People

Thomas Carter Baker Botts Washington
Thomas E. Carter
Special Counsel

Overview

Tom Carter is Special Counsel in the firm's Antitrust and Competition Practice and has been recognized as "One to Watch" by Best Lawyers (Antitrust Law & Litigation) for 2025. He represents clients in high-stakes antitrust litigation, with a particular focus on defending major class actions, as well as in complex merger reviews before the DOJ and FTC. Drawing on his experience from both sides of the enforcement process, Mr. Carter advises clients on all aspects of U.S. antitrust law and has extensive experience in a variety of industries including consumer products, healthcare and insurance, software, telecommunications, electronic payment systems, transportation, and energy.

Prior to joining Baker Botts, Tom served as a Trial Attorney with the U.S. Department of Justice, Antitrust Division, where he was involved in all phases of both merger and conduct investigations. He was honored to receive the Assistant Attorney General's Award of Distinction two years in a row for his role in prosecuting two such cases up to and through trial. During law school, Tom also served as a legal intern for former FTC Commissioner Julie Brill.

A classically trained violist in his "previous life," Tom enjoys playing string quartets and serves on the board of a local nonprofit presenting chamber music performances in the Washington, D.C. area.

Admissions & Affiliations

  • District of Columbia Bar
  • New York State Bar

Education

  • J.D., New York University School of Law 2013
    Dwight D. Opperman Scholar
  • Master of Music, Viola Performance, University of Michigan 2009
  • Bachelor of Music, Music Theory, University of Michigan 2007

Experience

  • Represent American Industrial Partners and Pittsburgh Paints Co. in connection with the sale of PPC’s construction adhesive business line, including related litigation with FTC.
  • Represent Mathews Archery, Inc. in defending against nationwide multi-district class action litigation alleging a conspiracy under the Sherman Act and 34 state laws. In re Archery Prods. Antitrust Litig., No. 25-md-03160-PAB-TPO (D. Colo.).
  • Represent a leading manufacturer of construction and mining equipment on numerous matters, including regular antitrust counseling, acquisitions, and litigation.
  • Represent a major oilfield services company on numerous matters, including regulatory engagement and acquisitions.
  • Represented a major healthcare company in connection with the acquisition of a home health and hospice provider, including related litigation with DOJ.
  • Represented VSP in defending against Sherman Act monopolization claims brought by optometry provider group. Total Vision, LLC v. Vision Serv. Plan, No. 8:23-cv-01805-WLH-DFM (D.D. Cal.).
  • Represented a leading vaporizer device company in a patent infringement suit, defending against Sherman Act monopolization and state law antitrust counterclaims brought by a competitor.
  • Represented Caterpillar Inc. for post-trial briefing following a $100 million tortious interference verdict. The court granted Caterpillar's motion for judgment as a matter of law and vacated the entire damage award. Int’l Constr. Prods. LLC v. Caterpillar Inc., No. 15-108-RGA (D. Del. Mar. 31, 2025).
  • Represented Motorola in defending against Sherman Act monopolization counterclaims in patent infringement suit. The counterclaims were voluntarily dismissed with prejudice after filing of a motion to dismiss. STA Group LLC v. Motorola Sols., Inc., No. 2:23-cv-00030-JRG-RSP (E.D. Tex. June 21, 2024).
  • Represented National Oilwell Varco in its 2018 acquisition of Vallourec S.A.’s drilling products division. The DOJ cleared the transaction without conditions after a 2-month investigation.
  • Represented RealPage, Inc. in its 2017 acquisition of multifamily software assets from The Rainmaker Group. The DOJ cleared the transaction without conditions after issuance of a Second Request and an 8-month investigation.
  • Represented a major automotive parts company as part of an extensive internal investigation to identify and contain risk from potential anticompetitive conduct.

While at the Antitrust Division, Mr. Carter was involved in several investigation, litigation, and trial teams that:

  • Challenged Tribune Publishing’s attempted acquisition of Freedom Communications. The court granted a Temporary Restraining Order and Freedom was sold to a different buyer. United States v. Tribune Publishing Co., No. 2:16-cv-01822-AB-PJW (C.D. Cal. Mar. 18, 2016).
  • Challenged Electrolux’s proposed acquisition of General Electric Appliances.The parties abandoned the deal after four weeks of trial.
  • Challenged American Express’ merchant anti-steering rules under the Sherman Act.After a seven-week trial, the court issued an injunction barring enforcement of the rules. United States v. Am. Express Co., No. 1:10-cv-04496-NGG-RER (E.D.N.Y. Apr. 30, 2015).
  • Challenged the proposed merger of American Airlines and U.S. Airways.A few weeks before trial, the merging parties agreed to divest certain assets under a Consent Decree.
  • Examined proposed mergers and potentially anticompetitive conduct in a variety of industries.

Awards and Community

Antitrust Division Award of Distinction, 2014 & 2015

Recognized as "One to Watch" by Best Lawyers (Antitrust Law), 2025