Michael S. Denniston

Partner

Mike Denniston’s practice focuses on advising and litigating for clients concerning antitrust and competition law and intellectual property issues. His practice spans the breadth of the antitrust and intellectual property arena. Mike’s antitrust practice encompasses not only litigation and advising clients, but also working closely with the firm’s Corporate and Securities Practice Group on merger analysis and preparing transactions for premerger review pursuant to the Hart-Scott-Rodino Act. 

Transactions on which he has provided advice and counsel range from transactions that are not likely to be challenged and in which the agency grants Early Termination to transactions with potential antitrust risk which require detailed engagement of and negotiations with the FTC and Department of Justice.

Notable Matters
  • Non-Public FTC Investigation (2015) – Successful termination of 5 year investigation of industry by Anticompetitive Practices Division of FTC without issuance of complaint
  • Acquisition of Certain Assets of Coca-Cola Company (2015) – Premerger advice and clearance on acquisition of assets by soft drink bottler
  • Acquisition of private company (2015) – Assessed need for premerger filings in U.S. and multiple international jurisdictions
  • Sale of Centerre Healthcare (2014) -- Successful clearance of a merger that was investigated by the FTC
  • Sale of Prolexic Technologies (2014) -- Successful clearance of a merger that was investigated by the FTC
  • US Beverage v. 4U2U Brands (2013) – Represented defendant in arbitration over distribution agreement
  • Acquisition of CMC Holdings (2013) – Successful clearance of merger that required U.S. and multiple European premerger filings
  • Sale of America Service Group (2011)—Successful clearance of a merger between two health care providers in the correctional medical services field that was investigated by the FTC.
  • Non-Public FTC Investigation (2011)—Successful termination of a non-public investigation by the FTC without issuance of a complaint of alleged anticompetitive practices among dental providers.
  • Non-Public FTC Investigation (2010)—Successful termination of a non-public investigation by the FTC without issuance of a complaint of alleged anticompetitive practices in electronic publishing industry.
  • Non-Public FTC Investigation (2009)—Confidential investigation by FTC of a proposed merger. Resolved issues raised by the FTC, permitting transaction to close.
  • Sale of BE&K to KBR, Inc. (2008)—Premerger clearance with FTC and Department of Justice in construction and construction engineering transaction. This transaction also involved evaluation of numerous international premerger filings and coordination of international filings.
  • Acquisition of assets by French conglomerate of Southeastern manufacturing concern (2008)—Premerger clearance investigated by Department of Justice in Ready-Mix Concrete and Cement industries.
  • Acquisition by Vulcan Materials Company of Florida Rock Industries (2007)—Premerger clearance of transaction in construction aggregates industry. Investigated by the Department of Justice, which led to issuance of a Second Request. Completed compliance with Second Request and transaction closed.
  • Acquisition of assets of Cemex S.A. de C.V. by Ready Mix USA LLC (2007)—Premerger clearance of transaction in Ready Mix concrete industry. Investigated by Department of Justice, cleared after initial investigation.