James A. Keyte

The Brattle Group (New York)
Director of Global Development

As the Director of Global Development, Mr. Keyte plays a lead role in growing Brattle’s antitrust practice and defining a new level of quality for economic consulting. His extensive practical experience, along with his deep antitrust expertise, gives Brattle a competitive advantage in producing top quality expert work product across all competition subject areas. Mr. Keyte is directly engaged in marketing, training, and quality review across all of Brattle’s competition and antitrust engagements both in the U.S. and globally. Mr. Keyte previously spent more than twenty years as a partner at Skadden, where he handled a wide variety of antitrust litigation, transactions, and advisory matters across numerous industries. He led high-profile antitrust cases involving alleged price-fixing, monopolization, mergers, intellectual property licensing, and sports-related matters, including class actions. He was also involved in a number of high-profile mergers, several of which involved litigation challenges by the DOJ and FTC. Mr. Keyte is the Director of the Fordham Competition Law Institute (FCLI), which he will continue to lead, and has published more than 50 articles related to antitrust across a wide range of topics, including on the subject of expert testimony. He is an adjunct professor at Fordham Law School, a former editor of Antitrust Law Journal, and currently serves as editor of Antitrust Magazine. He holds a J.D. from Loyola Law School (Law Review) and a B.A. from Harvard University (cum laude).

Distinctions

Linked authors

Skadden, Arps, Slate, Meagher & Flom (New York)
Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
Kirkland & Ellis (New York)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
Skadden, Arps, Slate, Meagher & Flom (New York)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
European Commission

Videos

James Keyte - Antitrust law and policies from Brussels to Washington D.C.: The Atlantic divide
James A. Keyte 16 October 2015 Bruxelles

Articles

1873 Bulletin

James A. Keyte Sports and Antitrust Law in the US: An overview of leading cases

143

I. Introduction The application of competition laws to sports has a long tradition in the United States and increasingly is becoming a major focus of the EU Member States and the EU Commission. But it would be naïve to assume that the enforcement or substantive application of U.S. and EU (...)

Alec Y. Chang, Clifford H. Aronson, Ian G. John, James A. Keyte The US District Court for the District of Columbia grants DoJ request to enjoin a merger between two digital do-it-yourself tax preparation software providers (H&R Block / TaxAct)

588

This article has been nominated by the Business Steering Committee for the business category, mergers section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On October 31, 2011, the U.S. District Court for the District of Columbia is sued (...)

James A. Keyte The US District Court for the District of Columbia blocks a merger in the digital do-it-yourself tax preparation software industry providing insights on evidence to use on S. 7 challenge (H&R Block / TaxAct)

376

United States v. H&R Block: The DOJ Invokes Brown Shoe to Shed the Oracle Albatross* On November 10, 2011, the U.S. Department of Justice won its first fully litigated merger challenge since its 2004 defeat in United States v. Oracle Corp. In the interim, the Federal Trade Commission had (...)

Gary A. MacDonald, James A. Keyte, Steven C. Sunshine The US District Court for the Eastern District of Pennsylvania adopts "scope of patent" test for analyzing Hatch-Waxman patent settlements (Cephalon)

180

On March 29, 2010, Judge Mitchell S. Goldberg upheld antitrust lawsuits filed by the Federal Trade Commission (FTC) and private plaintiffs against drug maker Cephalon, Inc. (Cephalon), alleging that Cephalon conspired with four generic drug manufacturers to delay generic competition for the (...)

Gary A. MacDonald, James A. Keyte, Steven C. Sunshine A US District Court dismisses the FTC’s "pay-for-delay" antitrust lawsuit ruling that the contested settlements are not an unreasonable restraint of trade (Androgel Litigation)

242

On February 22, 2010, Judge Thomas W. Thrash, Jr. dismissed the Federal Trade Commission’s (FTC) antitrust lawsuit alleging that Solvay Pharmaceuticals (Solvay) conspired with generic drug makers Watson Pharmaceuticals (Watson) and Par Pharmaceuticals (Par) to delay generic competition for the (...)

Gary A. MacDonald, James A. Keyte, Neal R. Stoll, Steven C. Sunshine The US FTC finalizes amendments to parts 3 and 4 of its rules of practice expediting administrative review of mergers

57

On April 27, 2009, the Federal Trade Commission adopted final rules amending Parts 3 and 4 of its Rules of Practice. The adoption of these rules is a culmination of efforts going back a couple of years to make changes that would expedite adjudications of allegedly anti-competitive merger (...)

Benjamin C., Jr. Crisman, James A. Keyte, Steven C. Sunshine The US District Court for the District of Columbia grants FTC request for preliminary injunction to block a 3-2 transaction in the market for electronic systems used to estimate the cost of collision repairs (CCC Holdings / Aurora Equity Partners)

171

On March 18, 2009, Judge Collyer of the United States District Court for the District of Columbia released the public version of a significant opinion supporting her order granting the FTC a preliminary injunction in connection with the proposed $1.4 billion merger of CCC Information Systems (...)

James A. Keyte, Steven C. Sunshine The US FTC seeks disgorgement remedy in challenge against pharma company for illegally acquiring drugs used to treat premature babies with life-threatening heart condition (Ovation)

116

Continuing a trend of increasing aggressiveness in antitrust enforcement, the Federal Trade Commission (FTC) is seeking disgorgement in a challenge to Ovation Pharmaceutical Inc.’s acquisition of the drug NeoProfen®, filed in the Minnesota District Court on Dec. 16, 2008. In the past, the FTC has (...)

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