Kelly Smith Fayne

Partner
San Francisco
  • 505 Montgomery Street
  • Suite 2000
  • San Francisco, CA 94111-6538
  • USA
Profile Experience

Kelly Fayne is a partner in the San Francisco office of Latham & Watkins and a member of the Antitrust & Competition Practice.

Ms. Fayne is a globally recognized advisor of clients in government reviews of mergers and acquisitions, antitrust compliance and counseling, and government conduct investigations. She also works closely with experts in preparing and presenting antitrust economic analysis and econometrics. Ms. Fayne represents clients from a wide range of industries, including:

  • High technology
  • Entertainment and media
  • Semiconductors
  • Private equity
  • Telecommunications
  • Pharmaceuticals
  • Logistics

Ms. Fayne has experience advocating for clients before several global antitrust regulators including in the US, European Union, United Kingdom, Australia, and across Asia and Latin America. She is also actively involved in the ABA Antitrust Section, writes and is invited to speak frequently on a range of antitrust issues, currently serves as vice chair of the ABA Antitrust Section Economics Committee, and has served as senior editor of the Antitrust Law Journal.

Ms. Fayne was previously an analyst at a major economic consulting firm supporting expert economists in antitrust and intellectual property matters.

Awards & Rankings
  • Global Competition Review, 2020 Lawyer of the Year, Under 40, Finalist
Select Merger Control Experience
  • MGM in its US$8.5 billion acquisition by Amazon
  • Facebook in multiple acquisitions
  • Intuit in its US$7.1 billion acquisition of Credit Karma
  • AMD in its US$35 billion acquisition of Xilinx 
  • Okta in its US$6.5 billion acquisition of Auth0
  • Entercom in its merger with CBS Radio
Recent Speaking Engagements
  • Panelist, “Breaking News: Epic Games v. Apple,” ABA Antitrust Section, September 24, 2021
  • Moderator, “Antitrust and Platform Competition,” GCR Connect: Antitrust in the Digital Economy, June 16, 2021 
  • Podcast, “Can Robots Collude? Understanding the Competition Implications of AI,” Our Curious Amalgam, May 27, 2020
Select Publications
  • “The Limits of Rivalry,” Truth on the Market Symposium: Big Tech and the Digital Economy – The Moligopoly Scenario, November 2, 2020 
  • “To Catch a Killer: Could Enhanced Premerger Screening for ‘Killer Acquisitions’ Hurt Competition?” Antitrust, Spring 2020
  • “Editors’ Note: ‘No Question of More Pressing Importance’?,” Antitrust Law Journal, Innovative Antitrust Symposium, Fall 2019
  • “Antitrust Intelligence: Six Tips for Talking to AI Developers about Antitrust,” Competition Law & Policy Debate, Artificial Intelligence & Blockchain Symposium, October 2019
  • “Afterward: Calibrating the Conditional Pricing Practices Lexicon,” Antitrust Law Journal, Summer 2017
  • “Joint Ventures in the Online Economy: New Uses for Old Guidelines,” Antitrust, July 16, 2016
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