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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, all published by the ABA Antitrust Section; Revised Merger Remedies Guide Reflects DOJ Practice; Changes in E.U. Merger Rules Could Be Huge; Antitrust Developments To Expect In Obama’s 2nd Term; Antitrust Law:  Court to tackle ‘state action’ for first time in 20 years; Proposed Reform of the EU Merger Regulation: A U.S. Perspective; Merger Review Processes in the United States and the European Union: A Comparison; EU Horizontal Cooperation Guidelines Take Effect; New Merger Guidelines Emphasize Flexibility; 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.

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
14 July 2014 "New Mexican Competition Law." Antitrust, Competition and Economic Regulation Alert

22 April 2014 "DOJ and FTC Clarify Antitrust Implications of Cybersecurity Information Sharing." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

09 November 2012 "Likely antitrust enforcement during President Obama’s second term." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

24 October 2012 "Court to tackle "state action" for the first time in 20 years." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

01 October 2012 "FTC / DOJ workshop focuses on antitrust analysis of most-favored-nation clauses." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

09 July 2012 "Seventh Circuit paves way for increased application of U.S. antitrust laws to foreign conduct." Antitrust, Competition, and Economic Regulation Alert, Hogan Lovells

19 June 2012 "Third Circuit rules in favor of FTC view on pharmaceutical patent settlements: next stop, Supreme Court?" Antitrust, Competition, and Economic Regulation Alert, Hogan Lovells

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

20 April 2010 "New Merger Guidelines Emphasize Flexibility." Antitrust Update, Hogan & Hartson LLP

24 February 2010 "Ruling in NFL case could apply beyond sports." Antitrust Update, Hogan & Hartson LLP

27 May 2009 "Criminal Antitrust Enforcement in a Down Economy." Antitrust Update, Hogan & Hartson LLP

23 March 2009 "China's Anti-Monopoly Law." Antitrust Update, Hogan & Hartson LLP

15 December 2008 "Antitrust Enforcement in the Obama Administration." Antitrust Update, Hogan & Hartson LLP

22 August 2008 "Courts in U.S. and EU Uphold Antitrust Agency Merger Appeals." Antitrust Update, Hogan & Hartson LLP

25 March 2008 "Antitrust & Pharmaceuticals: U.S. and EU Authorities Focus Attention on Competition in Pharmaceutical Industry." Pharmaceutical and Biotechnology Update, Hogan & Hartson LLP

25 March 2008 "Antitrust & Pharmaceuticals: U.S. and EU Authorities Focus Attention on Competition in Pharmaceutical Industry." Antitrust Update, Hogan & Hartson LLP

14 March 2008 "State Council Develops an Internal Draft Regarding Pre-Concentration Filings Under the New Chinese Anti-Monopoly Law." Antitrust Update, Hogan & Hartson LLP

01 January 2007 "European Commission Adopts New Guidelines on Defense Contracts." Government Contracts Update, Hogan & Hartson LLP

01 January 2007 "European Commission Adopts New Guidelines on Defense Contracts." Antitrust Update, Hogan & Hartson LLP

06 December 2005 "Dual Developments in Cartel Enforcement." Antitrust Update, Hogan & Hartson LLP

01 August 2005 "Antitrust Law: 'Independent Ink'." Antitrust Update, Hogan & Hartson LLP

11 May 2005 "Sentencing Commission Increases Antitrust Penalties." Antitrust Update, Hogan & Hartson LLP

04 June 2004 "Congress Completes Action on Important Changes to U.S. Antitrust Laws." Antitrust Update, Hogan & Hartson LLP

30 April 2004 "Amendments to Sentencing Guidelines Highlight Need to Update Compliance Programs." Compliance Update, Hogan & Hartson LLP

04 February 2004 "Trinko: Supreme Court Changes the Landscape for Section 2 Liability." Antitrust Update, Hogan & Hartson LLP

01 December 2002 "FTC Announces Changes to Merger Review Process." Antitrust Update, Hogan & Hartson LLP

Published Works
03 September 2014 "The Practice: Shortcomings of DOJ’s Antitrust Requirements." The National Law Journal, co-author

