Read the 10 best academic and business antitrust articles published in 2012!

Nominated by Julie Brill, Alexander Italianer, Frédéric Jenny, Bill Kovacic, Bruno Lasserre

Gary A. MacDonald

Gary A. MacDonald

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.

Website : Skadden Arps (Washington DC)


Send a message

© 2013 - Institute of Competition Law Download our brochure