Burke_Brian

Brian F. Burke

Partner
Baker & McKenzie LLP

Biography

Brian Burke is a partner in Baker McKenzie's Washington, DC office. He draws on over 20 years of experience to counsel clients on all federal antitrust issues. He assists clients in successfully navigating the merger clearance process before the US as well as international antitrust authorities. Brian also has extensive experience advising clients on civil and criminal governmental antitrust investigations, commercial antitrust litigation, antitrust compliance programs, risk assessments, and pricing and distribution policies. Brian holds multiple leadership positions in the Firm. He is a member of the Steering Committee for the Firm's North American Antitrust Practice Group, as well of the Global Antitrust and Competition Taskforces for Healthcare, Energy Mining and Infrastructure, and Consumer Goods Industries. He also serves as the co-head of the Firm's Merger-Control Task Force.

Practice Focus

Brian focuses his practice on mergers and other commercial combinations subject to antitrust scrutiny. His transactional counseling is comprehensive, including advice on structuring, pre-closing notification requirements, premerger coordination limits, antitrust risk-allocation provisions, and successfully navigating any substantive review or challenge by governmental antitrust agencies. 

Brian's clients come from a wide range of industries, including automotive, healthcare, agribusiness, insurance, technology, chemical manufacturing, oilfield services, power infrastructure, freight forwarding, pharmaceuticals, medical waste, recycling, packaging, telecommunications, and building products.

Representative Legal Matters

  • Represented The Freeman Company in connection with the sale of its subsidiary Encore Event Technologies to Blackstone
  • Represented Hitachi in its USD 6 billion acquisition of the global power-grid business from ABB Ltd.
  • Represented Gebr. Knauf in connection with its USD 7 billion acquisition of USG Corporation
  • Represented German-based commercial vehicle component manufacturer in its proposed acquisition of a leading rival
  • Represented Fortune 200 consumer products company in multiple matters involving licensing, distribution, and M&A activity.
  • Represented leading technology provider on several multi-national transactions. 
  • Represented India's leading pharmaceutical company in acquisition of U.S.-based ocular care company. 
  • Represented Swiss construction materials firm on multiple acquisitions.  
  • Represented Japan-based medical device and information technology company in acquisition of U.S.-based medical device company. 
  • Represented Japan-based manufacturer and seller of glass substrates in USD 540 million acquisition of U.S.-based rival. 

Professional Associations and Memberships

  • American Bar Association - Section on Antitrust Law
  • New York State Bar Association - Member
  • District of Columbia Bar - Member

Admissions

  • U.S. Court of Appeals, Federal Circuit~United States
  • U.S. Supreme Court~United States
  • U.S. District Court, District of Columbia~United States
  • District of Columbia~United States
  • New York~United States

Education

  • Georgetown University Law Center (JD)
  • James Madison University (BA Honors)

Languages

  • English
  • Spanish

Presentations

Panelist, "Managing Your Strategic Relationships," Association of Corporate Counsel, Life Cycle of a Deal program, December 2019

Panel Moderator, "Cartel Enforcement and Antitrust Compliance Around the World," The Tenth Annual Chicago Forum on International Antitrust Issues, Northwestern University School of Law, October 2019

Co-presenter, Advocating Before Administrative Agencies, May 2017 

Co-presenter, Post Acquisition Integration Antitrust Compliance Webinar, April 2016

Speaker, ABA Corporate Counseling November Monthly Update, 9 December 2015

Co-presenter, "Multi-Jurisdictional Merger Control Analysis," Zurich, Switzerland, 5 September 2014

Co-presenter, "US Antitrust & Intellectual Property Law: Navigating the Intersection," Tokyo, Japan, 3 October 2013

Speaker, "Health and Pharmaceuticals Committee: Recent Development Series, August – September 2012," ABA Antitrust Section, October 2012

Co-lecturer, "Global Merger Control Update," Webinars March 2011, October 2011, April 2012 and October 2012