Any antitrust attorney have a second? I have an opportunity to join a group In a band 1 firm that has an antitrust section. It has lit/transactions, but I was wondering if anyone had insight into which they liked better - lit or tx? What does it take to be partner level in antitrust? Thanks!

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Antitrust lit or antitrust transactions? Lit x 1,000. Transactions are all Hart Scott Rodino forms which will suck out your soul they're so boring. That said, knowing them well is a great niche practice that could get you clients and upward momentum.

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Lit is a much better life and more interesting IMO. But depending on how many transactions they have, you might end up on a few anyway. I hated writing technically-not-untrue white papers on how my client would definitely not do anything to raise their profits with this company they are trying to buy. 😒

Gotta warn you, I love the practice but the exit options are DOJ/state regulators. Not a lot of competition counsel positions.

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I work mainly on transactions which is mostly cyclical. The last couple years have been rough. It was slowing down a bit, but seems to be picking back up now for my group. HSR isn’t for everyone but knowing those rules front and back can keep you in biglaw for a long time. I’ve also worked on a few investigations which does really rise to the level of litigation which are certainly fun to work on.

For exit options it’s mainly DOJ/FTC or some states (NY, CA, etc.). There are a few in-house positions. And those are more likely in industries that run into DOJ/FTC a lot like pharma, airlines, big tech, etc. I would guess that you have a much better chance at an in-house doing lit/conduct work than mergers. A lot of in-house positions like you to have a minimum of 5 years experience and some agency experience as well so that might be a longer term future goal.

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I think I would add that antitrust lawyers can finesse in house “regulatory counsel” roles

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