10 March 2014 "Complexities of E.U.'s 'Simpler' Merger Controls." The National Law Journal, ALM Properties, Inc.

February 2014 "Too Much of a Good Thing?: Is Heavy Reliance on Leniency Eroding Cartel Enforcement in the United States?" CPI Antitrust Chronicle

20 January 2014 "China's Antitrust Enforcement Gets Aggressive." American Lawyer

26 August 2013 "Changes in E.U. Merger Rules Could Be Huge."

01 November 2012 "FTC-DOJ workshop focuses on antitrust analysis of most-favoured-nation clauses." International Law Office, Globe Business Publishing Ltd

28 May 2012 "Proposed reform of U.K. competition law a mixed bag." The National Law Journal, ALM Media Properties, LLC

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

April 2010 "Antitrust Issues Involving Acquisitions of Financially Distressed Companies." Competition Law International, Vol. 6, No. 1, 18, International Bar Association

26 April 2010 "Antitrust Law: New Merger Guidelines Emphasize Flexibility." National Law Journal, ALM

15 February 2010 "Antitrust Law: Ruling in NFL Case Could Apply Beyond Sports." National Law Journal, ALM

23 March 2009 "Antitrust Law: China’s Anti-Monopoly Law." National Law Journal, ALM

22 December 2008 "Antitrust Law: The New Administration." National Law Journal, ALM

09 September 2008 "EU-US Judicial Reviews of Mergers." CLi inBrief Report, Informa

25 August 2008 "Antitrust Law: Reversals in U.S., Europe." National Law Journal, ALM

23 June 2008 "Antitrust Law: Damages Cases in Europe." The National Law Journal, ALM

24 March 2008 "Antitrust Law: Pharmaceutical Industry." The National Law Journal, ALM

15 October 2007 "China's Anti-Monopoly Law." The National Law Journal, ALM

17 September 2007 "E.U. Merger Initiatives." The National Law Journal, ALM

30 July 2007 "Bell Atlantic v. Twombly." The National Law Journal, ALM

18 June 2007 "E.U. Targets Cartels." The National Law Journal, ALM

01 April 2007 "Should Leegin Finally Bury Old Man Miles?" Antitrust, Vol. 21, No. 2, Spring 2007, The American Bar Association

14 March 2006 "Merger Process Reforms." The National Law Journal

13 February 2006 "AMC Tackles Tough Issues." The National Law Journal

31 October 2005 "Merger Reviews in the U.S. and the E.U.: A Comparative Overview." The Antitrust Review of the Americas 2006, Global Competition Review

25 April 2005 "E.U. Private Actions." The National Law Journal

17 January 2005 "Merger Remedies." The National Law Journal

01 November 2004 "Antitrust Law: "Arch" and "Oracle" Cases." The National Law Journal

01 October 2004 "Dos and Don'ts of Navigating Antitrust Merger Investigations." The Antitrust Review of the Americas, Global Competition Review

14 July 2004 "The Empagran Decision." The National Law Journal, American Lawyer Media

15 December 2003 "What Giants Can Do: Verizon v. Trinko may set rules for the business conduct of monopolists." Legal Times, American Lawyer Media

