James A. Keyte
James A. Keyte is director of the Fordham Competition Law Institute and, as an adjunct professor, teaches the Comparative Antitrust Law and Enforcement course.
As a partner at Skadden, Mr. Keyte handles a wide variety of antitrust litigation, transactional and advisory matters across numerous industries.
In the litigation area, Mr. Keyte has handled a number of cases involving alleged price-fixing, monopolization, litigated mergers, other restraints of trade and class actions. In addition, Mr. Keyte has handled or played significant roles in a number of sports-related litigations and trials, including several high-profile matters for the NHL, NFL, and NBA. He played a key role in the NHL’s successful litigation against Madison Square Garden LP, as well as an attempt, through bankruptcy, to relocate the Phoenix Coyotes over the NHL’s objection. Recently, Mr. Keyte represented the NHL in a class action litigation involving the live broadcast of NHL games and led the team that defeated that damages class by excluding the plaintiffs’ economic model after a three-day hearing. Mr. Keyte also played an instrumental role in the NFL’s successful jury verdict in a billion-dollar case brought by the Oakland Raiders in California state court.
In the transactional arena, Mr. Keyte has represented numerous clients before the Department of Justice and the Federal Trade Commission, as well as parties involved in litigated mergers. Mr. Keyte represented the Unsecured Creditors Committee of American Airlines (in bankruptcy) with respect to its merger with US Airways; Anheuser-Busch InBev with respect to the government and private challenges to its merger with Modelo; Express Scripts in a private challenge to its merger with Medco; Sprint in its challenge to the unconsummated AT&T/T-Mobile merger; and Ainsworth in its successful merger with Norbord. Mr. Keyte also represented The Coca-Cola Company in its successful acquisition of Glacéau and its partial acquisition of Honest Tea; DigitalGlobe in its acquisition of GeoEye; Toshiba in its acquisition of Westinghouse’s nuclear division; Alcatel in its acquisition of Lucent Technologies; Caesar’s Entertainment in its acquisition by Harrah’s; and a number of private equity firms, including in the acquisition of MGM by Sony Corp. and the sale of Westwood One to Dial Global. He also has advised SanDisk, Martin Marietta, Pfizer, USIM, NewYork-Presbyterian Hospital, IASIS Healthcare and several Japan-based clients in numerous transactions. Mr. Keyte also regularly appears before the antitrust agencies in a variety of investigational contexts.
Mr. Keyte also counsels on general antitrust matters. He has advised numerous clients on compliance with basic antitrust statutes, including issues relating to competitor collaborations, unilateral conduct and distribution. He also counsels a number of clients on intellectual property matters with antitrust implications.
Mr. Keyte is the past chair of the Trade, Sports and Professional Associations Committee. Mr. Keyte is a frequent contributor of antitrust articles to the Antitrust Law Journal and Antitrust Magazine on a variety of topics, including merger analysis, market definition and conduct-related issues. Mr. Keyte is a former senior editor of the Antitrust Law Journal and a current editor of Antitrust Magazine. He also authors a monthly antitrust column for the New York Law Journal. In 2012, he won the Institute of Competition Law’s Antitrust Academic Article Readers Award for “‘Tally Ho!’: UPP and the 2010 Horizontal Merger Guidelines.” Mr. Keyte repeatedly has been selected for inclusion in Chambers USA: America’s Leading Lawyers for Business, which has described him as a “brilliant” antitrust lawyer and a “bulldog in the courtroom.” In addition he is listed in The International Who’s Who of Competition Lawyers & Economists 2014, Who’s Who Legal: Competition 2015 and the 2016 Competition and Antitrust Expert Guide.
JD, Loyola Law School, 1986 (Law Review)
BA, cum laude, Harvard University, 1981