Gary A. MacDonald
Antitrust, Trade Regulation and Government Enforcement Matters
Gary A. MacDonald has a diversified antitrust practice that includes litigation and arbitration, government enforcement matters, mergers and acquisitions, and antitrust counseling.
With respect to antitrust litigation, Mr. MacDonald’s practice focuses on complex litigations involving, in particular, price-fixing and monopolization. For example, he is representing KLM Royal Dutch Airlines in a number of treble-damage class action litigations involving the air cargo and air passenger industries. Mr. MacDonald obtained dismissal of all plaintiffs’ claims in two of those actions. In the first of those actions, he argued and won a dismissal of a putative class action filed against KLM and several other airlines, on the basis that the court lacked subject matter jurisdiction as excluded by the Foreign Trade Antitrust Improvements Act. (See McLafferty v. Deutsche Lufthansa A.G., KLM Royal Dutch Airlines, et al., 2009 WL 3365881 (E.D. Pa. 2009)) In the second of those actions, the court dismissed a putative class action filed against KLM and other airlines, based on plaintiffs’ failure to state a claim under Rule 12(b)(6) of the Federal Rules of Procedure, based on the pleading standard articulated by the Supreme Court in Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009). Also, Mr. MacDonald is lead counsel representing KLM in a multidistrict treble-damage action filed in In re TransPacific Passenger Air Transportation Antitrust Litigation, MDL No. 1913 (N.D. Cal.). In addition, Mr. MacDonald is representing Southwest Airlines in connection with its defense of a private federal court challenge to Southwest’s acquisition of Airtran. Further, Mr. MacDonald represented Canadian Imperial Bank of Commerce (CIBC); CIBC World Markets Corp.; Cowen and Company LLC; ABN AMRO, Inc.; and ING Barings LLC, in putative class actions alleging violations of federal antitrust laws, all of which were favorably resolved.
In the arbitration area, Mr. MacDonald represents clients in international arbitrations arising from the antitrust aspects of various disputes. For example, he successfully represented a pharmaceutical company in such a dispute, and likewise represented Rock of Ages Corporation. Both of those arbitrations fall under the auspices of the International Chamber of Commerce.
With respect to government enforcement matters, Mr. MacDonald represents U.S. and international clients in civil and criminal investigations that generally have international dimensions involving the U.S., European Commission and other antitrust agencies. Those investigations are non-public. Further, in the general antitrust counseling area, Mr. MacDonald advises clients on compliance with, and other issues arising from, the U.S. antitrust laws. For example, he is advising BTG, providing counseling and assistance on pharma-related antitrust matters. He also is advising several trade association entities, including NPES The Association for Suppliers of Printing, Publishing and Converting Technologies, Inc.; the Graphic Arts Show Company, Inc.; and the Graphic Arts Education Research Foundation.
Mr. MacDonald serves as president of the University of Michigan Law School Alumni Club of Washington, D.C.
Mr. MacDonald repeatedly has been selected for inclusion in The Legal 500 United States editions.
J.D., University of Michigan Law School, 1988 (Managing Editor, Michigan Law Review)
M.B.A., University of Michigan Graduate School of Business, 1982 (with Distinction)
B.A., Michigan State University, 1980 (with Honor)
Law Clerk, Hon. Cornelia G. Kennedy, United States Court of Appeals for the Sixth Circuit (1988-1989)
President, University of Michigan Law School Alumni Club of Washington, D.C. (1998-Present)