08 December 2003 "Patents and Antitrust: The FTC's Recent Report." The National Law Journal., American Lawyer Media

01 November 2003 "Multinational Merger Review." Global Competition Review

22 September 2003 "Antitrust Law: Sports League Rules." The National Law Journal., American Lawyer Media

07 July 2003 "Antitrust Law: Premerger Divestiture." The National Law Journal, American Lawyer Media

03 February 2003 "Health Care Antitrust Enforcement." The National Law Journal, American Lawyer Media

30 September 2002 "Antitrust and IP: Joint Agency Hearings." The National Law Journal, American Lawyer Media

03 June 2002 "EU Merger Regulation." The National Law Journal, American Lawyer Media

18 April 2002 "Global Convergence in Merger Review Promoted." International Law Office

07 January 2002 "Antitrust Law: New EU Regulation." The National Law Journal, American Lawyer Media

01 November 2001 "Best Practices for the Review of International Mergers: a discussion draft." Global Competition Review

25 September 2001 "Antitrust Law: Global Review Regimes." The National Law Journal, American Lawyer Media

05 February 2001 "Antitrust: What Impact Will Bush Have?" The National Law Journal, American Lawyer Media

06 November 2000 "Antitrust: Globalization and the EU." The National Law Journal, American Lawyer Media

01 July 2000 "Electronic Media." The National Law Journal, American Lawyer Media

01 April 2000 "What's the FTC up to?" The National Law Journal, American Lawyer Media

2000 "Mergers and Acquisitions.", ABA Antitrust Section

01 January 2000 "Globalization of Antitrust Law: Practical Problems and Solutions in Multinational Merger Review." Annual Proceedings of the Fordham Corporate Law Institute

01 January 2000 "Possible Defenses." In Mergers and Acquisitions: Understanding the Antitrust Issues.

01 January 2000 "Two Joint Ventures in International Telecommunications." Antitrust Goes Global: What Future for Transatlantic Cooperation. Edited by Simon J. Evenett, Alexander Lehmann, Benn Steil.

01 October 1999 "Collaborates Well With Others? New Joint Venture Guidelines Send Important But Incomplete Message." Legal Times

01 August 1999 "The Revival of Antitrust is Closely Watched." The National Law Journal

01 June 1999 "How to Avoid Negotiations on Second Requests." Antitrust

1999 "Antitrust and Health Care.", ABA Antitrust Section

01 January 1999 "Dealing Effectively with Antitrust Enforcement Agencies." In Antitrust and Health Care: Insights into Analysis and Enforcement.

01 May 1998 "Antitrust Issues in Communications Industries." The Antitrust Counselor

May 1997 "Department of Defense Science Board Task Force on Vertical Integration and Supplier Decisions.", Storming Media

1996 "Antitrust and Trade Associations Practice Guide.", ABA Antitrust Section

April 1994 "Department of Defense Science Board Task Force on Antitrust Aspects of Defense Industry Consolidation.", Storming Media

1993 "Report of the Task Force on Competition Policy of the Section of Antitrust Law." Antitrust Law Journal, ABA

1991 "Antitrust Evidence Handbook.", ABA Antitrust Section

RELATED EVENTS
05 May 2014 - 06 May 2014
Antitrust Institute 2014: Developments & Hot Topics

PRACTICES
Antitrust, Competition and Economic Regulation
Mergers and Acquisitions
INDUSTRY SECTORS
Aerospace, Defense, and Government Services
Technology, Media and Telecoms
Energy and Natural Resources Group
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
  • Super Lawyers, Washington, D.C. - Top 50 Women, 2014
  • Law360, Most Admired Attorneys, 2010
  • Women in Antitrust, GCR, 2009, 2013
  • Legal 500 US, Antitrust, 2008-2012; Leading Lawyer, 2012-2013
  • Who's Who Legal: The International Who's Who of Business Lawyers, Competition Section, 1997-2013
  • Chambers Global, USA - Competition and Antitrust, 2000-2013
  • Chambers USA, Antitrust, 2003-2014
  • Guide to the World's Leading Competition and Antitrust Lawyers, Legal Media Group, 1995-2013
  • Washington, D.C. Super Lawyers, Antitrust Litigation, 2007-2013
  • Washington, D.C. Super Lawyers, Top 50 Women, 2009-2013
  • Guide to World's Leading Women in Business Law, Legal Media Group, 2010, 2012
  • The Best of the Best, Competition and Antitrust Section, Euromoney Legal Media Group, 2000, 2002, 2004, 2006, 2008, 2010
  • Washingtonian Magazine, Best Lawyers, Antitrust, 2011
  • Washingtonian Magazine, Top Lawyers, Antitrust, 2009, 2013
  • Legal Times, 12 Leading Antitrust Lawyers, 2005
  • The Best Lawyers in America, Antitrust Law and Litigation, Commercial Litigation, Bet-the-Company Litigation, 2003-2014
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