Paul Cuomo is a partner in the Antitrust and Competition Practice and serves as Deputy Partner in Charge of the firm’s Washington office.
Mr. Cuomo advises clients on all aspects of antitrust law, with an emphasis on U.S. and international merger reviews, and is one of only a handful of U.S.-based lawyers to appear in person before the Ministry of Commerce of the People’s Republic of China (MOFCOM) in connection with a merger review. According to Legal 500, “Cuomo is often singled out for his ‘keen intelligence and many years of antitrust experience’, which allow him to ‘quickly apply law to new facts and provide well reasoned, easy to understand legal advice.’”
Mr. Cuomo has handled transactions valued at well over $100 billion and has obtained U.S. and foreign antitrust clearances across a wide variety of industries, including oilfield products and services, metals, electric and natural gas transmission and distribution, mining and forestry equipment and services, software, pulp and paper, general industrial manufacturing and various chemical products.
In addition to working with clients to secure antitrust clearances for transactions, Mr. Cuomo has represented third parties in opposition to transactions, and he provides risk arbitrage advice.
Outside of the merger area, Mr. Cuomo regularly advises Fortune 500 and smaller companies on the antitrust issues associated with their day-to-day business practices and represents companies in civil nonmerger and criminal grand jury investigations and antitrust litigation.
In addition, he serves as Antitrust Compliance Officer for the National Association of Music Merchants (NAMM), a 9,000+ member association of manufacturers, retailers and distributors of musical instruments and products, under the terms of a settlement agreement with the Federal Trade Commission.
Outside of his antitrust practice, Mr. Cuomo represents clients in general commercial matters including matters involving trade secrets, contractual disputes and other issues.
- Caterpillar Inc.: Represented Caterpillar on numerous transactions, including its acquisitions of Bucyrus International (surface and underground mining equipment), Electro-Motive Diesel (locomotives and diesel engines), Remy Diesel (diesel engine remanufacturing) and the Forestry Division of Blount International (timber harvesting machines), its joint venture with Navistar (on-highway trucks) and the sale of its third party logistics business to Platinum Equity.
- Halliburton Company: Represented Halliburton on numerous matters, including its proposed acquisition of Baker Hughes.
- Regency Energy Partners: Represented Regency in connection with its acquisitions of PVR Partners and Eagle Rock Energy Partners and in connection with its proposed merger with Energy Transfer Partners.
- Akzo Nobel’s Acquisition of Imperial Chemical Industries: Represented ICI in connection with the $16 billion acquisition of ICI by Akzo Nobel and Akzo Nobel’s subsequent $5 billion sale of certain ICI businesses (paints, coatings, industrial adhesives and various chemicals) to Henkel.
- Smith International: Represented Smith in connection with its combination with Schlumberger Limited.
- American Industrial Partners: Represented AIP, a leading midmarket private equity fund, in connection with its acquisitions of two leading suppliers of waterjet technologies (KMT Group and Flow International), the combination of two leading suppliers of can making machinery (Sequa Can Corp. and Stolle Machinery Company), and many other matters.
- A.O. Smith Corporation: Acquisitions of Lochinvar Corporation, GSW Inc./American Water Heater and State Industries.
- Cameron International Corporation: Represented Cameron in connection with its acquisition of NATCO Group and the formation of OneSubsea.
- Contran Corporation: Represented Contran in connection with the $2.9 billion sale of Titanium Metals Corporation to Precision Castparts.
- Olin Corporation: Represented Olin in connection with its acquisition of Pioneer Companies, a competitor in the chlor-alkali industry.
- Acergy: Represented Acergy (formerly Stolt Offshore) in connection with its divestiture of certain offshore construction, diving and pipelay vessels to Cal Dive International and the DOJ’s subsequent investigation into Cal Dive’s compliance with the settlement resulting from the initial transaction.
- BASF’s Acquisition of Johnson Polymer: Managed the worldwide antitrust clearance process for JohnsonDiversey in connection with BASF’s acquisition of Johnson Polymer. The transaction was cleared on schedule and without remedies in 10 jurisdictions.
- In re Musical Instruments and Equipment Antitrust Litigation: Represented NAMM in federal MDL proceeding in Southern District of California and related litigation in Tennessee state court. Obtained dismissal of all federal antitrust claims.
- Represented Milwaukee Electric Tool Corporation and affiliated entities securing dismissal of antitrust claims alleging group boycotts and conspiracies involving industry standard setting organizations.
- Aspex Eyewear v. Vision Service Plan and Marchon Eyewear: Represented Marchon in federal antitrust case. Defeated motion for preliminary injunction and obtained dismissal of all claims.
- Non-Public State Investigation: Represented a leading producer of consumer goods in connection with a multi-state investigation involving Section 1 and Section 2 issues.
Awards & Community
Listed in Who's Who Legal: Competition, 2016 & 2017
Listed in Chambers USA, Antitrust, 2014-2017
Recommended in The Legal 500 U.S., 2013-2017
Recognized as a Washington D.C. Super Lawyer, 2012-2017
Recognized in Guide to World's Leading Competition and Antitrust Lawyers, 2012
Named one of the top "40 Under Forty" International Antitrust Attorneys by Global Competition Review, 2008
Named one of the top "40 Under Forty" in Washington D.C. area by Legal Times/National Law Journal, 2009
Publications, Speeches & Presentations
Energy Regulatory Update
Baker Botts, in partnership with Concurrences Journal, will be sponsoring a seminar on global antitrust hot topics on Thursday, 8 September in Brussels.