Michael Bodosky is counsel in the Washington, D.C. office of Baker Botts. His practice primarily focuses on antitrust and competition law and litigation. He advises on all aspects of antitrust law including premerger notification, mergers and acquisitions, joint ventures, horizontal and vertical restraints of trade, monopolization and exemptions and immunities to the federal antitrust laws.
Mr. Bodosky has represented numerous clients before the U.S. Department of Justice and the Federal Trade Commission. He regularly counsels clients on the competitive implications of mergers and acquisitions, strategies for obtaining regulatory clearance and premerger notification under the Hart-Scott-Rodino Act. Mr. Bodosky has extensive experience representing clients in “Second Request” investigations conducted by the Department of Justice and the Federal Trade Commission. He has audited client business practices and has advised on compliance issues concerning price-fixing, bid-rigging, joint purchasing agreements and predatory pricing.
Mr. Bodosky has provided arbitrage advice to hedge fund managers interested in the likely outcome of federal investigations in numerous industries including oil and gas exploration and production, specialty metals, liquefied gas, electrical devices and distilled liquors. Mr. Bodosky’s antitrust experience covers a wide range of industries, including private equity, energy, oil and gas, specialty chemicals, electricity, pharmaceuticals, medical devices, telecommunications, broadband and satellite communications, computer software and hardware, internet publishing and broadcasting, steel and specialty metals, financial/brokerage services, national defense, healthcare services, electrical devices, industrial equipment, newsprint, paper and food products.
Previously, Mr. Bodosky worked for the U.S. Department of Justice Antitrust Division as an Honors Attorney in the Merger Task Force, Litigation I and Litigation II Sections where he gained significant experience in all phases of government merger investigations including merger/acquisition review, civil enforcement actions (civil investigative demands/second requests) and investigative process and procedure. After the Antitrust Division, Mr. Bodosky worked for a leading international law firm advising clients on all aspects of antitrust and competition law.
Mr. Bodosky is a contributing author/editor of ABA Antitrust Law Developments and the upcoming ABA Premerger Notification Practice Manual, Fifth Edition. He has published commentary on antitrust and competition issues including: Antitrust Modernization Commission Recommendations (ABA Immunities and Exemptions Committee), U.S. Antitrust Review of Partial Acquisitions, Coordinated Effects in U.S. Merger Review, Judicial opinions concerning Post-Merger Coordinated Interaction, HSR Guidelines for Corporate Counsel, the FTC Merger Review Process as well as International Competition Reform.
U.S. Department of Justice Antitrust Division
- United States v. General Dynamics Corp. and Newport News Shipbuilding Inc., Civil No: 1:01CV02200 (D.D.C., filed Oct. 23, 2001)
- United States v. UPM-Kymmene Oyj and Bemis Company, Inc., Civil No. 03C 2528, 2003-2 Trade Cas. (CCH)74,101 (N.D. Ill. 2003)
- United States v. Premdor Inc., International Paper Company, and Masonite Corporation, Civil No.: 01-01696, (D.D.C. filed Aug. 3, 2001), 66 Fed. Reg. 45,326 (Aug. 28, 2001), 2002-2 Trade Cas. (CCH) 73,737
- United States v. Central Parking Corporation and Allright Holdings, Inc., Civil No. CIV-99- 00652, (D.D.C., filed Mar. 16, 1999), 64 Fed. Reg. 15,795 (Apr. 1, 1999), 2000-1 Trade Cas. (CCH) 72,809
- Fresenius AG in its US$3.5 billion three-to-two acquisition of Renal Care Group, Inc. to become the leading U.S. dialysis service provider
- Bowater Incorporated in its US$8 billion consolidation with Abitibi-Consolidated Inc. to form AbitibiBowater, the largest North American newsprint manufacturer
- Yahoo! Inc. in its US$225 million sale of HotJobs.com Ltd. to rival electronic job-board provider Monster Worldwide, Inc.
- A consortium of investors led by Macquarie Bank Limited in its US$7.4 billion acquisition of the electric energy and natural gas utility Puget Energy, Inc. and its affiliate Puget Sound Energy
- Crompton Corporation in its US$1.8 billion acquisition of Great Lakes Chemical Corporation to form Chemtura Corporation, the third-largest publicly traded U.S. specialty chemicals manufacturer
- Eli Lilly and Company in its US$6.5 billion acquisition of Imclone Systems Incorporated
- Natural gas utility Nicor Gas in its proposed US$2.4 billion sale to AGL Resources Inc.
- Booz Allen Hamilton Inc. in its US$2.54 billion sale of its government-consulting business to The Carlyle Group
- BellSouth Corporation in its US$5.85 billion sale of wireless assets in ten Latin American countries to Telefonica, S.A.
- Dofasco Inc. in its US$5.6 billion merger with leading North American integrated steel manufacturer Arcelor S.A.
- Hubbell Incorporated in its US$360 million acquisition of FCI Americas, Inc. d/b/a/ Burndy from private equity firm Bain Capital LLC
- Covanta Holding Corporation in its US$450 million acquisition of certain waste-to-energy generating plants from Veolia Environnment S.A.
- Cargill, Incorporated in its US$4.5 billion joint venture with IMC Global to form leading fertilizer company the Mosaic Company
- Cogentrix Energy, LLC in its sale of its Ouachita Power electrical generation plant to Entergy Corporation
- Agensys, Inc. in its US$537 million sale to Astellas Pharma, Inc.
- Energy Capital Partners in its sale of FirstLight Power Enterprises, Inc. to GDF SUEZ
- Integrated Device Technology, Inc. in its sale of its network search engines business to NetLogic Microsystems, Inc.
- Satyam Computer Services Limited in its US$550 million sale of a controlling interest to Mahindra & Mahindra Limited
Baker Botts Antitrust Update