Experienced Antitrust Litigation And Counseling
Experienced antitrust attorney Thomas P. McMahon, Esq., regularly advises individuals, corporate and professional practice clients considering litigation as a response to anti-competitive conduct inflicted upon them.
As a litigator for the Jones & Keller, P.C., law firm in Denver, Mr. McMahon is a long-time practitioner in the highly specialized field of antitrust law. He has successfully assisted numerous clients in terms of both antitrust litigation and counseling.
He has handled antitrust cases for plaintiffs and defendants in federal and state courts, and before federal and state administrative tribunals and regulatory agencies in Colorado and 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.
Making The World Safe For Competition, One Client At A Time
Thomas P. McMahon‘s extensive antitrust litigation experience encompasses virtually all types of competition-related matters and offenses, including conspiracy in restraint of trade (e.g., bid rigging, 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.
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 bid-rigging on public road projects, recovering in excess of $10 million for taxpayers.
Most recently, Tom has represented a Denver student housing facility against a competing student housing facility that had conspired with a university to monopolize such housing, obtaining an eight-figure judgment. Tom has also represented Colorado, Missouri and Montana physicians on antitrust claims for being excluded by hospitals, resulting in multiple seven-figure recoveries. And he represented a small Colorado company in a federal antitrust suit after being excluded from the nationwide marketplace for hand-held surgical devices, obtaining another multimillion-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.