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Antitrust Law Answer Book (2020 Edition)

Author(s): J. Bruce McDonald, Jones Day LLP, Michael A. Gleason, Craig A. Waldman
Practice Area: Antitrust, Corporate law, Mergers and acquisitions, Public companies, Regulation and compliance (Antitrust)
Date: Jul 2020 i Other versions can be found in the Related Items tab.
ISBN: 9781402433641
PLI Item #: 267618

Antitrust Law Answer Book is a comprehensive but practical overview of antitrust law for the non-expert who wants to understand the basic concepts. In each area of focus—agreements between competitors, agreements with suppliers and customers, unilateral conduct by firms, mergers, the interface with intellectual property law, and the rest—this book addresses the most common business problems and emerging topics that illustrate the scope of the antitrust laws. Written in a question-and-answer format, the book reflects the types of questions that the authors have received from clients over the years and draws on real-life case studies to provide practical, non-technical answers and solutions. While the book deals primarily with U.S. law, it provides an overview of the analytical approaches of other jurisdictions, including China, EU, Japan, Mexico, and the UK.

Craig Waldman, who co-chairs Jones Day's global Antitrust & Competition Law Practice, has more than 20 years of experience representing companies in antitrust government investigations, private litigations, and by counseling them on how to manage antitrust risk in daily business activities. Craig's work has included all areas of antitrust including mergers, agreements among competitors, vertical distribution issues, price discrimination, criminal antitrust matters, monopolization, and intellectual property licensing and trade regulation.

He has worked across many industries, including IT hardware and software, artificial intelligence (AI) and multi-cloud data management networking, solar panels, networking, electronic design automation, electronic platforms, health care, consumer products, credit cards, financial institutions, medical devices, defense, sports, financial markets, life sciences, oil and gas, retail stores, satellites, telecommunications, tobacco, and transportation. The companies Craig represents include Dignity Health, Lam Research, NVIDIA, Reynolds, SAP, Synopsys, and Wabtec.

From 1993 to 1996, Craig served as an attorney in the Federal Trade Commission's Mergers I division during which time he was involved in high-profile investigations including Rite Aid's attempted acquisition of Revco, Lockheed's purchase of Martin Marietta, First Financial's merger with First Data, and Glaxo's acquisition of Wellcome, among others.

Craig is a frequent speaker on all antitrust issues. He has served as an adjunct professor at both Berkeley and Hastings Law Schools, has lectured at Stanford Business School, and has served in numerous roles within ABA Antitrust Leadership.

For over 10 years, he has served on the board of directors of Global Strategies, an international charity whose mission is to reduce early mortality and treat survivors of sexual violence in impoverished and war torn regions of Africa.

J. Bruce McDonald represents energy, transportation, and telecommunications companies in antitrust government investigations and enforcement actions, merger reviews, and antitrust private litigation. He has worked extensively in related sectors, including petroleum and petrochemicals, oilfield services, electricity, aviation, satellite communications, and media.

Bruce served as deputy assistant attorney general with the U.S. Department of Justice for four years from 2003 to 2007. While at the DOJ his antitrust enforcement responsibilities covered energy, telecommunications, transportation, health care, and regulated markets. The attorney general appointed Bruce to serve as the DOJ's representative on the Electric Energy Competition Task Force created by Congress. He was also part of the U.S. delegation that negotiated the "open skies" agreement between the U.S. and the European Union.

Bruce currently serves as chair of the State Bar of Texas' Antitrust & Business Litigation Section. He previously served as chair of the ABA Antitrust Section's Transportation & Energy Committee and chairman of the Houston Bar Association's Antitrust Section. Bruce has testified before committees of the U.S. Senate and House of Representatives and speaks and writes frequently on antitrust law enforcement and policy. He also taught antitrust and trade regulation as an adjunct professor at the University of Houston Law Center. He is a member of the U.S. Supreme Court Bar, the State Bar of Texas, the District of Columbia Bar, and the American Bar Association. Bruce is involved in community and pro bono matters that serve church, civic, and family and youth organizations.

Michael Gleason has more than 13 years of experience and has been involved in some of the most significant transactions to recently come before the antitrust agencies, particularly in the health care industry. He counsels clients on antitrust matters before U.S. and international enforcement agencies, including M&A transactions and government investigations, as well as antitrust litigation.

Michael has represented a variety of clients before the U.S. Department of Justice, Federal Trade Commission, state, and international antitrust enforcers and has extensive experience in a range of industries, including health care (providers and payers), pharmaceuticals, medical devices, software, chemicals, mining, defense, and food products, among others. His transactional work includes counseling clients at every stage of a deal, including premerger planning, regulatory filings, investigations, litigation, as well as post-closing investigations. Michael also frequently advises clients on a variety of antitrust issues, including competitor and vertical collaborations, information sharing, distribution arrangements, licensing, and single-firm conduct. Representative clients include Aetna, PinnacleHealth, Penn State Hershey, PotashCorp, Monster Beverage, Outfront Media, and Yale New Haven Health System.

Michael is a member of the American Bar Association's Section of Antitrust Law and the Antitrust Practice Group of the American Health Lawyers Association and has written extensively on antitrust issues for these organizations. He currently serves as a vice chair of the ABA Section of Antitrust Law's Mergers & Acquisitions Committee. Recently, he served as co-editor of the Health Care Mergers and Acquisitions Handbook as well as editor of the health care chapter of Antitrust Law Developments (Eighth).