Arthur J. Burke
Head of Antitrust & Competition. Has played a leading role in numerous antitrust litigations and advises on the competition law aspects of corporate transactions.
Art is the head of our Antitrust & Competition practice. In the course of his career, he has represented clients in a variety of antitrust, securities, corporate governance and general litigation matters.
Art advises clients on the competition law aspects of mergers and acquisitions. He has also played a leading role in multiple antitrust litigations. His clients span an array of industries including media and entertainment, financial services, social media, telecommunications, and hardware and software.
Art is a frequent speaker on antitrust issues and has held multiple leadership positions in the ABA Antitrust Law Section. His work is recognized by publications including Benchmark Litigation and Chambers USA, which quotes sources describing him as “a tremendous attorney, highly regarded in the antitrust community.”
Experience
M&A-Related Antitrust
- Novo Nordisk in multiple transactions, including:
- Obtaining FTC approval of its acquisition of certain Catalent sites from Novo Holdings
- $1.1B acquisition of Forma Therapeutics
- Comcast and its affiliates in multiple transactions over the past two decades, including acquisition of AT&T Broadband and NBCU
- Altair Engineering on its $10.6B acquisition by Siemens
- Nordson in its $800M acquisition of Atrion
- PGT Innovations in its $3.1B acquisition by MITER Brands
- Morgan Stanley in its $7B acquisition of Eaton Vance
- Obtained DOJ approval of Taboola’s merger with Outbrain
- Obtained DOJ approval of the sale of Dean Foods to six acquirers, including Dairy Farmers of America and Prairie Farms
- Obtained DOJ approval of Morgan Stanley’s $13B acquisition of E*TRADE
- NBC Sports Group in its acquisition of EZLinks Golf
Litigation
- Centene in suit alleging price-fixing in out-of-network health insurance market
- Firmenich in suit alleging price-fixing in the international fragrance market
- Leading financial institutions in suits alleging price-fixing and/or manipulation of financial benchmarks and instruments, including:
- MDL alleging a conspiracy to manipulate LIBOR; we are liaison counsel for the joint defense group and have won dismissals of multiple claims and defeated certification of several purported classes
- Suits alleging conspiracies to manipulate the market for Mexican government bonds, the ISDAfix benchmark rate and FX rates and to block the exchange trading of interest rate swaps
- Comcast and NBCUniversal in winning dismissal of a suit challenging NBC’s decision not to renew its affiliation agreement with a local broadcaster in Boston
- Comcast in:
- Winning summary judgment and disposing of a monopolization claim in the advertising sales representation business
- Two suits challenging territorial rules of the NHL and MLB; successfully opposed certification of a damages class and won Daubert motion; the suits settled on favorable terms
- Suit challenging the alleged selling of cable channels in “bundled tiers”; Art successfully argued before the Ninth Circuit
- Two FCC trials concerning “discrimination” claims brought by sports programming channels; both settled on favorable terms
- Suit challenging the FCC’s approval of Comcast’s acquisition of AT&T Broadband; Art successfully argued before the D.C. Circuit
- Clients in nonpublic investigations alleging price-fixing conspiracies
Insights
News
Recognition
Best Lawyers – “Lawyer of the Year,” Antitrust Law, New York City, 2023
Chambers Global – Competition/Antitrust, USA
Chambers USA – Antitrust, New York, Band 1
Law360 – “Competition MVP of the Year,” 2013
Benchmark Litigation – United States and New York, Star
Lexology Index (formerly Who’s Who Legal) – Competition, Global Elite Thought Leader; Commercial Litigation, Thought Leader
Education
- magna cum laude
- Editor, Michigan Law Review
- magna cum laude
- magna cum laude
Clerkships
Qualifications and admissions
- State of California
- State of New York
- U.S. Court of Appeals, D.C. Circuit
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Fifth Circuit
- U.S. Court of Appeals, First Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Seventh Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. District Court, C.D. California
- U.S. District Court, Colorado
- U.S. District Court, E.D. California
- U.S. District Court, N.D. California
- U.S. District Court, S.D. New York
- U.S. Supreme Court