Thomas A. McGrath

Linklaters (New York)
Lawyer/Attorney

Tom advises U.S. and international clients on the antitrust aspects of multinational mergers clearances and defends clients in criminal price-fixing investigations and private antitrust litigation. He regularly appears on behalf of clients before the U.S. Department of Justice and Federal Trade Commission. His practice includes advising clients on the antitrust aspects of a broad range of matters, including intellectual property licensing, cooperation with competitors, distribution arrangements, price discrimination issues, and U.S. and global competition law compliance programs. Most recently, he has advised a major Japanese company on its proposed joint venture with a chemical company to acquire a high performance chemical business in U.S. and global merger control proceedings, Novartis on its oncology and vaccines transactions with GSK and Siemens on its acquisitions of the Rolls-Royce Energy aero-derivative gas turbine business and the Invensys rail business. Previously he acted for Glencore on its acquisition of Xstrata and Deutsche Börse on its planned merger with NYSE Euronext. He was also lead counsel for Air France KLM in the air cargo cartel cases. Tom practices in Linklaters’ New York and Washington offices. Tom is a member of the Antitrust Section of the American Bar Association and is recognized in Chambers USA and Legal 500 U.S.

Linked authors

Linklaters (Beijing)
Linklaters (Shanghai)
Linklaters (Brussels)
Linklaters (Washington)
Linklaters (New York)

Articles

821 Bulletin

Antonia Sherman, Jeffrey Schmidt, Thomas A. McGrath The US DoJ takes action against CEO of cable television services company for failure to comply with HSR Act in connection with acquisition of vested shares (Roberts / Comcast)

48

The US antitrust authorities recently took action against an executive for violation of the Hart-Scott-Rodino Act (the “HSR Act”) in connection with the acquisition of stock as part of his compensation, resulting in a $500,000 fine. The HSR Act requires acquirers of certain voting securities (...)

Jonas Koponen, Robert Gavin, Simon Poh, Thomas A. McGrath, Yuan Cheng The Chinese MOFCOM issues new interim provisions on the assessment of anticompetitive effects of mergers

277

On 2 September 2011, the PRC Ministry of Commerce (the “MOFCOM”) published on its website the Interim Provisions on Assessment of Competitive Impact of Concentrations of Business Operators (the “Interim Provisions”), which came into effect on 5 September 2011. The Interim Provisions elaborate on (...)

Jonas Koponen, Robert Gavin, Simon Poh, Thomas A. McGrath, Yuan Cheng The Chinese State Administration for Industry and Commerce (SAIC) issues three substantive regulations on enforcement of the Anti- Monopoly Law

59

On 7 January 2011, the State Administration for Industry and Commerce (“SAIC”) published three substantive Regulations on enforcement of the Anti- Monopoly Law (“AML”), regarding Monopolistic Agreements, Abuse of Dominance and Abuse of Administrative Powers. In May 2009 and May 2010, SAIC twice (...)

Jonas Koponen, Robert Gavin, Simon Poh, Thomas A. McGrath, Yuan Cheng The Chinese National Development and Reform Commission (NDRC) sanctions paper manufacturer association for price-fixing and output restriction cartel (Fuyang Paper Manufacture Industry Association)

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In a statement on 4 January 2011, the PRC National Development and Reform Commission (the ”NDRC”), the department in charge of price administration, announced that it has fined the Paper Manufacture Industry Association in Fuyang City, Zhejiang Province RMB 500,000 for organising a cartel. (...)

Thomas A. McGrath The US DoJ announces reforms to merger review process

30

U.S. Department of Justice Antitrust Division Reforms to Merger Review Process In-depth merger review in the U.S. pursuant to a "Second Request" issued by one of the antitrust agencies can be an enormously burdensome proposition that routinely costs merging parties millions of dollars and (...)

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