Joshua B. Gray

Joshua Gray is an antitrust litigator with experience balanced between government service and private practice. His insight into antitrust law and federal agency policy stems from two stints at the Federal Trade Commission (FTC) and two decades in private practice handling government investigations and antitrust litigation.

Committed to progressive and effective antitrust enforcement, Josh helps clients fight back when they are harmed by anticompetitive conduct and the illegal exercise of market power by others. He advises clients on strategies that combine private litigation with engaging and influencing government agencies, especially the FTC and the Antitrust Division, and relishes tough cases and challenging competition problems.

Clients benefit from Josh’s extensive civil antitrust practice experience, including mergers, cartels, vertical restraints, and monopolization. He knows the procedures and practices of courts in private civil litigations, as well as the federal agencies in merger reviews and other civil investigations. His deep understanding of antitrust law reaches below the rules down to the policy disagreements among scholars, policymakers, and judges.

Following a federal clerkship, Josh started his antitrust career during the Clinton administration as an attorney-advisor to progressive FTC Chairman Robert Pitofsky. During a second time at FTC under the Obama administration, he worked extensively on dominant firms in the Digital Economy. These government experiences shaped Josh’s view that today, as much as any time in history, there is an urgent need for antitrust enforcement in our economy, and, to rise to this challenge, government and private plaintiffs must bring cases that are rigorous, empirical, dynamic, and in tune with current work by economists.

As a staff attorney in the FTC’s Bureau of Competition’s Anticompetitive Practices Division, he investigated and litigated antitrust conduct cases, deposed senior executives, and managed expert witnesses through discovery and trial. In this role, he learned how to identify the essential issues in a complex case to make litigation more efficient and a plaintiff’s narrative more compelling. Before that, he was Counsel in the Office of International Affairs at the FTC, where he coordinated bilateral cooperation with the European Commission’s Directorate-General for Competition on all joint investigations.

Josh also worked in private practice as an antitrust lawyer at Skadden in New York City, where he handled antitrust aspects of numerous matters across diverse sectors of the US economy gaining industry expertise in health care and pharmaceuticals, retailing, consumer products, agriculture, and technology. He also has counseled a public interest client working to reform FTC Advertising Policies.