As antitrust counsel, Jackie Java represents companies in all antitrust aspects of mergers and acquisitions, from initial antitrust analyses and the preparation of Hart-Scott-Rodino filings, through government investigations and Second Requests. She frequently counsels clients on the competitive implications of proposed transactions and strategies for obtaining regulatory clearance. Jackie has counseled many clients on the antitrust pitfalls associated with due diligence and integration planning in connection with mergers, particularly where the parties operate in highly concentrated industries. She has also assisted with filings required by foreign antitrust authorities. Jackie was part of the Bracewell antitrust team recognized by Legalease’s The Legal 500 United States in Antitrust-Merger Control (2017-2018).
Jackie also advises clients involved in transactions and day-to-day operations that raise antitrust issues regarding interactions among competitors, the formation of joint ventures, distribution and pricing policies and programs, information exchanges, and allegations of price fixing, market allocation, and other anticompetitive practices. Jackie is particularly experienced in managing complex relationships in industries where companies simultaneously act as competitors, customers and collaborators. Jackie is also experienced in developing and implementing industry-specific antitrust training and compliance programs. In addition, she serves as antitrust counsel to trade associations, informal groups seeking to establish trade associations and clients seeking to participate in information exchanges or third-party industry studies.
As antitrust counsel, Jackie represents clients in many industries. She has particular experience with energy-related businesses, including power generation, pipeline transportation and storage, natural gas and power trading, oil and gas field services and bulk liquids storage.
Recent Notable Matters
TC Energy Corporation — approximately $1.275 billion sale of US midstream assets held by its subsidiary, Columbia Midstream Group, to a subsidiary of UGI Corporation
Upper Bay Infrastructure Partners — acquisition of Tidewater Transportation & Terminals, a multi-commodity transportation, terminal, and marine construction and repair company serving the Pacific Northwest, from Stonepeak Infrastructure Partners. Upper Bay Infrastructure Partners was the lead investor of a group consisting of Ullico, funds and accounts under management by BlackRock, Silverfern and certain other co-investors.
Halcón Resources Corporation — $325 million divestiture of water infrastructure assets across the Delaware Basin to a subsidiary of WaterBridge Resources LLC
East Texas Medical Center Healthcare System — sale of substantially all assets to Ardent Health Services, including a network of 9 hospitals, 39 clinics, 2 inpatient facilities, 13 regional rehabilitation facilities, physician clinics, 2 emergency centers, regional home health services covering 41 counties, a comprehensive seven-trauma center care network, and an EMS fleet of more than 45 ambulances and 4 helicopters. In connection with the acquisition, Ardent and The UT Health Science Center formed a partnership and will invest more than $125 million in the new UT Health East Texas health system to support operations and fund improvements.
Holly Energy Partners, L.P. — $250 million acquisition from Plains All American Pipeline, L.P. of the 50 percent and 75 percent interest in Frontier Aspen LLC and SLC Pipeline LLC, respectively, that Holly Energy Partners does not already own
Great Plains Energy Incorporated — stock-for-stock merger of equals transaction with Westar Energy, Inc., creating a company with a combined equity value of approximately $14 billion, and with nearly 13,000 MW of generation capacity and more than 51,000 miles of distribution lines
Chevron Corporation — sale to ONEOK Partners, LP of the Mesquite Pipeline and its 80% interest in the West Texas LPG Pipeline Limited Partnership for approximately $800 million
Southern Waste Systems/Sun Recycling — sale of residential, commercial, and industrial solid waste collection, processing/recycling and transfer operations and assets to Waste Management Inc. of Florida
Alinda Capital Partners and GE Energy Financial Services — sale of SourceGas Holdings LLC to Black Hills Corp. for $1.89 billion
Duke Energy Corporation — $2.8 billion sale of its Midwest merchant generation business to a subsidiary of Dynegy Inc., which includes ownership interests in 11 power plants with a total capacity of approximately 6,100 MW, as well as Duke’s competitive retail electric and gas business; Platts Global Energy Awards, 2015 Strategic Deal of the Year
Rockland Capital, LLC and its affiliate, Wolverine Power Holdings, LLC — sale of 100 percent of the equity interests in Michigan Power Limited Partnership to Osaka Gas Michigan Power, LLC, a subsidiary of Osaka Gas USA Corporation
The Sterling Group — sale of Universal Fiber Systems, a manufacturer of high-performance, specialty synthetic fibers, to funds managed by HIG
Phillips 66 — exchange of Phillips Specialty Products Inc. to Berkshire Hathaway Inc. for shares of Phillips 66 stock held by Berkshire Hathaway affiliates, valued at approximately $1.4 billion
Old World Industries, LLC and Old World Management, Inc. — sale of its chemicals business to Indorama Ventures PCL for $795 million
Apache Corporation — $3.75 billion sale of its Gulf of Mexico Shelf operations and assets to Fieldwood Energy LLC, an affiliate of Riverstone Holdings
FTS International, Inc. — sale of substantially all of the assets of its proppant mining and processing business and related logistics assets to Fairmount Minerals
Kinder Morgan, Inc. — sale of certain bulk terminals operations to Watco Companies, LLC
Rockland Capital, LLC — acquisition of a portfolio of six generating plants with a combined generation capacity of 972.5 MW from AES Ohio Generation, LLC
Talen Energy Corporation — $189 million sale of 100 percent equity interest in Interstate Energy Company LLC, Talen's pipeline subsidiary, to Adelphia Gateway, LLC
Arroyo Energy Investment Partners LLC — acquisition of the Broad River Energy Center, an 847 MW natural gas-fueled electric generation plant located in Gaffney, South Carolina from affiliates of Energy Capital Partners
W-H Energy Services, Inc. — $3.2 billion merger with Smith International, Inc.
The Sterling Group — sale of B&G Crane Service to NCSG Crane & Heavy Haul Corporation
One of the largest energy companies in North America — sale of interests in two natural gas pipeline systems for over $6 billion
Howard Midstream Energy Partners, LLC — purchase of northeast Pennsylvania gathering assets from Southwestern Energy Company for $500 million
Apache Corporation — $7 billion acquisition of BP’s oil and gas operations, acreage and infrastructure in the Permian Basin of West Texas and New Mexico and in Egypt's Western Desert, as well as BP’s upstream natural gas business in western Alberta and British Columbia
Publications and Speeches
"Criminal Prosecutions over No-Poaching Arrangements Are Coming," Society for Human Resource Management, April 5, 2018.
“Beating the Competition: Antitrust Issues in Mergers & Acquisitions,” Recycling Today, May 2016.
ABA Premerger Notification Practice Manual, Fifth Edition, February 2015.
“FTC Broadens Notification Requirements for Transfers of Pharmaceutical Patent Rights,” IP Today, January 2014.
“Deal Makers Beware: Recent Trends in U.S. Merger Enforcement,” CPI Antitrust Chronicle, October 2012.
“Agencies Approach Merger Enforcement More Aggressively,” New York Law Journal, August 2012.
“Implications of Recent Antitrust Developments and Trends for M&A,” The Antitrust Counselor, July 2012.