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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.

Overview

Professional experience

Education

Published works

Overview

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.

Work highlights

Highlights of Tom’s experience include advising:

  • Linde AG on its US$73bn global merger of equals with Praxair Inc.
  • 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)
  • 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
  • Siemens on the merger of its wind power business with that of Gamesa, and on its acquisitions of the Rolls-Royce Energy aero-derivative gas turbine business and the Invensys rail business
  • Glencore on its US$29bn merger with Xstrata to create the world’s leading trading and mining company
  • Deutsche Börse AG on its terminated merger with London Stock Exchange Group plc, having previously acted on its planned merger with NYSE Euronext
  • a major Japanese company on its proposed joint venture acquisition of a high-performance chemical business in U.S. and global merger control proceedings
  • an international investment bank on a series of M&A deal-contingent hedge transactions
  • Air France KLM as lead counsel in the air cargo cartel investigations and follow-on multidistrict class action cases

Professional experience

Tom is a member of the Antitrust Section of the American Bar Association and is recognised in Chambers USA and Legal 500 U.S. He currently serves as a member of Linklaters’ Partnership Board.

Education

Tom holds a Juris Doctor from Fordham University School of Law, where he was also Managing Editor of the Fordham Law Review. He obtained his Bachelor of Arts in Economics from the College of the Holy Cross.

Published works

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)