Antony P. Kim

Antitrust & Competition

Antony (Tony) Kim, is a partner in the Antitrust & Competition practice group and global co-chair of the firm's Cybersecurity & Data Privacy team, which is nationally ranked by The Legal 500 for "an aggressive yet practical approach to solving cyber issues."

In 2014, the International Law Office (ILO) and Lexology awarded Tony the exclusive Client Choice award in Competition for the District of Columbia and United States region based on a survey of more than 2,000 senior in-house counsel.  The National Law Journal named Tony to its 2014 list of D.C. Rising Stars, a 40-under-40 group of "game changing" private, government and public interest attorneys who practice in our nation's capital.  Tony has also been named a Super Lawyers D.C. Rising Star in 2014 and 2015.

Tony represents clients in investigations before federal and state regulators, and in private actions and counseling engagements across a broad array of competition merger and conduct matters, and consumer-facing matters focused on data privacy, cybersecurity & breach response, and sales & marketing. His clients are engaged in diverse industries, such as chemicals, transportation, medical devices, media and newspapers, clothing and fashion, financial services, software and hardware, and a variety of online and mobile platforms.

Representative Antitrust and Competition experience:

  • Mergers & Acquisitions. Tony has led or co-led the defense in merger investigations before the U.S. Department of Justice’s Antitrust Division and U.S. Federal Trade Commission, on behalf of clients such as Elance(online freelancer platforms), Crane Co. (unattended payment systems), Instagram (mobile photo-sharing app), BASF (specialty chemicals), INEOS Group (styrenics plastics), NOVA Chemicals (styrenics plastics), Exxaro Resources (mineral sands), CoorsTek (alumina wear tiles) and New Times Media (alternative newsweeklies).
  • Criminal Cartels. Tony has extensive experience conducting internal investigations, complying with grand jury subpoenas and requests for information, and defending companies in criminal cartel proceedings before the U.S. Department of Justice’s Antitrust Division, including investigations involving Parcel Tankers, DRAM, and a variety of Auto Parts.
  • Civil Litigation. Tony has litigated numerous antitrust actions and claims, including at the intersection of intellectual property and antitrust, on behalf of plaintiffs and defendants in state, federal and arbitration proceedings. His clients have included DHL (as “opt-out” plaintiff in the Air Cargo price-fixing class actions), Microsoft (as defendant in an ITC proceeding involving the “patent misuse” defense), Whole Foods Market (as plaintiff in a multi-prong strategy in response to the FTC’s post-consummation challenge to the Wild Oats acquisition), Halcor S.A. (as defendant in a federal price-fixing class action), SF Weekly (as defendant in a California state predatory-pricing action) and Foundry Networks (as antitrust counter-claimant in a case involving alleged abuses in the standard-setting context).

Representative Cybersecurity and Data Privacy experience:

  • Cybersecurity/Incident Response. Tony works with in-house legal departments, C-Suites, Boards of Directors and IT teams on proactive cybersecurity preparedness programs and risk mitigation strategies.  He has also directed forensic investigations, cross-border notifications, responses to regulatory enforcement actions, and civil defense strategies in over 100 incidents including breaches of personal information, payment card data, and trade secrets, for private and public companies and governmental entities.
  • Data Privacy/Sales & Marketing. Tony has worked with brick-and-mortar and online companies across industries to design privacy disclosures, privacy-by-design processes, enterprise-wide privacy compliance programs, online and offline marketing strategies, and a host of other data-processing policies.
  • Regulatory Investigations. Tony has defended clients in dozens of federal and state regulatory investigations, including a national mobility device maker in investigations by the FTC, New York, New Jersey, Ohio, Pennsylvania and Washington attorneys general into practices under the Telemarketing Sales Rules (TSR), the Do-Not-Call Rules (DNC), and state analogs; a social gaming network in an investigation by the FTC implicating information protected by the Children’s Online Privacy Protection Act (COPPA); and a national mortgage company in an investigation by the FTC involving data protected by the Gramm Leach Bliley Act (GLBA) and Fair Credit Reporting Act (FCRA).
  • Class-Action Litigation. Tony has led or co-led the defense in numerous consumer class actions, including in the Northern District of Illinois and Southern District of Florida on behalf of online service providers against claims under the Telephone Consumer Protection Act (TCPA) for SMS-text message marketing; in the Southern District of Florida on behalf of a high fashion boutique against claims under the Fair and Accurate Credit Transactions Act (FACTA) for allegedly non-compliant, point-of-sale receipts; in four federal and three state class actions on behalf of a national merchant credit card provider against alleged violations of the Credit Repair Organizations Act (CROA); and the Fair Credit Reporting Act (FCRA) provisions on “firm offers” of credit.

Before joining Orrick, Tony was a member of the litigation and antitrust practice groups at White & Case LLP in Washington, D.C. Prior to law school, he worked in Philadelphia as an asset-investment consultant for corporate defined-benefit and 401(k) portfolios.

Antony Kim
Select Publications
  • English
Admitted In
  • New York
  • District of Columbia
Court Admissions
United States District Courts
  • District of Columbia
Supreme Court of the State of New York
  • Appellate Division, Third Department

  • J.D., Georgetown University Law Center, 2003
  • B.A., cum laude, Program in Ethics, Politics & Economics, Yale University, 1998
  • National Law Journal, D.C. Rising Star, 40-Under-40 (2014)
  • International Law Office & Lexology, Client Choice Award in Competition, USA and District of Columbia (2014)
  • Super Lawyers, Rising Star, Media and Advertising, Antitrust, Mergers & Acquisitions, District of Columbia (2014, 2015)
  • Noted Practitioner, The Legal 500, Media Technology and Telecoms, Cybercrime (2014, 2015)
  • Recommended, The Legal 500, United States: Antitrust, Cartels (2015)
  • Fellow, LCLD Leadership Council on Legal Diversity (2013)
  • Member, Georgetown Journal of Law and Policy in International Business
  • New York State Bar Association
  • District of Columbia Bar Association
  • American Bar Association, Antitrust Section

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