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Kevin J. Arquit
Partner

425 Lexington Avenue
New York, NY 10017-3954
Phone:  (212) 455-7680
Fax:  (212) 455-2502
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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 advised Sirius Satellite Radio in antitrust aspects of the announced merger with XM Radio. He also represented DoubleClick in its proposed 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 recently 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.  In 2007, he 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 Legal 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.  Both Chambers Global 2007:  Guide to the World’s Leading Lawyers for Business and Chambers USA:  America’s Leading Business Lawyers, gave Mr. Arquit its highest ranking, and named him a leading individual lawyer in his field.   In June, 2006, Mr. Arquit was named co-winner of the U.S. Antitrust Award at Chambers “Awards for Excellence” ceremony. 

Mr. Arquit is a member of the Board of Directors of The Appleseed Foundation, a nonprofit network of public interest law centers.  He is also Chairman of the Board of Children for Children, a non-profit organization dedicated to service learning among children, and is a Member 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
•  Member, Board of Directors, The Appleseed Foundation, 2005
Publications
•  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
Admissions
•  District of Columbia 1980
•  New York 1980
•  U.S. District Court Southern District of New York 1980
•  U.S. District Court for the District of Columbia 1999
•  U.S. Court of Appeals 3rd Circuit 1982
•  U.S. Court of Appeals District of Columbia Circuit 2001
•  U.S. Supreme Court 1989
Education
•  Cornell Law School, 1978 J.D.
Cum Laude
•  St. Lawrence University, 1975 B.A.
Cum Laude



•  Litigation
•  Antitrust
•  Mergers and Acquisitions
 
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