Concentration

Antitrust and Litigation

Summary

Chris MacAvoy’s practice focuses on mergers, antitrust counseling and litigation and government investigations. Mr. MacAvoy’s experience includes mergers and joint ventures, distribution practices, price discrimination and trade association activities. He has represented many prominent suppliers, distributors and retailers of grocery products, as well as trade associations, in mergers, government investigations and litigation.

Mr. MacAvoy has held leadership positions in the American Bar Association’s Section of Antitrust Law, including a position on the Section’s Council, Chair of the Trade Associations Committee, Chair of the Robinson-Patman Act Committee and Vice Chair of the Sherman Act Section 1 Committee. He has spoken and written on a variety of antitrust issues, with particular emphasis on mergers, trade association activities, price discrimination, promotions and other distribution practices. He was co-editor of the Antitrust Section’s Antitrust and Associations Handbook (2009). Mr. MacAvoy was principal draftsman of the Robinson-Patman Act chapter in the Antitrust Section’s flagship publication, Antitrust Law Developments (Fourth) and the second edition of the Antitrust Section’s Primer on price discrimination law.

Representative Engagements

• In re Wholesale Grocery Products Antitrust Litigation, MDL Docket No. 2090 (D. Minn.). Counsel for defendant C&S Wholesale Grocers, Inc., MDL Docket No. 2090 (D. Minn.). Counsel for defendant C&S Wholesale Grocers, Inc.
• Scansoft Inc.’s acquisition of Nuance Communications Inc.-Created an industry-leading speech recognition software provider.
• Fortune Brands’ acquisition of premium distilled spirits and wine brands from Allied Domecq-Complex transaction involving three major international distilled spirits companies.
• Albertson’s acquisition of American Stores-One of the largest supermarket mergers in history.
• PepsiCo’s acquisition of Quaker Oats-A significant merger in the beverage industry, combining Pepsi with Gatorade.
• Tyson Foods’ acquisition of IBP-Created the largest producer of poultry and beef products in the U.S.
• Saskatchewan Wheat Pool’s acquisition of Agricore United-Combined two major Canadian grain processors.
• Bertelsmann AG’s sale of BMG Music Publishing to Universal Music Group-Sale of a leading music publishing business.
• Connors Brothers’ acquisition of Bumble Bee Seafoods, LLC-Combined two leading producers of sardine snacks.
• Schnuck Markets’ acquisition of National Stores-combined two leading supermarket operators in St. Louis.

Publications, Speeches and Presentations

Publications

• Co-editor, Antitrust and Associations Handbook, ABA Section of Antitrust Law, 2009
• “At What Price May Seller Sell?” Legal Aspects of Selling and Buying. Thomson/West, 2004, 3rd ed.
• “Congress Considers ‘Standards Development Organization Advancement Act,’” Information Exchange, Spring 2004, ABA Section of Antitrust Law Trade Associations Committee newsletter
• “The Wal-Mart Case: A Challenge to State Merger Enforcement.” Clayton Act Newsletter, ABA Section of Antitrust Law, Spring 2003
• “Trends in U.S. Antitrust Enforcement,” Global Competition Review, The Antitrust Review of the Americas, Spring 2002
• “A Primer on the Federal Price Discrimination Laws.” ABA Section of Antitrust Law, 2000

Speeches and Presentations

• Presenter, “FTC Bureau of Economics Grocery Store Antitrust Roundtable,” Federal Trade Commission, May 24, 2007
• “Ethical and Practical Challenges Representing Trade Associations and Their Members,” ABA Section of Antitrust Law, Annual Spring Meeting, Washington, D.C., April 2 - 4, 2003
• “Mergers and Asset Sales Involving Failing and Flailing Firms,” ABA Section of Antitrust Law, October 29, 2002
• Panelist, “FTC Workshop on Slotting Allowances,” Federal Trade Commission, May 31, 2000
• “Slotting Allowances in Alcohol Beverage Distribution,” National Alcohol Beverage Control Association Symposium on Alcohol Beverage Law, March 16, 1998