Mike Keeley represents clients in a wide variety of antitrust matters, and often represents companies in obtaining merger clearance and in the litigation of cases at the intersection of antitrust and intellectual property.
In recent years he has represented several merging parties before the Antitrust Division of the Department of Justice and the Federal Trade Commission, including: Dell's $67 billion acquisition of EMC; Interactive Data Corporation's $5 billion acquisition by Intercontinental Exchange Inc.; Thermo Fisher Scientific's $13.6 billion acquisition of Life Technologies; SunGard in its $9 billion sale to Fidelity National; Tyler Technologies in its acquisition of New World Systems; Interactive Data Corporation in its $5 billion sale to InterContinental Exchange; SunGard Data Systems in the combination of SunGard Higher Education with Datatel; Tyson Foods, in the sale of a Tyson poultry processing plant to George's (and George's in subsequent litigation brought by DOJ); Takeda Pharmaceuticals in its $8 billion acquisition of Millennium Pharmaceuticals; supermarket operator The Great Atlantic & Pacific Tea Company (A&P) in its acquisition of rival Pathmark Stores; Take-Two Interactive Software in the FTC's investigation of rival Electronic Arts' hostile bid for Take-Two; GameStop's acquisition of its rival, Electronics Boutique; Harcourt, Inc.'s acquisition of rival medical textbook publisher Mosby, and Harcourt's eventual acquisition by Reed Elsevier and Thomson; SunGard Data Systems' acquisition of rival disaster recovery provider Comdisco (and as a member of the trial team that overcame the court challenge by the Antitrust Division); SunGard in the sale of Brut to The Nasdaq Stock Exchange; and SunGard in its acquisition of Caminus Corp.
Mike has litigated several merger cases, including the successful defence to a challenge brought by the City of New York to the merger of Group Health Incorporated (GHI) and Health Insurance Plan of NY (HIP). In 2011, the Second Circuit affirmed the dismissal of the City's case on summary judgment for failure to prove an appropriate relevant market.
He has litigated several monopolisation cases where the complaint alleges that patents or trademarks were improperly acquired or enforced. In addition, he frequently counsels clients on the antitrust issues raised by the settlement of patent infringement suits, especially in the Hatch-Waxman context.
Mike serves as Vice-Chair of the Mergers & Acquisitions Committee of the ABA's Antitrust Section and previously served as a member of the ABA's Task Force on Foreign Investment Review.
Mike received his BS with honours from Fordham University and his JD (Order of the Coif) from Fordham Law School. Before joining Axinn Veltrop & Harkrider in 1998, he clerked for Judge Thomas J Meskill of the Second Circuit Court of Appeals, and practised at Simpson Thacher & Bartlett in New York.