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
Litigation
- 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
- Oracle in:
- Dismissal of suit seeking to block its acquisition of Agile Software
- Litigation and two-week trial arising out of its unsolicited tender offer for PeopleSoft
- Clients in nonpublic criminal grand jury investigations alleging price-fixing conspiracies
M&A-Related Antitrust
- 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
- SS&C in multiple transactions, including:
- $1.5B acquisition of Intralinks
- $5.4B acquisition of DST Systems
- Fandango’s acquisition of MovieTickets.com
- Equinix in multiple acquisitions, including its acquisition of data centers from Verizon
- Suez in a DOJ review of its acquisition of GE’s water treatment business
- Chemtura in its $2.7B acquisition by Lanxess
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