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Arthur J. Burke
Partner

As a partner in 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 also advises clients on the competition law aspects of mergers and acquisitions.

Work Highlights

Recent M&A-Related Antitrust Representations
  • NBCUniversal in its $3.8 billion acquisition of DreamWorks Animation; the transaction closed in 2016

  • ARM Holdings plc, a semiconductor and software design company, in its $38 billion acquisition by SoftBank Group Corp.; the transaction closed in 2016

  • Chemtura in its pending $2.7 billion acquisition by Lanxess

  • Affymetrix, a provider of life science products and molecular diagnostic products, in its $1.3 billion acquisition by Thermo Fisher Scientific; the transaction closed in 2016

  • Comcast, the nation’s largest cable company, in a DOJ investigation of its $3.6 billion spectrum sale to and commercial agreements with Verizon Wireless; the transaction closed in August 2012
  • Comcast in DOJ and FCC investigations of its acquisition of a majority interest in NBCUniversal (2009-11); the transaction closed in January 2011
  • TE Connectivity in connection with investigations of its acquisitions of Creganna (2016), Deutsch Group SAS (2012) and ADC Telecommunications (2010) and its divestiture of its M/A-COM business (2007); also coordinated international merger approvals; all deals closed without conditions
  • Blackbaud, an application software company, in a DOJ investigation of its acquisition of Convio; the transaction closed in 2012
  • SDI Health, a leading provider of health care analytics and market insights, in an FTC investigation of its acquisition by IMS Health; the transaction closed in 2011 pursuant to an FTC consent decree
  • LoopNet, a leading online real estate market place, in an FTC investigation of its $860 million acquisition by CoStar; the transaction closed in 2012 pursuant to an FTC consent decree
  • 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
  • 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)
  • 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)

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

Recent Litigation Representations
  • A major financial institution in an ongoing antitrust litigation alleging a conspiracy to manipulate the ISDAfix benchmark rate
  • A major financial institution in an ongoing antitrust litigation alleging a conspiracy to manipulate foreign exchange rates
  • A major financial institution in an ongoing MDL antitrust litigation alleging a conspiracy to manipulate LIBOR interest rates and a separate MDL alleging a conspiracy relating to credit default swaps
  • A major financial institution in an ongoing antitrust litigation alleging a conspiracy to block the exchange trading of interest rate swaps

  • Comcast and NBCUniversal in a suit challenging NBC’s decision not to renew its affiliation agreement with a local broadcaster in Boston; the complaint was dismissed in 2016

  • Comcast in two lawsuits challenging certain geographic territory rules of the National Hockey League and Major League baseball (both of which are co-defendants); the lawsuits settled on favorable terms in 2015 and 2016
  • 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 an antitrust suit in Los Angeles federal court challenging the alleged practice of selling cable channels in “bundled tiers”; the Ninth Circuit affirmed the dismissal of the case in 2012 
  • Various companies and individuals in non-public criminal grand jury investigations of alleging price-fixing conspiracies among competitors

Recognition

Mr. Burke is listed as a leading lawyer for Antitrust and Competition in numerous legal industry publications, including:

  • Chambers Global
  • Chambers USA
  • The Legal 500 U.S.
  • Benchmark Litigation 

  • Expert Guide
  • Who’s Who Legal–International 
  • U.S. News – Best Lawyers
  • Law360 – “Competition MVP of the Year,” 2013

Mr. Burke is a member of Davis Polk’s Antitrust Group, which was named:

  • Law360 – “Competition Group of the Year,” 2012, 2014, 2015 and 2016
  • U.S. News - Best Lawyers Best Law Firms – “Law Firm of the Year,” 2013

Of Note

  • Speaker at numerous antitrust seminars and conferences
Current Memberships
  • Council Member, Section of Antitrust Law, American Bar Association
PAST MEMBERSHIP
  • Chair, Media & Technology Committee, Section of Antitrust Law, American Bar Association
  • Co-Chair, Antitrust Section’s Intellectual Property Committee, American Bar Association, 2009-2012 
  • 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

Contact

  • 450 Lexington Avenue
    New York, NY
    10017
    P: +1 212 450 4352
    F: +1 212 701 5352
  • 1600 El Camino Real
    Menlo Park, CA94025
    P: +1 650 752 2005
    F: +1 650 752 2111

Bar Admissions

  • State of New York
  • State of California
  • U.S. Court of Appeals, D.C. Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Ninth 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
  • J.D., University of Michigan Law School, 1992
    • magna cum laude
    • Editor, Law Review