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Brian Burke

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Brian Burke is a partner in Baker McKenzie’s Antitrust Practice Group. He concentrates on federal antitrust and trade regulation issues. He assists clients successfully navigate the merger clearance process before the US as well as international antitrust authorities. Additionally, Brian has extensive experience representing clients outside of the merger context in civil and criminal governmental antitrust investigations as well as in commercial antitrust litigation. He also regularly counsels clients on the establishment and review of antitrust compliance programs and risk assessments as well as pricing/distribution policies. Brian is a member of the Steering Committee for the Firm’s North America Antitrust Practice Group, and is the Firm’s North America representative on its global merger-control taskforce.

The Antitrust Division of the Department of Justice (“DOJ”) has released an updated Merger Remedies Manual (the “2020 Manual”), setting out the DOJ’s framework for approaching remedies designed to preserve competition in merger cases.  The 2020 Manual emphasizes the DOJ’s preference for structural remedies in both horizontal and vertical merger cases, but provides a narrow pathway for behavioral remedies and hybrid approaches.  The 2020 Manual also sets out the DOJ’s expectations for consent decrees to improve their effectiveness and the DOJ’s ability to enforce them.

Our team of over 300 antitrust experts around the world have collaborated to produce a truly innovative Global Merger Analysis Platform (GMAP). GMAP answers 90 detailed questions on merger control law in 120 jurisdictions. It is updated in real time, offering more depth and more legal certainty than existing products…

Like their counterparts in other countries, the US antitrust agencies have begun considering and in some cases have already implemented changes to antitrust review processes in response to the COVID-19 pandemic. Both the US Federal Trade Commission (FTC) and the US Department of Justice (DOJ) have also announced measures geared…

Overview The Federal Trade Commission has announced the annual adjustment to notification thresholds that determine whether proposed transactions may trigger a filing obligation under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended. The revised thresholds will apply to all transactions that will close on or after February 27, 2020.…