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Janet L. McDavid
Partner, Washington, D.C.
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janet.mcdavid@hoganlovells.com

Janet McDavid focuses on antitrust, competition, and trade regulation, with a particular emphasis on government investigations, litigation, and antitrust policy issues. She is a Past Chair of the ABA Antitrust Section, a Vice-Chair of the IBA Antitrust Committee, and provided antitrust transition advice to the Obama, Bush, and Clinton Administrations.

Jan has been profiled in numerous international surveys and rankings and is widely recognized as a leading authority in antitrust law. Most recently, she was named as "one of the finest antitrust lawyers around" and lauded for her "... very good judgment and practical advice" by Who's Who Legal. Other industry authorities, such as Chambers USA, have noted client praise for her strong ties to the government: "In terms of working with the agencies, she is terrific." Clients say Jan is "very strong," "understands how business people operate," and "is someone you go to for help with a life or death situation." She is further described as "the cream of the crop" with "one of the best reputations at the antitrust bar." Jan is also a frequent speaker on antitrust issues around the globe.

Jan is the author and co-author of many books and articles involving antitrust law, including the Antitrust Evidence Handbook, Mergers & Acquisitions and Antitrust & Trade Associations Practice Guide, both published by the ABA Antitrust Section; Antitrust Law: New Merger Guidelines Emphasize Flexibility; Revised Merger Remedies Guide Reflects DOJ Practice; Proposed Reform of the EU Merger Regulation: A U.S. Perspective; Merger Review Processes in the United States and the European Union: A Comparison; How to Avoid Negotiations on Second Requests; Globalization and the EU; Globalization of Premerger Notification and Review: Practical Problems and Solutions; Antitrust Law: Intersection with IP; Antitrust and IP: Joint Agency Hearings; The Defense of Mergers in the Defense Industry; Antitrust Issues in Health Care Reform; and The 1992 Horizontal Merger Guidelines: A Practitioner's View of Key Issues in Defending a Merger.

REPRESENTATIVE EXPERIENCE
  • Counsel to IBM in its successful defense of the Justice Department's investigation into its mainframe business and technology industry recruitment practices.
  • Counsel to Verizon in its acquisition of Terremark.
  • Counsel to Genzyme in its transaction with Bayer involving Campath.
  • Counsel to McCormick Foods in its acquisition of Lawrys.
  • Counsel to Mandalay Resort Group in its merger with MGM Mirage.
  • Counsel to Carnival in its merger with P&O Princess.
  • Counsel to Mobil Corporation in its merger with Exxon.
  • Counsel to DaimlerChrysler, Ford, and General Motors in the formation and operation of multiple joint ventures.
  • Counsel to American Express in the U.S. Department of Justice investigation of Visa and MasterCard.
  • Counsel to EMI in the Justice Department investigation of online music.
  • Counsel to General Dynamics in multiple defense industry transactions.
  • Counsel to British Telecommunications plc in transactions with MCI.


Hogan Lovells Publications
17 February 2012 "A new critical path for utility mergers: FERC declines to adopt DOJ/FTC framework for merger and market-based rates analysis." Energy Alert, Hogan Lovells

04 January 2012 "A continued role for market definition in merger cases." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

28 July 2011 "U.S. and Chinese antitrust agencies sign memorandum of understanding to enhance cooperation." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

30 June 2011 "DOJ revises policy guide to merger remedies to show Antitrust Division's actual practice." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

01 February 2011 "EU horizontal cooperation guidelines take effect." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

20 December 2010 "Order enforcing criminal subpoenas for foreign-originating evidence possessed by U.S. counsel may have far-reaching implications.", Hogan Lovells

Published Works
13 January 2012 "The Role of Market Definition in Merger Cases." Competition Law360, Portfolio Media, Inc.

08 August 2011 "Revised merger remedies guide reflects DOJ practice." The National Law Journal, ALM Properties, Inc.

2008 "Business Justification Defense." Issues in Competition Law and Policy, ABA Section of Antitrust Law

27 July 2010 "Corporate striptease - Merging businesses often end up doing a dance of the seven veils." Competition Law Insight

2008 "The Intellectual Property-Antitrust Law Interface: Patents and Tying Arrangements." Issues in Competition Law and Policy, ABA Section of Antitrust Law

PRACTICES
Antitrust, Competition and Economic Regulation
Mergers and Acquisitions
INDUSTRY SECTORS
Aerospace, Defense, and Government Services
Technology, Media and Telecoms
Energy and Natural Resources
Financial Institutions
Life Sciences and Healthcare
Transportation
AREAS OF FOCUS
  • Merger Investigations
  • Government Investigations
  • Joint Ventures
  • Antitrust Litigation
EDUCATION
J.D., Georgetown University Law Center, 1974 B.A., Northwestern University, 1971
MEMBERSHIPS
  • Vice-Chair, IBA Antitrust Committee, 2012 - 2014
  • Obama Administration Advisory Committee to the Federal Trade Commission Transition Team, 2009
  • Bush Administration Advisory Committee to Federal Trade Commission Transition Team, 2001
  • Publications Officer, IBA Antitrust Committee, 2010 - 2012
  • Advisory Board Member, Competition Law360
  • Non-Governmental Advisor, International Competition Network
  • Chair, ABA Section of Antitrust Law, 1999 - 2000
  • Department of Defense Task Force on Vertical Integration and Supplier Decisions, 1996 - 1997
  • Department of Defense Task Force on Antitrust Aspects of Defense Industry Consolidations, 1993 - 1994
  • Clinton Administration Federal Trade Commission Transition Team, 1992
  • Outside General Counsel, Family Matters of Washington, D.C., 1977 - Present
  • Member, Antitrust Council, U.S. Chamber of Commerce
  • Associate Editor, Georgetown Law Journal
  • District of Columbia Bar
  • Washington Council of Lawyers
AWARDS / RANKINGS
  • Law360, Most Admired Attorneys, 2010
  • Legal 500 US, Antitrust, 2008-2011
  • Guide to World's Leading Women in Business Law, Legal Media Group, 2010
  • The Best of the Best, Competition and Antitrust Section, Euromoney Legal Media Group, 2000, 2002, 2004, 2006, 2008, 2010 
  • Who's Who Legal: The International Who's Who of Business Lawyers, Competition Section, 1997-2011
  • Chambers Global, USA - Competition and Antitrust, 2000-2012
  • Chambers USA, Competition and Antitrust, 2003-2011
  • Guide to the World's Leading Competition and Antitrust Lawyers, Legal Media Group, 1995-2011  
  • Washington, D.C. Super Lawyers, Antitrust Litigation, 2007-2011
  • Washington, D.C. Super Lawyers, Top 50 Women, 2009-2011 
  • Washingtonian Magazine, Best Lawyers, Antitrust, 2011
  • Washingtonian Magazine, Top Lawyers, Antitrust, 2009 
  • Legal Times, 12 Leading Antitrust Lawyers, 2005
BAR ADMISSIONS / QUALIFICATIONS District of Columbia
COURT ADMISSIONS U.S. Supreme Court U.S. Court of Appeals, District of Columbia Circuit U.S. Court of Appeals, Federal Circuit U.S. Court of Appeals, Fifth Circuit U.S. Court of Appeals, Sixth Circuit U.S. Court of Appeals, Ninth Circuit U.S. District Court, District of Columbia