Thomas A McGrath
U.S. Global Practice Head & Antitrust Partner, New York and Washington D.C.
My practice focuses on achieving antitrust approval for our clients’ most important cross-border M&A transactions, and I bring over 25 years’ experience across a diverse range of sectors to each client relationship. Our team offers creative strategies to realize our clients’ commercial priorities.
Tom’s practice focuses on achieving antitrust approval for clients’ most important and complex cross-border M&A transactions, using a pragmatic approach to realize their commercial objectives. Tom also leads the Global U.S. Practice.
Tom has over 25 years’ experience working with clients across a range of sectors, including life sciences, pharmaceuticals, consumer goods, chemicals, engineered products, industrial gases, financial services, transportation, oil & gas and mining. He has served as co-head of Linklaters’ Global Life Sciences Group and Global Chemicals Group.
Tom advises on all aspects of antitrust law, including intellectual property licensing, cooperation with competitors and compliance. He also defends clients in criminal price-fixing investigations and private litigation. Tom regularly appears before the U.S. Department of Justice and Federal Trade Commission on both merger control and litigation matters.
Highlights of Tom’s experience include advising:
- Linde: advising in relation to its US$90bn merger of equals with Praxair to create the largest industrial gas group in the world. We coordinated merger control filings in more than 20 jurisdictions worldwide, including in the U.S., EU and China.
- Novartis on its transformative transactions to acquire GlaxoSmithKline’s global oncology business and sell its global vaccines business, its acquisition of Spinifex Pharmaceuticals and its sale of assets to Questcor (Mallinckrodt)
- Siemens: advising on its acquisitions of Invensys Rail Business, wind turbine producer Gamesa, as well as the Rolls-Royce Energy aero-derivative gas turbine and compressor business.
- Takeda in relation to its US$62bn offer for Shire plc, the largest ever outbound M&A deal by a Japanese company
- Bayer AG on the US$7.6bn sale of its animal health business to Elanco Animal Health to create a leading global animal health company
- Nestle S.A. on the US$10bn sale of its Nestle Skin Health business
- Glencore on its US$29bn merger with Xstrata to create the world’s leading trading and mining company
- Deutsche Börse AG: advising on its terminated merger with the London Stock Exchange, having previously acted on its planned merger with NYSE Euronext.
- Major Japanese company: advising on its proposed joint venture acquisition of a high-performance chemical business in U.S. and global merger control proceedings.
- Air France KLM: advising on the defense of the air cargo cartel investigations and follow-on litigation.
Tom's published works include:
- Mega-mergers: key considerations to take to get your deal through with Fay Zhou and Nikolaos Peristerakis, CPI, Antitrust Chronicle, May 15, 2016
- A Global Perspective on Antitrust Regulation, Corporate Counsel, March 2, 2015, with Fay Zhou
- U.S. Merger Review Update, Merger Control Survey 2014 International Financial Law Review
- "4-3" Mergers and their Competitive Effects -- Do We Have a Better Understanding?, GCR Live Third Annual Antitrust Law Leaders Forum, February 2014 (moderator)
- GCR Live Foreign Investment Review: Getting the Deal Done in the Evolving Regulatory World, Global Competition Review, October 17, 2013
- “Setting Sail From the Safe Harbor – When an Analyst Call Triggers an Antitrust Probe,” Corporate Counsel, 2011 (co-author)