Kevin J. Arquit, Co-Chair of Kasowitz’s Antitrust Group, is regularly recognized as one of the world’s top antitrust attorneys. He is described as “one of the great antitrust lawyers in the country” and “a true leader of the Bar” by Chambers.
Kevin has secured approvals for some of the largest and most complex mergers over the past 25 years, and represented clients in high-profile antitrust litigation before the Federal Trade Commission (FTC), the Antitrust Division of the Department of Justice (DOJ), as well as numerous state and international competition authorities. He also provides a wide variety of companies with ongoing antitrust counseling.
Prior to joining private practice, Kevin held prominent roles at the FTC, including General Counsel, followed by Director of the FTC’s Bureau of Competition.
Kevin has been consistently ranked by Chambers USA and Chambers Global as a leading lawyer in his field. Chambers notes that “he is one of the leading transaction antitrust attorneys in the country” and a “first-rate antitrust litigator” who is “right at the top of the market.” Clients and peers comment that they “really like working with him” and consider him to be an “impressive person” with “a phenomenal reputation” and “good instincts” and note “He’s a great tactician. The agencies like him and the clients love him.” The Legal 500 has named him a leading practitioner in his field for more than 10 years. Benchmark Litigation has consistently recognized him as a “Litigation Star” both nationally and in New York. Euromoney Legal Media Group's Expert Guides has also named Kevin an Expert in Competition and Antitrust.
Law360 named him on its list of the “10 Most Admired Competition Attorneys” and in 2015, he was one of 50 lawyers named to the “Lawdragon 500: The Legends” list for being recognized on the Lawdragon 500 Leading Lawyers in America list for 10 consecutive years (2005-2015). Lawdragon wrote that Kevin is “one of the most accomplished antitrust lawyers ever and a model for public service and professionalism.” In March 2010, National Law Journal selected him as one of the “Decade’s Most Influential Lawyers,” one of only 40 selected. Best Lawyers selected Kevin as the “Lawyer of the Year” in 2019 for New York Litigation - Antitrust and in 2017 for New York Antitrust Law. Global Competition Review’s Who’s Who Legal recognized him as a top-ranked lawyer as well as a “Thought Leader” in the Competition area from 2017-2019. In 2012, and previously in 2008, he was named on The BTI “Client Service All-Star Team for Law Firms.” He received the inaugural award for “The Chambers Shield of Excellence for Antitrust” in 2006 and similarly the “Global Competition Lawyer of the Year” by The International Who's Who of Business Lawyers.
Kevin serves on the Board of the United States Ski and Snowboard Foundation (U.S. Ski Team), the Board of USA Nordic (responsible for developing in the U.S., the Nordic disciplines of ski jumping and Nordic Combined) and the Adirondack Land Trust.
- Pilgrim's Pride, one of nation’s largest chicken producers, in resolving criminal claims relating to the U.S. Department of Justice Antitrust Division’s high-profile investigation into alleged price fixing in the poultry industry.
- Teva Pharmaceuticals, the world’s largest generic drug manufacturer (headquartered in Israel), and its US subsidiary Actavis, in defense of antitrust actions commenced by the State Attorneys General for 48 states, 28 civil antitrust class actions and three direct actions.
Merger Review and Enforcement
- Served as arbitrator in the nation’s first ever arbitration of a merger challenge in an antitrust case. The DOJ exercised its authority for the first time under the Administrative Dispute Resolution Act of 1996 to allow an arbitrator to determine whether aluminum sheets constituted a product market in the antitrust dispute arising from the proposed merger of Novelis, an industrial aluminum producer, and Aleris, an aluminum rolled products producer. Both Novelis and Aleris agreed to Mr. Arquit’s appointment as arbitrator and that his decision would be final, not subject to appeal. After a 10-day proceeding, Mr. Arquit concluded this precedent-setting procedure.
Prior to joining Kasowitz:
- Pilgrim’s Pride in a class action alleging the major chicken producers reduced output to raise the price of broiler chickens and in a related litigation alleges the producers conspired to divide markets upstream, so as to artificially lower the price paid to growers.
- A group of insurance carriers in class action litigation brought by Boies Schiller and Hausfeld alleging the various Blue Cross/Blue Shield entities and their Association illegally divided the market among themselves, resulting in higher premiums and in a related case, brought by providers, alleges that collusion among the Blues resulted in artificially low levels of reimbursement to providers.
- Priceline.com and Booking.com in obtaining the dismissal of all claims in an antitrust class action involving the online travel industry.
- Equitas in obtaining the dismissal of a long-running suit relating to the Donnelly Act.
- Fidelity National Financial and its family of title insurance operating companies in connection with multibillion-dollar antitrust claims.
- MasterCard in two related actions brought by American Express and Discover.
- Weyerhaeuser in a series of monopolization cases concerning its purchases of logs in the Pacific Northwest, which culminated in February 2007 with the U.S. Supreme Court vacating the original jury verdict in a unanimous decision that established the standard for evaluating the legality of a predatory buying claim.
- Chevron USA in a number of FTC investigations into gas and oil pricing in various regions of the United States.
Merger Review and Enforcement
- Koninklijke Ahold N.V. in FTC review of its $29 billion merger of equals with Delhaize Group.
- Holcim in connection with the U.S. antitrust review of its $50 billion merger with Lafarge.
- Lorillard in FTC review and clearance of its $27.4 billion sale to Reynolds American.
- DirecTV in DOJ review and clearance of its $48.5 billion sale to AT&T.
- Office Depot in obtaining clearance from the FTC in its $1.2 billion merger with OfficeMax.
- Virgin Atlantic Airways in obtaining regulatory clearance for its $360 million partial acquisition by Delta Air Lines.
- CoStar in complex merger clearance proceedings before the TC relating to CoStar’s approximate $860 million acquisition of LoopNet.
- Tops Markets in its bankruptcy acquisition of the Penn Traffic Company’s supermarket assets.
- Sirius Satellite Radio in antitrust aspects of its $13 billion merger of equals with XM Radio.
- Adidas-Salomon AG in connection with its $3.8 billion acquisition of Reebok International.
- PanAmSat in its $3.2 billion merger with IntelSat.