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Thomas P. McMahon, Esq.

Antitrust • Complex Litigation • Health Care

ANTITRUST

Attorney Thomas P. McMahon's antitrust expertise extends to a wide variety of areas. These include the federal Sherman, Clayton, McCarran-Ferguson, and Robinson-Patman Acts; the Colorado and Missouri antitrust statutes; the filed rate and Parker v. Brown state action immunity doctrines; the Noerr-Pennington, labor and insurance exemptions; and the boycott exception to the latter. Contact him to discuss antitrust and competition-type issues.

His extensive antitrust litigation experience encompasses virtually all types of competition-related matters and offenses, including:

• Conspiracies in restraint of trade
• Bid-rigging
• Boycotting
• Exclusive dealing
• Horizontal and vertical market allocation
• Price fixing
• Resale price maintenance
• Tying arrangements
• Mergers
• Monopolies
  • Attempt to monopolize
  • Conspiracy to monopolize
  • Essential facility
  • Monopolization
  • Monopoly leveraging
• Predatory pricing and price discrimination
• Unfair and deceptive trade acts and practices
• Unfair methods of competition

Mr. McMahon's antitrust accomplishments include obtaining a multi-million dollar recovery for a medical technology company against a competitor that forced it from the marketplace. He successfully argued on behalf of 23 states in a landmark U.S. Supreme Court case. He also secured multi-million dollar recoveries for Colorado taxpayers in lawsuits against highway contractors.

For more on Mr. McMahon's past experience, please see his published cases page.

COMPLEX LITIGATION

In other complex litigation, Mr. McMahon's experience includes handling matters involving:

• Constitutional rights under §1983 of the federal Civil Rights Act
• Personal privacy under the federal Drivers' Privacy Protection Act
• Government payments under the federal False Claims Act
• Counterfeit trade goods under the federal Lanham Act
• Joint operating agreements under the federal Newspaper Preservation Act
• Securities fraud under the 1933 and 1934 federal Securities Acts
• Computer software under the Uniform Trade Secrets Act.

Mr. McMahon's complex litigation accomplishments include obtaining a multi-million dollar recovery for a national class of bondholders victimized by securities fraud. He also successfully defended a technology company against a would-be class action by licensed drivers.

HEALTH CARE

In the health care area, Mr. McMahon represents individual physicians, provider groups and health care plans in a wide variety of matters, including:

• Internal privileging matters with hospitals, such as physicians' loss or restriction of privileges
• Various health care professionals before their respective professional boards
• Hospital-based physicians in federal and state court litigation where they have been excluded from their practices for economic or other anticompetitive reasons

He also provides antitrust advice to physicians' groups in various specialties; physician and dental organizations; hospitals and hospital chains; and other health care entities.

Mr. McMahon's health care accomplishments include obtaining a multi-million dollar recovery for a physician in a civil rights suit against a hospital that deprived him of his constitutional rights and ended his career. He has also obtained a seven-figure recovery for a physician in a suit against a hospital that terminated his privileges and effectively ended his career. In another case, Mr. McMahon won a six-figure recovery and, more importantly, an injunction for a physician in an action against a hospital and a competitor that had sought to exclude him from the marketplace. In addition, he successfully defended a physician independent practice association in an FTC investigation and administrative litigation.

Tom McMahon is a member of the Denver, Colorado law firm of Jones & Keller. Although Mr. McMahon primarily serves Colorado's Front Range area and the western United States, he handles matters nationwide. Contact Tom McMahon about antitrust and competition-type issues and other types of complex litigation matters.

Thomas P. McMahon, Esq.
Jones & Keller
1999 Broadway, Suite 3150
Denver, CO 80202
Phone: 303-573-1600
Fax: 303-573-8133

Thomas P. McMahon serves clients in the western U.S., especially Colorado’s Front Range, including Denver, Boulder, Fort Collins, Colorado Springs, Pueblo, and their suburbs.