 | Tom has been a practitioner of the arcane art of antitrust law for over 30 years. In that time he has successfully assisted numerous clients in terms of both antitrust litigation and counseling. Mr. McMahon has handled antitrust cases for plaintiffs and defendants in federal and state courts and administrative bodies in Colorado and elsewhere around the country. He has extensive experience representing clients in antitrust matters at both the trial and appellate levels, including before the U.S. Supreme Court, the Federal Trade Commission and the (former) Civil Aeronautics Board. Among other things, Mr. McMahon's antitrust expertise extends to the federal Sherman, Clayton, McCarran-Ferguson and Robinson-Patman Acts; the Colorado, Montana and Missouri antitrust statutes; the filed rate and Parker v. Brown state action immunity doctrines; the Noerr-Pennington, labor and insurance antitrust exemptions, and the boycott exception to the latter. His extensive antitrust litigation experience encompasses virtually all types of competitionrelated matters and offenses, including conspiracy in restraint of trade (e.g., bidrigging, boycotts and boycotting, customer allocation and market allocation, exclusive dealing, horizontal restraints and vertical restraints, price fixing, resale price maintenance, tying arrangements); mergers; monopoly (e.g., attempt to monopolize, conspiracy to monopolize, essential facility, monopolization, monopoly leveraging); predatory pricing and price discrimination (primary, secondary and tertiary-line); unfair and deceptive trade acts and practices; and unfair methods of competition. Most recently, Tom has represented a Montana physician on an antitrust claim for being excluded by a hospital, resulting in a multi-million dollar recovery. He has similarly represented a Missouri physician on antitrust claims after being excluded by a hospital there, leading to a sevenfigure recovery. And he represented a small Colorado company in a federal antitrust suit after being excluded from the nationwide marketplace for small, hand-held surgical devices, obtaining another multi-million dollar recovery. Tom also regularly advises clients how to structure their business dealings so as to avoid running afoul of federal and state antitrust laws and the government agencies that enforce them. Previously, Mr. McMahon served for almost a decade as Chief of the Colorado Attorney General's nationally-renowned Antitrust Unit, with responsibility for directing all antitrust affairs on behalf of the State of Colorado. In that capacity, he served as lead counsel in the state's investigation of and litigation against highway contractors for bidrigging on public road projects, recovering in excess of $10 million for taxpayers. While with the Colorado Antitrust Unit, Mr. McMahon served as a Vice-Chair of the National Association of Attorneys General Antitrust Multi-State Task Force. He is a member and past Chair of the Antitrust Subsection of the Colorado Bar Association, and a member of the American Bar Association's Antitrust Law Section., of which he is a past Vice-Chair of the State Antitrust Enforcement Committee. Tom has written and lectured widely on antitrust matters. He has published numerous articles and contributed to several books relating to antitrust law; appeared on the PBS "MacNeil-Lehrer Report" and the NBC "Today Show" as a commentator on antitrust issues; taught sessions of the antitrust course at the University of Denver College of Law; and made presentations both as a faculty member on numerous national, regional and state Continuing Legal Education programs in antitrust and as a lecturer on antitrust matters before a variety of national, regional and local professional groups.
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