Thomas A McGrath
Antitrust & Foreign Investment 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 is a highly-regarded international antitrust lawyer who leads our U.S. antitrust group. His practice focuses on gaining antitrust approval for clients’ multinational mergers, and he has acted for clients on some of their most complex and high-profile transactions. He often coordinates worldwide merger control reviews on multinational deals. He advises on all aspects of antitrust law, including intellectual property licensing, regulatory compliance and cooperation with competitors, and defends clients in criminal price-fixing investigations and private litigation. He regularly appears on behalf of clients before the U.S. DOJ and Federal Trade Commission.
Tom is co-head of our Global Healthcare Group. He has particular experience in healthcare and pharmaceutical mergers, and has a range of experience in other sectors, including chemicals, consumer products, engineered products, industrial gases, financial services, transportation, oil & gas and mining. He previously served as co-head of our Global Chemicals Group.
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
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)