Kelly Fayne

A partner at Latham & Watkins LLP, Kelly Fayne’s work involves high-stakes cases, including eight major matters totaling nearly $60 billion.

She relies on her experience in antitrust economics and econometrics and her fluency in the tech vernacular, a skill sharpened in Silicon Valley.

One of Fayne’s prominent cases was the $8.5 billion acquisition of MGM by Amazon, where she represented MGM Holdings. This transaction, Amazon’s second-largest to date, aimed to enhance Amazon’s content production capabilities for its streaming platform. Fayne and her team led the global strategy, securing clearances in the EU, U.S., Australia, Brazil and Colombia. This deal was particularly notable due to the intense scrutiny faced by tech giants like Amazon and the general antitrust interest in the entertainment industry.

Another significant case involved Booz Allen Hamilton’s $440 million acquisition of EverWatch. Fayne co-led the team representing EverWatch against the U.S. Department of Justice, which alleged the merger violated Section 1 of the Sherman Act. The team’s efforts led to the transaction’s successful completion in the same year, following a rapid progression from complaint to trial in less than three months.

“We took the matter from complaint through trial, in Maryland federal court, in less than three months, defeating the DOJ’s unprecedented legal challenge to block the transaction,” Fayne said. “Our team’s success enabled a same-year closing, a rare achievement.”

Fayne’s work is characterized by innovative solutions and strategic judgment, allowing her to navigate complex deals and litigations.

Fayne said antitrust is growing in complexity by the day, and the enthusiasm for antitrust enforcement around the world means that clients need to see her and her colleagues several steps ahead.

“Staying nimble and remaining connected to the ever-moving global landscape is a big task, but essential,” she said.

Fayne added that the Federal Trade Commission hiring a chief technologist and the UK Competition and Markets Authority conducting an intensive study of artificial intelligence are just two of many examples of antitrust regulators around the world investing in understanding tech.

“These regulators don’t just want to learn how things work; they want to get ahead of where markets are moving,” Fayne said. “Whether it’s AI or digital assets or the next wave of Web 3.0, regulators are more knowledgeable and more eager to influence — in real time — how these competitive landscapes come together. In practice, that means we’re seeing more regulatory interest in issues around nascent competition, identifying so-called ‘gatekeepers,’ and creating paths for emerging competitors (even if that means slowing others down). With this backdrop, it is ever more critical for antitrust advocates to truly understand how these new technologies work, how the economics of emerging tech works, and how to navigate both to carve a path for our clients so they can keep on innovating and growing.”