Arthur J. Burke

Partner

arthur.burke@davispolk.com

As a member of Davis Polk’s Litigation Department in New York and Menlo Park, California, Mr. Burke has represented clients in a variety of antitrust, securities, corporate governance and general litigation matters. In his antitrust practice, he advises clients on the competition law aspects of mergers and acquisitions and represents clients in investigations of mergers undertaken by federal antitrust authorities pursuant to the Hart-Scott-Rodino Act.

Contact

New York
450 Lexington Avenue
New York, NY 10017
P: 212-450-4352
F: 212-701-5352

Related Practices

Bar Admissions

State of New York
State of California
U.S. Court of Appeals, D.C. Circuit
U.S. Court of Appeals, Eighth Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, Eleventh Circuit
U.S. District Court, C.D. California
U.S. District Court, E.D. California
U.S. District Court, N.D. California
U.S. District Court, S.D. New York

Education

B.A., University of Pennsylvania, 1989
- magna cum laude
B.S., University of Pennsylvania, 1989
- magna cum laude
J.D., University of Michigan Law School, 1992
- magna cum laude
- Editor, Law Review

Work Highlights

Recent M&A-related Antitrust Representations

Comcast Corporation, the nation’s largest cable company, in DOJ and FCC investigations of its acquisition of a majority interest in NBCUniversal (2009-11); the transaction closed in January 2011
SDI Health, a leading provider of health care analytics and market insights, in an FTC investigation of its acquisition by IMC Health; the transaction closed in 2011 subsequent to the filing of an FTC consent decree
LoopNet, a leading online real estate market place, in an ongoing FTC investigation of its $860 million acquisition by CoStar
Equinix, a provider of global data center services, in a DOJ investigation of its proposed $689 million acquisition of Switch and Data (2009-10); the transaction closed in 2010
Citigroup in a joint venture transaction combining the retail brokerage businesses of Citigroup (Smith Barney) and Morgan Stanley (2008-09)
KLA-Tencor, a manufacturer of semiconductor test equipment, in DOJ investigations and related German Federal Cartel Office “Phase II” investigations of its proposed acquisitions of a number of companies, including August Technology, ADE Corp., Therma-Wave, ICOS, and Vistec; all transactions were approved without conditions (2005-08)
SLM Corp. (“Sallie Mae”), the largest student lender in the U.S., in a DOJ investigation of its $25 billion acquisition by a consortium of private equity and strategic buyers; the transaction was approved without conditions (2007)
McDATA Corporation, a manufacturer of switches and related equipment for storage area networks, in an FTC second request investigation of its $700 million acquisitions by Brocade; the FTC approved the deal without conditions (2006-07)
Comcast Corporation in DOJ and FTC second request investigations of a number of successful acquisitions, including its $18 billion joint acquisition (with Time Warner) of Adelphia Communications (2005-06) and its $52 billion acquisition of AT&T’s cable and broadband business (2001-02)
Argosy Gaming, a riverboat casino operator, in an FTC second request investigation of its $2.2 billion acquisition by Penn National Gaming; the transaction was approved with the divestiture of one casino (2005)

Mr. Burke has also provided antitrust advice in connection with the formation of joint ventures and standard-setting organizations and consortia.

Recent Litigation Representations

Bank of America in an ongoing MDL antitrust litigation alleging a conspiracy to manipulate LIBOR interest rates
Comcast in two 2009 trials before an FCC administrative law judge concerning “discrimination” claims brought by sports programming channels
Oracle Corporation in a 2007 lawsuit in Santa Clara Superior Court seeking to block its $500 million acquisition of Agile Software; the court denied the plaintiffs’ motion for a preliminary injunction and the case was dismissed with prejudice
Oracle Corporation in litigation arising out of its unsolicited tender offer for PeopleSoft, including a two-week trial in Delaware Chancery Court; Oracle acquired PeopleSoft in January 2005
Comcast in two separate federal antitrust suits brought in 2006 by purported “independent” cable programmers seeking to compel carriage by Comcast; the district courts in both cases dismissed the claims
Comcast in an ongoing antitrust suit in Los Angeles federal court challenging the alleged practice of selling cable channels in “bundled tiers”
Quality Systems, Inc. in a suit brought in Orange County Superior Court by a dissident shareholder challenging the results of a contested board election; the Court ruled for Quality Systems after a bench trial (2005)
Numerous companies, including AMI Semiconductor, Photon Dynamics, VF Corporation and TheraSense in suits seeking to block merger agreements to which they were parties; all transactions closed successfully
Various companies and individuals in criminal grand jury investigations and private civil antitrust litigations alleging price-fixing conspiracies among competitors

