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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 as before the Federal Trade Commission (“FTC”), the Antitrust Division of the Department of Justice and numerous state and foreign competition authorities.  Most recently, he successfully represented Virgin Atlantic Airways in obtaining regulatory clearance for its partial acquisition by Delta Air Lines, CoStar in complex merger clearance proceedings before the FTC relating to CoStar’s acquisition of LoopNet, and Equitas in dismissing a long-running suit relating to the Donnelly Act. He defended Fidelity National Financial and its family of title insurance operating companies in connection with multi-billion dollar antitrust claims. Mr. Arquit represented HCA in its sale of Palmyra Park Hospital to the Hospital Authority of Albany-Dougherty County (transaction consummated after successful litigation against the FTC in federal district court and in the 11th Circuit) and Tops Markets in its bankruptcy acquisition of the Penn Traffic Company’s supermarket assets.  Mr. Arquit defended MasterCard in two related actions brought by American Express and Discover. He 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 successfully advised Sirius Satellite Radio in antitrust aspects of its merger with XM Radio, adidas in the acquisition of Reebok, and PanAmSat in the sale of its assets to IntelSat. He has also represented Chevron USA in a number of FTC investigations into gas and oil pricing in various regions of the United States.

Mr. Arquit is regularly recognized as one of the world’s top antitrust attorneys.  For the past seven years, he has consistently been ranked by Chambers USA and Chambers Global, as a leading lawyer in his field. Most recently, Chambers USA 2013 identified Mr. Arquit as a leading antitrust lawyer in New York and “one of the great antitrust lawyers in the country.” He was also identified as a leading lawyer in his field for competition/antitrust by Chambers Global 2013. The Legal 500 recently named Mr. Arquit a leading practitioner in his field for the seventh consecutive year (2007-2013). The 2013 and 2014 editions of Euromoney’s Benchmark Litigation identified Mr. Arquit as a litigation star both nationally and locally in New York for antitrust litigation.  Law360 has named Mr. Arquit on their list of the “10 Most Admired Competition Attorneys.”  In March 2010, he was named by the National Law Journal as one of the “Decade’s Most Influential Lawyers, ” a list of 40 attorneys selected by the editors for legal work considered influential for pushing the profession, industry or practice area substantially forward.  In 2012, and previously in 2008, he was named on The BTI Client Service All-Star Team for Law Firms. He received the inaugural award for “The Chambers Shield of Excellence for Antitrust” in 2006 and similarly the “Global Competition Lawyer of the Year” by The International Who's Who of Business Lawyers. Mr. Arquit has been ranked among the Chambers Global list of “Global 100 Lawyers.”  Both PLC Competition Law and Global Counsel 3000 have also rated Mr. Arquit as the leading individual competition/antitrust lawyer in New York. 

Mr. Arquit is Chairman of the Board of GenerationOn, a non-profit organization dedicated to service learning among children.  He is also Chairman of the Board of The Adirondack Museum, Vice-Chair of the Board of the Adirondack Council, an environmental organization, a member of the Board of the Points of Light Institute and a member of the Board of the U.S. Ski & Snow Association (U.S. Ski Team).

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
Publications
FTC Issues Final Rule Expanding Hart-Scott-Rodino Act Reporting Obligations for the Transfer of Pharmaceutical Patent Rights
The Supreme Court Rules that Antitrust Challenges to Reverse Payment Agreements Between Brand and Generic Pharmaceutical Companies Are Governed by the Rule-of-Reason Standard
The Supreme Court Hears Oral Arguments on the Proper Antitrust Standard Governing Reverse-Payment or So-Called “Pay for Delay” Agreements Between Brand and Generic Pharmaceutical Companies
European Commission Adopts a Prohibition Decision Against Proposed Combination of Deutsche Börse AG and NYSE Euronext Inc.
European Commission Issues Revised Rules on Horizontal Cooperation
European Court of Justice Finds In-House Legal Advice Not Protected by Legal Professional Privilege
DOJ and FTC Issue Revised Horizontal Merger Guidelines
The Supreme Court Finds NFL Licensing Activities Subject to Rule of Reason Antitrust Scrutiny
The Supreme Court Considers Whether the NFL is a "Single Entity" and thus Immune from Antitrust Scrutiny
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
•  Alan Klein to Chair the International Bar Association’s Annual M&A Conference, Kevin Arquit to Lead Panel
June 12, 2012
Admissions
•  New York 1980
•  U.S. District Court Southern District of New York 1980
•  U.S. Court of Appeals 3rd Circuit 1982
•  U.S. Supreme Court 1989
•  District of Columbia 1993
•  U.S. District Court for the District of Columbia 1999
•  U.S. Court of Appeals District of Columbia Circuit 2001
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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