Kate Whitehead Miller is an associate in the Investment Funds practice of Akin Gump Strauss Hauer & Feld LLP. She received her B.A. summa cum laude from The University of Tennessee in 2011 and her J.D. with honors from George Washington University Law School in 2014. While in law school, she served as a legal intern with the Antitrust Division of the U.S. Department of Justice, Enforcement Bureau of the Federal Communications Commission, Office of Commissioner Maureen Ohlhausen of the Federal Trade Commission and the Criminal Section of the Office of the Attorney General. Ms. Miller also served as a judicial extern for the Honorable Peter J. Messitte of the U.S. District Court for the District of Maryland.
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On April 30, 2012, the Department of Justice announced a conditional approval of the merger between National Express Corporation and Petermann Partners Inc., hinging upon the divestiture of the merging firms’ service contracts in 8 local markets. National Express and Petermann serve as (...)
359
The DOJ cleared the merger between United and Continental Airlines, pursuant to their agreement to lease routes for 18 round-trip flights to and from Newark Liberty International Airport to Southwest Airlines. As a surprise to many, the DOJ’s analysis determined that the flight routes and (...)
439
The FTC entered into a consent agreement with Pfizer Inc. and Wyeth, requiring divestiture of one entity’s U.S. operations in over 20 markets for various animal health and pharmaceutical products. The consent order, established on January 25, 2010, sets forth the divestiture of Wyeth’s U.S. (...)
146
On October 17, 2008, the FTC announced that it had finalized the consent decree entered into with Pernod Ricard and V&S Vin & Sprit to approve the merger of these two companies. Through an acquisition agreement signed on March 30, 2008, Pernod purchased V&S from the Swedish (...)
323
Bain Capital LLC (“Bain”), Thomas H. Lee Partners, L.P. (“THL”), and Clear Channel Communications Inc. (“Clear Channel”) entered into a consent decree with the DOJ on February 13, 2008 to close the DOJ’s investigation into Bain and THL’s acquisition of a 70% interest in Clear Channel. The consent (...)
300
The DOJ challenged the proposed merger of Cookson Group PLC and Foseco PLC, ultimately reaching a consent decree with the merging parties on March 4, 2008. The terms of the consent decree mandated that Foseco divest its U.S. operations for producing carbon bonded ceramics (“CBC") before (...)
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On August 1, 2006, the DOJ announced that it had entered into a consent decree with Mittal Steel Company N.V. and Arcelor S.A., ending its investigation into their transaction. The consent decree required divestiture of Arcelor’s subsidiary Dofasco Inc., operating out of eastern Canada, as a (...)
288
The FTC entered into a consent decree with Hospira Inc. and Mayne Pharma Ltd. on May 21, 2007 imposing divestitures on the firms prior to clearing their merger. The consent decree required Mayne to divest its current business in one type of generic pharmaceuticals, as well as the assets (...)
364
The DOJ entered into a consent decree with two local West Virginia newspaper owners, requiring them to rescind a merger three years after its consummation. The Daily Gazette Company and MediaNews Group, Inc. had entered into a two-to-one merger, creating a monopoly from the only two local (...)
407
Amgen Inc. and Immunex Corporation entered into a consent decree with the FTC on September 3, 2002 in order to proceed with the merger of the two pharmaceutical giants. To obtain clearance from the FTC, Amgen and Immunex agreed to divest Immunex’s business concerning the production of one (...)
392
On August 14, 2002, the FTC announced that MSC Software Corporation had agreed to enter into a consent settlement, resolving concerns that arose after MSC acquired Universal Analytics, Inc. (“UAI”) and Computerized Structural Analysis & Research Corp. (“CSAR”) in 1999. The FTC determined that (...)
399
On November 30, 1999 after an extensive and in-depth investigation, the FTC announced that Exxon Corporation and Mobil Corporation agreed to enter into a consent decree, in which the FTC mandated significant structural changes to the corporations prior to approving their merger. The consent (...)
246
The U.S. Tenth Circuit struck down an NCAA-wide salary cap imposed on the earnings of “restricted-earnings” coaches as an unreasonable restraint of trade. Instead of applying per se illegality to a price-fixing agreement, the Court determined that a “quick look” rule of reason was more appropriate (...)
170
The U.S. Second Circuit Court of Appeals affirmed a jury verdict awarding the U.S. Football League (“USFL”) only $1 in nominal damages against the National Football League (“NFL”) and agreed with the jury’s finding that the NFL did not engage in exclusionary conduct through its agreements with (...)
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The Ninth Circuit Court of Appeals, applying a rule of reason analysis, affirmed a jury verdict that an agreement between NFL teams requiring a 2/3 vote before allowing one team to move within the home territory of another team violated the Sherman Act, Section 1. Rejecting the NFL’s arguments, (...)
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The U.S. District of Columbia Circuit Court of Appeals remanded a jury verdict in a case between a potential franchisor and the operator of the Washington Redskins football team because the lower court improperly instructed the jury on a number of issues. This Court determined that the lower (...)
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