James A. Keyte
Antitrust and Competition
James A. Keyte handles a wide variety of antitrust litigation, transactional and advisory matters across numerous industries.
In the litigation area, Mr. Keyte has handled a number of cases involving alleged price-fixing, monopolization, litigated mergers, other restraints of trade and class actions. In addition to litigated mergers (noted below), matters include cases for SanDisk, Martin Marietta, Pfizer, USIM, NewYork-Presbyterian Hospital, IASIS Healthcare and several of Skadden’s Japanese clients. In addition, Mr. Keyte has handled or played significant roles in a number of sports-related litigations and trials, including several high-profile matters for the NHL, NFL and the NBA. He played a key role in the NHL’s successful litigation against MSG as well as in an attempt, through bankruptcy, to relocate the Phoenix Coyotes over the NHL’s objection. Mr. Keyte also played an instrumental role in the NFL’s successful jury verdict in a billion-dollar case brought by the Oakland Raiders in California state court. Currently, Mr. Keyte is representing the NHL in a class action litigation involving the live broadcast of NHL games.
In the transactional arena, Mr. Keyte has represented numerous clients before the Department of Justice and the Federal Trade Commission as well as parties involved in litigated mergers. Mr. Keyte currently represents the Unsecured Creditors Committee of American Airlines (in bankruptcy) with respect to its proposed merger with US Airways; he represented Anheuser-Busch InBev with respect to the government and private challenges to its merger with Modelo; he represented Express Scripts in a private challenge to its merger with Medco; and he represented Sprint in their challenge to the unconsummated AT&T/T-Mobile merger. Mr. Keyte also represented The Coca-Cola Company in its successful acquisition of Glacéau and its partial acquisition of Honest Tea; DigitalGlobe in its acquisition of GeoEye; Toshiba in its acquisition of Westinghouse’s nuclear division; Alcatel in its acquisition of Lucent Technologies; Caesar’s Entertainment in its acquisition by Harrah’s; and a number of private equity firms, including in the acquisition of MGM with Sony Corp. and the sale of Westwood One to Dial Global. Currently, Mr. Keyte is representing Ainsworth in relation to its proposed sale to Louisiana Pacific. Mr. Keyte also regularly appears before the antitrust agencies in a variety of investigational contexts.
In the area of general antitrust counseling, Mr. Keyte advises numerous clients on compliance with basic antitrust statutes, including issues relating to competitor collaborations, unilateral conduct and distribution. He also counsels a number of clients on intellectual property matters with antitrust implications.
Mr. Keyte was appointed by the Antitrust Section of the American Bar Association to chair the Trade, Sports and Professional Associations Committee. He also is an adjunct professor at Fordham Law School, teaching comparative antitrust law. Mr. Keyte is a frequent contributor of antitrust articles to the Antitrust Law Journal and Antitrust Magazine on a variety of topics, including merger analysis, market definition and conduct-related issues. Mr. Keyte is a former senior editor of the Antitrust Law Journal and a former editor of Antitrust Magazine. In 2012, he won the Institute of Competition Law’s Antitrust Academic Article Readers Award for “‘Tally Ho!’: UPP and the 2010 Horizontal Merger Guidelines.” Mr. Keyte repeatedly has been selected for inclusion in Chambers USA: America’s Leading Lawyers for Business. In addition he is listed in The International Who’s Who of Competition Lawyers & Economists 2014 and Who’s Who Legal: Competition 2015.
J.D., Loyola Law School, 1986 (Law Review)
B.A., Harvard University, 1981 (cum laude)