A former Federal Trade Commission (FTC) official who was significantly involved in efforts to block the Kroger-Albertsons merger will not participate in his new law firm’s advocacy to rescue the deal. Mark Seidman, who recently joined Weil Gotshal & Manges after an 18-year tenure at the FTC, is precluded from engaging in any cases he was involved with at the agency, as per FTC rules and the firm’s internal procedures.
Seidman’s arrival at Weil highlights the ethical complexities that government lawyers face when transitioning to private practice. Notably, he will play no role in the firm’s defense of Kroger Co. in the FTC’s lawsuit, which aims to halt the $25 billion merger with Albertsons Cos. The FTC contends that this consolidation, potentially the largest in U.S. supermarket history, could escalate grocery prices for consumers.
Seidman withdrew his appearance in the case shortly after the FTC filed it in February and officially resigned from the agency in July. At Weil, Seidman will also abstain from another Kroger-related lawsuit challenging the FTC’s authority, which is ongoing in Ohio federal court.
Michael Frisch, ethics counsel for Georgetown University Law Center, reiterated that professional ethics rules and federal laws bar lawyers from representing clients in cases they previously worked on as government attorneys. Additionally, these regulations prohibit appearing before the FTC for one year post-departure from the agency. Seidman acknowledged this restriction, noting he could still provide background advice on FTC-related matters.
Weil Gotshal & Manges has been aggressive in expanding its antitrust practice, representing high-profile clients such as Meta Platforms Inc. and Microsoft Corp. in significant mergers and acquisitions. The FTC’s increasing activity in antitrust enforcement continues to drive demand in this legal specialty, underscoring the importance of navigating the intricate ethical landscape for former government officials transitioning to private practice.
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