Kelley, Michael R.

Michael Keeley is active in the firm's Antitrust and Litigation & Regulatory practices.

Mr. Keeley's antitrust practice is broad-based and includes representing clients seeking antitrust clearance for strategic mergers and acquisitions before the antitrust agencies, representing plaintiffs and defendants in civil antitrust actions in the federal courts, and counseling companies complying with the antitrust laws in their day to day business activities. Mr. Keeley's strong antitrust practice was recognized in the 2007, 2008, 2009, 2010, and 2011 editions of Chambers USA, and Mr. Keeley is frequently quoted in the financial news print media, as well as on CNBC.

Mr. Keeley has represented numerous acquiring and acquired companies before the Antitrust Division of the Department of Justice and the Federal Trade Commission, including:

·         Tyson Foods, in the sale of a processing plant to George's Inc.

·         Takeda Pharmaceuticals in its $8 billion acquisition of Millennium Pharmaceuticals;

·         Supermarket operator The Great Atlantic & Pacific Tea Company (A&P) in its acquisition of rival Pathmark Stores;

·         Take-Two Interactive Software in the FTC's investigation of rival Electronic Arts' hostile bid for Take-Two;

·         GameStop Corp.'s acquisition of its rival, Electronics Boutique, obtaining unconditional clearance (without a Second Request);

·         Harcourt, Inc.'s acquisition of rival medical textbook publisher Mosby, and Harcourt's eventual acquisition by Reed Elsevier and Thomson Corp.;

·         SunGard Data Systems' acquisition of rival disaster recovery provider Comdisco Inc. (and as a member of the trial team that overcame the court challenge by the Antitrust Division);

·         SunGard in the sale of Brut LLC to The Nasdaq Stock Exchange;

·         SunGard in its acquisition of Caminus Corp.

In addition to these transactions, Mr. Keeley has experience with transactions in the entertainment, aerospace, newspaper, textbook and journals publishing, supermarket, software, securities, academic and professional testing, industrial cable, and computer chip industries.

Mr. Keeley represented Group Health Incorporated (GHI) in defense of GHI's merger with Health Insurance Plan of NY (HIP). The City of New York sued GHI and HIP in federal court in Manhattan. The District Court granted summary judgment to GHI and HIP. In early 2011, the firm argued a Second Circuit appeal brought by the City of New York; an August 2011 decision affirmed the original outcome and our client's victory.

In addition, Mr. Keeley represented Tyson Foods and George's Inc. in successfully defending a lawsuit by the Antitrust Division seeking to enjoin the sale of a poultry processing plant by Tyson to George's, ending in a favorable resolution by settlement under which George's acquired the plant.

Mr. Keeley has represented companies and other organizations in lawsuits involving claims of monopolization and attempted monopolization under Section 2 of the Sherman Act, unreasonable restraints of trade under Section 1 of the Sherman Act, unlawful mergers and acquisitions under Section 7 of the Clayton Act, and unlawful interlocking boards of directors under Section 8 of the Clayton Act, as well as state antitrust and unfair competition laws. Mr. Keeley has significant experience litigating claims in the motion picture distribution and exhibition, airline, pharmaceutical, health care, computer software, financial services, and other industries. Mr. Keeley also has prosecuted and defended antitrust counterclaims in patent litigations.

Mr. Keeley also provides advice to clients regarding application of the antitrust laws to day to day business relationships with competitors, suppliers and customers. Mr. Keeley provides advice relating to joint ventures, exclusive dealing, resale price maintenance, price discrimination (including under the Robinson-Patman Act), and the HSR Act.

Mr. Keeley also counsels the firm's BioMedical Practice Group clients on the application of the antitrust laws to the prosecution, defense and settlement of patent claims between competing pharmaceutical companies.

In his litigation practice, Mr. Keeley litigates commercial cases in the state and federal courts as well as before arbitral tribunals. Mr. Keeley recently secured an award of damages for a major European airframe manufacturer in a breach of contract dispute before a tribunal seated in Geneva under the auspices of the International Chamber of Commerce's International Court of Arbitration.