James A. Keyte
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. Matters include cases for SanDisk, Martin Marietta, Sprint, Pfizer, USIM, Express Scripts, 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.
In the transactional arena, Mr. Keyte has represented numerous clients before the Department of Justice and the Federal Trade Commission. For example, he represented The Coca-Cola Company in its successful acquisition of Glacéau and its partial acquisition of Honest Tea. He also represented 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. He also has advised Sealed Air in a variety of matters and counsels a number of the firm’s Japan-based clients on transitional matters. 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.
J.D., Loyola Law School, 1986 (Law Review)
B.A., Harvard University, 1981 (cum laude)
"New Antitrust Enforcement - Buckle Your Seatbelts," Law360, May 15, 2009
“The Ripple Effects of Trinko: How it Is Affecting Section 2 Analysis,” Antitrust, Fall 2005
Co-author, “Markets? We Don't Need No Stinking Markets! The FTC and Market Definition,” The Antitrust Bulletin, Fall 2004
“Arch Coal and Oracle Put the Agencies on the Ropes in Proving Anticompetitive Effects,” Antitrust Magazine, Fall 2004
“Working with Economic Experts: A Risk-Averse Guide for Working with Non-Testifying Consultants or Experts,” Antitrust, Spring 2003
“What it is and How it is Being Applied: The “Quick Look” Rule of Reason,” Antitrust, Summer 1997
Co-author, “Understanding Econometric Analysis of the Price Effects of Mergers Involving Differentiated Products,” Antitrust, Summer 1996
“Foreclosure and Harm to Competition: Some Lessons for Defending Vertical Mergers,” Antitrust, Spring 1995
“Market Definition and Differentiated Products: The Need for a Workable Standard,” Antitrust Law Journal, Spring 1995