Robinson-Patman Handbook, forthcoming 2010
  • Co-Author, Antitrust Law Developments Annual Review, 2009
  • Co-Author, “Post-Termination Trademark and Trade Secret Infringement,” Franchise and Dealer Termination Handbook (2d Ed.), 2008
  • Co-Author “Leegin:  The Supreme Court Overrules Doctor Miles and Ushers in a New Approach to Price Maintenance,” Distribution, Vol. 11, No. 2, September 2007
  • Co-Author, “Disappointed Dealer Prevails on State Claim, Loses Federal Price Discrimination Issue,” Franchise Law Journal, 2006
  • “The Antitrust Implications of Creative Pricing Strategies,” St. Louis Bar Journal, 2002
  • Co-Author, “The Emerging Role of Efficiencies in Merger Analysis,” St. Louis Bar Journal, 1999

Speeches and Seminars

  • Presenter, “Antitrust and the Roberts Supreme Court:  Changes in the Law That You Need to Know,” Seminar, January 18, 2008
  • Presenter, “Volvo v. Reeder-Simco – The Reviews are In,” Teleseminar by the American Bar Association Section of Antitrust Law, May 31, 2006

Professional Affiliations

  • Illinois Bar Association – Antitrust and Unfair Competition Law Section Council; (Chair, 2002-2003)
  • American Bar Association – Member, Antitrust Section

Civic Involvement and Honors

  • The Best Lawyers in America©, Antitrust Law, 2012-2013
  • The Best Lawyers In America©, St. Louis Antitrust Lawyer of the Year, 2012, 2015
  • KC Magazine - Top Attorneys In Missouri & Kansas
  • Martindale-Hubbell Bar Register of Preeminent Women Lawyers

Civic Involvement & Honors

    • The Best Lawyers in America©, Antitrust Law, 2012-2013
    • The Best Lawyers In America©, St. Louis Antitrust Lawyer of the Year, 2012, 2015
    • KC Magazine - Top Attorneys In Missouri & Kansas
    • Martindale-Hubbell Bar Register of Preeminent Women Lawyers
    • KC Magazine - Top Attorneys In Missouri & Kansas
    • Martindale-Hubbell Bar Register of Preeminent Women Lawyers
    • Martindale-Hubbell Bar Register of Preeminent Women Lawyers
Read More

Professional Affiliations

    • Illinois Bar Association – Antitrust and Unfair Competition Law Section Council; (Chair, 2002-2003)
    • American Bar Association – Member, Antitrust Section
    • American Bar Association – Member, Antitrust Section
Read More

Representative Experience

  • Representation of Terex Corporation in the 2017 sale of its global crane business to competitor Konecranes, including response to Department of Justice second request and coordination of multijurisdictional international merger investigations of the sale.
  • Defense of multiple pharmaceutical companies in investigations by Federal Trade Commission, including allegations of anticompetitive acquisitions, conduct aimed at preserving branded pharmaceutical market position against generics, and excessive pricing.
  • Successful defense of international food products company in 2016 consummated merger investigation by Federal Trade Commission, focusing on U.S. market effects in niche product areas.
  • Defense of international plastics products manufacturer in a series of merger investigations relating to acquisitions.
  • Antitrust counsel to PGA for accreditation issues. 
  • Advisor to international automotive products manufacturer on pricing and sales practices, joint ventures and business combinations.
  • Representation of U.S. department store chain in multiple pricing practices inquiries by Better Business Bureau and state attorneys general.
  • Defense of multiple merger reviews on behalf of U.S.-based electronic components manufacturer.
  • Retail pricing strategy advisor to well-known manufacturers of clothing, footwear, home goods, personal care products, automotive parts, software, furniture, outdoor products, flooring, pharmaceuticals, food ingredients, and packaging.
  • Advisor to franchisors on setting customer-facing pricing and sales policies for franchisees.
  • Defense of state Attorney General investigations of unfair competition against clients in automotive, jewelry, furniture, recreational products, hospitality and construction industries.
  • Representation of over twenty different trade associations involving competitors, including creating antitrust compliance materials, conducting training, and providing advice on all aspects of operations.
  • Planning and conducting antitrust compliance audits for companies in diverse manufacturing and service industries, resulting in the identification of critical antitrust risks and creation of responsive compliance strategies, as well as ongoing review and counseling to ensure revised policies and procedures are implemented and continue to function effectively to address identified risks.

Publications

  • Co-Author, Robinson-Patman Handbook, 2012
  • "Proposed Revisions of the Horizontal Merger Guidelines Are Released," Antitrust and Unfair Competition Law, Vol. 48, No. 4, June 2010
  • Co-Author, Antitrust Law Developments Annual Review, 2009
  • Co-Author, “Post-Termination Trademark and Trade Secret Infringement,” Franchise and Dealer Termination Handbook (2d Ed.), 2008
  • Co-Author, “Leegin: The Supreme Court Overrules Doctor Miles and Ushers in a New Approach to Price Maintenance,” Distribution, Vol. 11, No. 2, September 2007
  • Co-Author, “Disappointed Dealer Prevails on State Claim, Loses Federal Price Discrimination Issue,” Franchise Law Journal, 2006
  • “The Antitrust Implications of Creative Pricing Strategies,” St. Louis Bar Journal, 2002
  • Co-Author, “The Emerging Role of Efficiencies in Merger Analysis,” St. Louis Bar Journal, 1999

Speaking Engagements

  • Presenter on strategies for successful merger defense in international transactions, 2016-2017
  • Presenter on pricing strategies and preserving value for manufactured products in e-commerce, 2016-2017
  • Lecturer on U.S. Antitrust Laws to Georgetown University economics students, 2016
  • Lecturer on U.S. Antitrust Laws to Olin School of Business students, 2012-13
  • Presenter, “Antitrust and the Roberts Supreme Court: Changes in the Law That You Need to Know,” Seminar, January 18, 2008
  • Presenter, “Volvo v. Reeder-Simco – The Reviews are In,” Teleseminar by the American Bar Association Section of Antitrust Law, May 31, 2006