Molly Kelley

Partner Antitrust & Competition

molly.kelley@kirkland.com

Practices

Overview

Molly Kelley is a litigation partner concentrating in government enforcement and antitrust in the Chicago office of Kirkland & Ellis LLP. Prior to joining Kirkland, Molly served as a federal prosecutor in the U.S. Department of Justice, both at the Antitrust Division and at the U.S. Attorney’s Office for the Northern District of Indiana.

While a federal prosecutor, Molly investigated and acted as trial counsel in a variety of criminal cases, including jury trials. She has experience prosecuting criminal antitrust conspiracies involving procurement fraud, price fixing, bid rigging, and market allocation in national and international industries.

Before her government service, Molly worked at a global law firm assisting multinational clients with antitrust investigations, compliance audits, counseling, and litigation.

Experience

In re HIV Antitrust Litigation: Represented Gilead Sciences in antitrust class actions brought by direct and indirect purchasers of HIV drugs. After a six-week trial, the jury returned a complete defense verdict, rejecting plaintiffs’ pay-for-delay claims, for which they sought over $10 billion in compensatory and treble damages. See “How A 3-Firm 'Joint Effort' Beat A $3.6B Pharma Antitrust Suit” Law360, July 5, 2023.

In re Broiler Chicken Antitrust Litigation: Represented Sanderson Farms in putative antitrust class actions brought by direct and indirect poultry purchasers alleging conspiracy to reduce output and raise prices of broiler chickens. See “Why America Pays 50% More for Chicken,” Bloomberg, September 22, 2016; “Chicken Prices Under Scrutiny as New Rules Set to Kick In,” Wall Street Journal, November 22, 2016.

Defends corporations and individuals in Department of Justice criminal antitrust investigations.

Assistant United States AttorneyUnited States Attorney’s Office for the Northern District of Indiana2019–2022

Trial AttorneyUnited States Department of Justice, Antitrust Division2015–2019

DetailedUnited States Department of Justice Office of the Inspector General2018

Law ClerkHonorable Theresa C. BuchananUnited States District Court for the Eastern District of Virginia2010–2011

InternUnited States Department of Justice, Antitrust Division, National Criminal Enforcement Section2009

Intern, Federal Public Defendant Program, Chicago2009

ExternHonorable Morton DenlowUnited States District Court for the Northern District of Illinois2008

InternUnited States Attorney’s Office for the Southern District of Illinois

Associate, Allen & Overy, LLP, Antitrust Practice Group, 2012–2015

Associate, McGonigle PC, Securities Litigation Group, 2011–2012

Thought Leadership

Speaking Engagements

Moderator, “After the Antitrust Verdict: Navigating Parallel Civil Proceedings and Appellate Issues,” ABA Litigation Section, June 2024

Presenter, “Developments in Criminal Antitrust Prosecutions,” Seventh Circuit Bar Association, February 2024

Publications

Co-Author, “You’re Fired: the Expanding Role of Behavioral Remedies in Cartel Enforcement,” Concurrence Law Journal, 2014

Co-Author, “Striking the Right Balance: The Importance of Leniency to the Global Rise of Private Antitrust Enforcement,” Concurrence Law Journal, 2013

Contributor, ABA Antitrust Law Developments, Joint Venture and Robinson-Patman Act chapters

Author, “Settling for Settlement: The European Commission’s New Cartel Settlement Procedure,” 9 Washington University Global Studies Law Review 699, 2010

Recognition

Recognized by Chambers USA as:

“Up and Coming” for Antitrust, 2024

Recognized by The Legal 500 United States for:

Antitrust: Cartel, 2023
Antitrust: Civil Litigation/Class Actions: Defense, 2023

Memberships & Affiliations

American Bar Association, Antitrust Section

Seventh Circuit Bar Association

Credentials

Admissions & Qualifications

2010Illinois

Languages

English
French

Education

Washington University in St. LouisJ.D.2010
Global Studies Law Review
University of Notre DameB.A., Political Science2006