Concentration

Litigation and Antitrust

Summary

Chuck Malaise is an Associate in Baker Botts’ Antitrust and Competition Practice. His practice focuses on both representing litigants in private and complex commercial litigation matters and the defense of corporate clients in connection with domestic and international mergers and acquisitions, including responses to second requests. His merger experience has allowed him to regularly represent clients before the FTC, the DOJ and numerous foreign antitrust enforcement agencies. Mr. Malaise’s experience in litigation matters has addressed a variety of legal theories including monopolization, market division, exclusive dealing, trademark misuse and a variety of commercial actions.

Prior to law school, Mr. Malaise spent three years as a hedge fund portfolio analyst, working on risk and convertible arbitrage.

Representative Engagements

• Bucyrus International, Inc./Caterpillar Inc. Represented Caterpillar in achieving antitrust clearance in the U.S. and 10 other jurisdictions in connections with its proposed $8.6 billion acquisition of Bucyrus.
• Sterling Merchandising, Inc. v. Nestle S.A., Nestle Puerto Rico, Inc., and Payco Foods Corporation. Managed defense of action involving alleged violations of Section 1 and 2 of the Sherman Act, Section 3 of the Clayton Act and Puerto Rico statutory analogues by obtaining summary judgment an all claims.
• Texas Instruments Inc./Intel Corp. Represented Intel in achieving antitrust clearance in the U.S. and 4 other jurisdictions in connection with its acquisition of Texas Instruments Cable Modem Unit.
• Nestle S.A./Novartis AG. Represented Nestle S.A. in obtaining US and global antitrust clearances in connection with the divestiture of a minority interest in Alcon to Novartis (owner of Ciba Vision) for approximately $38.5 billion.
• BJ Services Co./Baker Hughes Inc. Represented Baker Hughes in achieving antitrust clearance in the U.S. in connection with its $5.5 billion acquisition of BJ Services.
• EDS/Hewlett-Packard. Represented EDS in achieving antitrust clearance in the US and 16 other jurisdiction in connection with HP’s $13.9 billion acquisition of EDS.
• Packaging Supplies, Inc. v. Harley-Davidson. Managed defense of action involving alleged violations of Section 1 of the Sherman Act and tortuous inference and Harley-Davidson’s counter-claims for trademark infringement and unfair competition by obtaining summary judgment on all of plaintiff’s claims and summary judgment on Harley-Davidson’s counter-claims.

Publications, Speeches and Presentations

• “FERC Declines to Adopt the Competitive Analysis From the 2010 Horizontal Merger Guidelines,” ABA Section of Antitrust Law’s Transportation, Energy & Antitrust Newsletter (Spring 2012).
• Contributor to the Electric Power Section in the Regulated Industries chapter of the 2010 Annual Review of Antitrust Law Developments
• Contributor for the revision of the Selection of Experts chapter in the Third Edition of the ABA Antitrust Discovery Handbook