Recognition

Mr. Burke is listed as a leading lawyer in several legal industry publications, including:
- Chambers USA: America’s Leading Lawyers for Business (Antitrust)
- Practical Law Company’s Which Lawyer? and Cross-border Competition Handbook
- Legal Media Group’s Benchmark Litigation and Expert Guide to the World’s Leading Competition & Antitrust Lawyers
- Law Business Research’s Who’s Who Legal–California (Competition) and Who’s Who Legal–International Who’s Who of Competition Lawyers and Economists
- The Legal 500 U.S.
Mr. Burke is a member of Davis Polk’s Antitrust Group, which was named a “Competition Group of the Year” by Law360.

Of Note

Speaker at numerous antitrust seminars and conferences

Current Memberships

Member, Section of Antitrust Law, American Bar Association
Co-Chair, Antitrust Section’s Intellectual Property Committee, American Bar Association

Past Membership

Member, Antitrust Committee and Mergers Subcommittee, New York City Bar, 2001-2003

Professional History

Partner, 2000-present
Associate, 1993-2000

Law Clerk, Hon. Douglas H. Ginsburg, U.S. Court of Appeals, D.C. Circuit 1992-1993

News

Davis Polk Advises TE Connectivity on the Completed Acquisition of Deutsch Group

Davis Polk Advises TE Connectivity on the Sale of its Touch Solutions Business

Davis Polk Advises TE Connectivity on Its Exclusive Negotiations to Acquire Deutsch Group

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Client Publications

Chinese Antitrust Authorities Approve Western Digital/Hitachi GST Deal with Significant Conditions
Client Memorandum

China Antitrust Review 2011
Client Memorandum

Revised Jurisdictional Thresholds Under the HSR Act and For the Prohibition of Interlocking Directorates
Client Memorandum

View More > >

Events

Davis Polk Lawyers to Speak at ABA Section of Antitrust Law Spring Meeting

Arthur Burke to Participate in ABA Webcast on Comcast/NBC Universal Consent Order

Christopher Hockett and Arthur Burke to Participate in ABA Antitrust IP Conference

View More > >

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Practices ALL PRACTICES Antitrust and Competition -- Litigation Antitrust and Competition -- Transactional Asia Practice Bankruptcy Litigation Board of Directors Litigation and Strategic Counseling Capital Markets China Practice Commercial Dispute and Contract Compliance and Advisory Compliance and Advisory Consumer Class Action Consumer Products Corporate Corporate Governance Credit Derivatives and Structured Products Energy/Utilities Environmental Europe Practice Executive Compensation and Employee Benefits Financial Crisis and Subprime Lending Financial Institutions Foreign Corrupt Practices Act Health Care Health Care/Life Sciences Hedge Funds India Practice Insolvency and Restructuring Intellectual Property Intellectual Property Litigation Internal Investigations International International and Domestic Arbitration International Litigation and Enforcement Investment Funds Litigation and Investigations Investment Management Japan Practice Leveraged Finance Litigation M&A-Related Litigation Mass Torts and Product Liability Media and Telecom Mergers and Acquisitions Private Equity Professional Liability Project Finance Real Estate Securities Class Actions Securities Enforcement Spain and Latin America Practice Tax Tax Controversy Technology Trading and Markets Trusts and Estates White Collar Criminal Defense
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Rotman School of Management University of Utah S.J. Quinney College of Law University of Virginia University of Virginia School of Law University of Warsaw, Faculty of Law and Administration University of Washington School of Law (Seattle) University of Western Australia University of Western Australia, Faculty of Law University of Western Ontario University of Wisconsin Law School Univerzita Karlova v Praze Vanderbilt University Law School Wake Forest University School of Law Washington & Lee University School of Law Washington University in St. Louis Washington University in St. Louis School of Law Wayne State University Law School Yale Law School Yale University
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