Michael W. Jahnke
Michael counsels clients concerning antitrust and consumer protection issues in connection with litigation and proposed mergers and acquisitions, joint ventures and other business transactions. He represents clients before the FTC and Department of Justice, helping resolve or limit antitrust issues throughout the government merger review process, and counsels clients on compliance with governmental requests.
Michael's antitrust experience encompasses a broad range of matters. He advises companies on proposed transactions, analyzing potential issues, providing input on draft agreements and diligence, handling Hart-Scott-Rodino (HSR) filings and addressing regulators' requests. He also provides guidance related to joint ventures, IP licensing, compliance queries and training, exclusive dealing, antitrust litigation and criminal/cartel investigations.
Michael has considerable experience counseling clients on antitrust and foreign investment issues in connection with U.S. and international M&A transactions and joint ventures involving companies in many industries, including financial services, derivatives, energy, foods, tobacco, information services, telecommunications, paper/packaging, chemicals and automotive. In addition, Michael has extensive expertise in multinational merger control analysis and filings.
Michael also advises clients concerning claims asserted under the Lanham Act, under state antitrust and consumer protection laws, and on filings before the Committee on Foreign Investment in the United States (CFIUS).
In addition, Michael advises companies on supervision, regulation and enforcement by the Consumer Financial Protection Bureau (CFPB), created by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.
- Representing a leading medical device company in the $175 million acquisition of an international medical systems company.
- Representing a major pharmaceutical company in connection with an agreement to transfer to another pharmaceutical company certain rights to market defibrotide in the United States and elsewhere in the Americas.
- Representing the third-largest independent owner of LNG carriers and the leading Japanese independent power producer in their $1.4 billion acquisition of a global ocean carrier's LNG shipping fleet.
- Representing 13 financial institutions, including six of the top ten U.S. bank holding companies, on antitrust issues.
- Representing an international industrial bearings manufacturer in its $125 million acquisition by a leading global supplier of bearings, seals, mechatronics, lubrication systems, and services.
- Representing a Vermont electric utility in its $702 million merger with a Canadian natural gas distribution company.
- Representing a consortium of several of the leading bank holding companies in the United States as founding participants in a joint venture to provide foreign exchange aggregation services.
- Representing a leading international tobacco company in its $22.7 billion acquisition of a U.S. cigar manufacturer.
- Representing a leading international manufacturer of bearings, with approximately 76,000 employees in 180 locations in more than 50 countries, in its takeover of one of the top five automotive suppliers worldwide.
- Representing a UK-based banking and insurance company in its $10.5 billion acquisition by a UK-based global financial services group with more than 30 million customers.
- Representing one of the world's largest beer brewing companies, which operates more than 140 breweries in 70-plus countries, in its acquisition of a UK-based beer brewing company.
- Representing one of the largest temporary staffing and employment services agencies in the world, with almost 4,200 locations in more than 40 countries, in its $5.5 billion acquisition of a Netherlands-based international staffing services company.
- Representing a leading international supplier of office products in its takeover by the world's largest office products company and second-largest internet retailer, which serves consumers and businesses throughout North and South America, Europe, Asia, Australia, and New Zealand.
- Representing the UK's #1 cigarette maker in its $1.9 billion acquisition of the fourth largest cigarette manufacturer in the United States.
- Representing one of Europe's leading private equity investors and one of the largest investment trusts on London's stock exchange in its sale of an international provider of air and sea freight services to a global supplier of transport and logistics solutions.
Publications, Presentations & Recognitions
- Featured in "Thompson Hine Loses Antitrust Pro To ArentFox Schiff," Law360.com, March 3, 2022
- "Small Deals Spurring Big Antitrust Problems," The Deal.com, December 2014
- "Is Jury's Verdict In IPod Antitrust Litigation Irrelevant?" Law360.com, December 16, 2014
- "3 Key Trends In Antitrust Merger Review," Law360.com, June 9, 2014
- Co-author, "Follow-On Shareholder Suits After CFPB Settlements," Corporate Counsel, March 4, 2013
- Co-author, "Watch Out for Shareholder Suits Spawned by CFPB Settlements," American Banker, January 17, 2013
- "FTC, DOJ to Heighten Reporting Requirements on Patents," New York Law Journal, January 7, 2013
- Co-author, "CFPB Institutes Supervisory Appeals Process - But Do Other CFPB 'Appeals' Decisions Inform the Process or Cast a Shadow?" What's In Store? American Bar Association, Winter 2013
- "US Antitrust Agencies Propose New Hart-Scott-Rodino Merger Control Rules to Require Enhanced Reporting of Pharma, Biological and Diagnostic Licenses," October 2012
- "Sweeping HSR Revisions: Top 5 Changes to Know About," Law360.com, July 8, 2011
- "Hart-Scott-Rodino Overhaul," The Deal, July 8, 2011
- Co-author, "Antitrust Enforcement: Significant Proposals on Hart-Scott-Rodino Law," New York Law Journal, August 2010
- Co-author, "Enforcement on the Rise: Revising the Merger Guidelines," New York Law Journal, May 2010
- Co-author, "The Latest on Leegin," Law360.com, May 2010
- Co-author, "Unscrambling the (Organic) Egg? Persistence Pays Off for FTC Against Whole Foods," International Law Office, November 4, 2008
- "Outsourcing in Financial Services," January 23, 2013
- "Premerger Notification Compliance and Litigation Update: A 2011 Perspective," June 27, 2011
- Selected for inclusion in The Best Lawyers in America© 2018 to 2022 for Antitrust Law
- Named in Chambers USA: America's Leading Lawyers for Business in New York Antitrust, 2009-2013
- New York State Bar Association Antitrust Section, Executive Committee
- American Bar Association Section of Antitrust Law
- American Bar Association International Law Section
- New York City Bar Association Antitrust and Trade Regulation Committee
Bar & Court Admissions
- New York Bar
- US Supreme Court
- US Court of Appeals, Federal Circuit
- US Court of Appeals, 8th Circuit
- US District Court, Eastern District of New York
- US District Court, Southern District of New York
Creighton University School of Law, JD, magna cum laude, 1986Huron College, BA, summa cum laude, 1982