EDITORIAL REVIEW

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The nation’s leading antitrust ace won approval for Sirius to merge with XM, advised Mars in its $23B acquisition of Wrigley and won dismissal of antitrust violations against Staples.



The nation’s leading antitrust lawyer has one down and one to go: the FTC approved Google’s $1.3B acquisition of DoubleClick, and he’s awaiting word on Sirius and XM Radio.


Nailed back-to-back homers off the Supremes, establishing critical antitrust law in last term’s Illinois Tool Works and Texaco cases.


Kevin Arquit is the go-to lawyer for antitrust issues. Major companies seek his advice to complete their corporate deals. He serves as antitrust counsel to Adidas in its pending $3.8 billion acquisition of Reebok, and he advised Coors in a $6 billion merger with Molson in 2004. He also defended MasterCard in a major antitrust case brought by the Justice Department in 1998. The case, which accused MasterCard and Visa of anticompetitive behavior, ended in 2004 when the U.S. Supreme Court denied an appeal by the credit card networks. Arquit also provided his antitrust expertise to the government when he served as director of the Federal Trade Commission's Bureau of Competition from 1989 to 1992.




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Kevin Arquit focuses on antitrust litigation, transactional and counseling issues. Prior to joining private practice, Mr. Arquit was General Counsel of the Federal Trade Commission, and then Director of its Bureau of Competition. Mr. Arquit represents a wide variety of companies in high profile antitrust litigation as well before Government competition regulatory authorities. He successfully advised Sirius Satellite Radio in antitrust aspects of its merger with XM Radio. He also successfully represented DoubleClick in its acquisition by Google, and defended MasterCard in two related actions brought by American Express and Discover. He recently represented Weyerhaeuser in a series of monopolization cases concerning its purchases of logs in the Pacific Northwest. In February 2007, the Supreme Court vacated the original jury verdict in a unanimous decision which established the standard for evaluating the legality of a predatory buying claim. He also recently represented Rinker Group Limited in an antitrust investigation arising from a takeover offer by a competing firm, Cemex. He also has represented adidas in the antitrust aspects of its acquisition of Reebok, PanAmSat in the sale of its assets to IntelSat, Abbott in connection with acquiring assets divested during the sale of Guidant to Boston Scientific, Smithfield Foods in its acquisition of the Cook’s Division of Con Agra Foods and its purchase of Premium Standard and Chevron U.S.A. in the Federal Trade Commission’s investigation of pricing practices for gasoline in the United States.

Mr. Arquit is regularly recognized as one of the world’s top antitrust attorneys. He was recently named to Law360’s list of the “10 Most Admired Competition Attorneys.” In March 2010, he was named by the National Law Journal as one of the “Decade’s Most Influential Lawyers.” The list of 40 attorneys was selected by the editors who identify legal work considered so consequential that it helped to push the profession, an industry or a practice area substantially forward. He was also named to The BTI Client Service All-Star Team for Law Firms 2008, a list comprised of 148 attorneys recognized as delivering superior client service to Fortune 1000 clients. From 2007-2010, Mr. Arquit was named a leading practitioner in his field by The Legal 500; “2005 Global Competition Lawyer of the Year” by The International Who's Who of Business Lawyers in its inaugural presentation of the award, and is ranked among the Chambers “Global 100” lawyers. Both PLC Competition Law and Global Counsel 3000 recently rated Mr. Arquit as the leading individual competition/antitrust lawyer in New York. From 2007-2011, Chambers USA and Chambers Global, gave Mr. Arquit the highest ranking, and named him a leading individual lawyer in his field. In June 2006, Mr. Arquit was named co-winner of the inaugural U.S. Antitrust Award at Chambers “Awards for Excellence” ceremony.

Mr. Arquit is Chairman of the Board of Children for Children, a non-profit organization dedicated to service learning among children, and is also Chairman of the Board of The Adirondack Museum.

Honors/Associations

• BNA Advisory Board on Trade Regulation, Member
• International Bar Association, Chairman, Antitrust and Trade Law Committee, 1996-2002
• New York State Bar Association, Member of the Executive Committee, Antitrust Law Section

Admissions

• New York 1980
• U.S. District Court Southern District of New York 1980
• U.S. Court of Appeals 3rd Circuit 1982
• U.S. Supreme Court 1989
• District of Columbia 1993
• U.S. District Court for the District of Columbia 1999
• U.S. Court of Appeals District of Columbia Circuit 2001

Education

• Cornell Law School, 1978 J.D.
  Cum Laude
• St. Lawrence University, 1975 B.A.
  Cum Laude

Practice Focus

• Litigation
  Practice Group Attorneys
  
  
• Antitrust
  Practice Group Attorneys
  
  
• Mergers and Acquisitions
  Practice Group Attorneys

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by Kevin Arquit

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Publications

• European Commission Issues Revised Rules on Horizontal Cooperation
  
  
• European Court of Justice Finds In-House Legal Advice Not Protected by Legal Professional Privilege
  
  
• DOJ and FTC Issue Revised Horizontal Merger Guidelines
  
  
• The Supreme Court Finds NFL Licensing Activities Subject to Rule of Reason Antitrust Scrutiny
  
  
• The Supreme Court Considers Whether the NFL is a "Single Entity" and thus Immune from Antitrust Scrutiny
  
  
• The Heightened Pleading Standard of Twombly Applies to All Federal Civil Claims
  
  
• China Blocks Foreign Acquisition of a Chinese Company in an Early Major Test of the Chinese Anti-Monopoly Law
  
  
• The Supreme Court Rejects the "Price Squeeze" Theory of Illegal Monopolization
  
  
• The Supreme Court Considers the Applicability of the "Price-Squeeze" Theory of Illegal Monopolization
  
  
• Whole Foods/Wild Oats: D.C. Circuit Reverses and Remands on Motion to Preliminarily Enjoin Already Consummated Merger
  
  
• The Department of Justice Gives Unconditional Approval to Proposed Merger of Sirius and XM
  
  
• First U.K. Criminal Charges Are Brought Against Cartel Participants Following DOJ Plea Agreements in the U.S.
  
  
• EU Commission Dawn Raids Companies for Alleged Gun-Jumping Violations
  
  
• The European Court of First Instance Upholds the European Commission�s Finding that Microsoft Abused its Dominant Position
  
  
• Supreme Court Holds That Minimum Resale Price Maintenance is Not a Per Se Violation of Antitrust Law
  
  
• Supreme Court Rules that IPO Litigation is Immune from Antitrust Scrutiny
  
  
• Bell Atlantic Corp. v. Twombly: Raising the Bar for Pleadings by Antitrust Plaintiffs
  
  
• DOJ Announces Reforms to Merger Review Process - January 18, 2007
  
  
• The European Court of First Instance Annuls the European Commission's Decision Approving the SonyBMG Joint Venture - July 18, 2006
  
  
• Two Supreme Court Antitrust Decisions In Two Days - March 2, 2006
  
  
• FTC Reforms to Merger Review Process - February 21, 2006
  
  
• Mergers and Acquisitions: United States Government Antitrust Analysis and Enforcement
  
  
• Prepared Statement of Kevin J. Arquit Before the United States House of Representatives Committee on the Judiciary, Oversight Hearing on Direct Broadcast Satellite Service in the Multichannel Video Distribution Market

Speaking Engagements

Kevin J. Arquit Keynote Speaker at Cornell International Law Journal Symposium
February 25, 2009