Peter Todaro is a partner in the Business Litigation & Antitrust Practice Group in the Washington, D.C., office of King & Spalding. His practice encompasses litigation in trial and appellate courts, mergers and acquisitions, and antitrust counseling. He regularly appears before the Department of Justice and the Federal Trade Commission and also represents clients being investigated by Congressional committees and other federal and state authorities.

Mr. Todaro taught antitrust law as an adjunct lecturer at the University of Virginia School of Law from 2007 to 2009 and is a member of the Antitrust Section of the American Bar Association. He is a member of the Hiring Committee of King & Spalding’s Washington office, where he formerly served a four year term as Hiring Partner. He received his law and undergraduate degrees from the University of Virginia. In law school, he was elected to the Order of the Coif and served on the Virginia Law Review.

Mr. Todaro has worked to convince antitrust authorities to approve numerous mergers and routinely provides advice on competition and consumer protection matters to companies in a variety of industries including brewing, energy, financial services, healthcare, pharmaceuticals, and telecommunications.

Representative Experience

U.S. v. Ecolab Inc. and Permian Mud Services, Inc. (led representation of Clariant Corporation, a world leader in Specialty Chemicals, in reaching agreement with Ecolab Inc. to acquire certain deepwater Gulf of Mexico assets as required by a DOJ Antitrust Division consent order);

General Dynamics Corp v. Orbital Sciences Corp. (representation of General Dynamics Corporation in litigation arising out of the sale of a satellite business and related government contract and involving claims for, among other things, fraud and breach of contract);

Oversight & Government Reform Committee Investigation Relating to the Obama Administration’s Auto Regulations (represented major automotive company in investigation concerning Corporate Average Fuel Economy (CAFE) Standards);

BioScrip, Inc. (led antitrust representation relating to successful sale of specialty pharmacy business to Walgreens, Co. following FTC review);

FTC v. Countrywide Home Loans, Inc. (successful settlement in which the FTC acknowledged that there was no wrongdoing by Bank of America and only challenged past mortgage servicing conduct by Countrywide; negotiated settlement provisions with FTC that were reflected in subsequent National Servicing Standards);

Sprint (led antitrust representation in connection with successful wireless license swaps following DOJ review);

Senate Finance Committee Investigation Relating to Pain Medication (defended a major pharmaceutical company in connection with an investigation concerning the promotion of pain medication);

Haddington Ventures (led antitrust representation for sale of natural gas storage facility to Spectra Energy Corp. following FTC review);

In re: Plavix Antitrust Litigation (won motion to dismiss direct and indirect purchaser class action and opt-out claims for Sanofi-Aventis in multi-district antitrust litigation alleging antitrust violations stemming from a proposed agreement to settle patent litigation with a generic drug maker);

Metal Management/Sims (led antitrust representation for successful merger of leading global recycling and metals businesses following review by DOJ and antitrust authorities in Australia, China, Germany, Greece, and Turkey);

Congressional Investigations Relating to Allegations of Unintended Acceleration (represented Toyota in investigations and hearings by the House Energy & Commerce Committee, the House Oversight & Government Reform Committee, and the Senate Commerce, Science & Transportation Committee);

ChoicePoint (successfully defended FTC merger investigation of acquisition of ChoicePoint by Reed Elsevier)

Miller Brewing Company (led representation of brewer in successful acquisition of specialty malt beverage brands following review by DOJ Antitrust Division);

In re: G-Fees Antitrust Litigation (won dismissal of antitrust case brought against Freddie Mac in the U.S. District Court for the District of Columbia);

Capella Healthcare (successful defense of FTC merger investigation of Capella’s acquisition of five hospitals from HCA and the simultaneous sale of one of the hospitals to the St. Francis Medical Center);

Miller Brewing Company (represented brewer in antitrust and contract litigation against a competitor in the U.S. District Court for the Eastern District of Wisconsin and obtained dismissal of mirror action filed by competitor in Canada);

Energy & Commerce Committee Investigation of Direct To Consumer Advertising (defended major pharmaceutical company in connection with an investigation concerning advertisements for branded pharmaceuticals);

In re: Lorazepam & Clorazepate Antitrust Litigation (defended pharmaceutical company in a four-week federal jury trial involving antitrust claims arising from exclusive supply agreements);

Sprint Corporation (Defended Sprint in qui tam action concerning telecommunications government contract brought under the False Claims Act);

F. Hoffman-LaRoche, Ltd. v. Empagran S.A. (represented UCB Chemicals Corporation in U.S. Supreme Court case establishing standard for application of U.S. antitrust laws to alleged conspiracies involving foreign commerce);

FTC v. Hearst Trust (purchase of divested assets by third party in connection with FTC consent settlement arising from merger);

Budget Rent-A-Car/Avis (successful merger of leading car rental businesses following review by FTC and antitrust authorities in Australia, Brazil, Canada, Finland, France, Germany, Greece, New Zealand, South Africa, Spain, Turkey, United Kingdom, and Venezuela);

Ferromin International Trade Corp. v. UCAR International Inc. (dismissal of U.S. antitrust claims brought by foreign purchasers against alleged international cartel);

ElectroNet Intermedia Consulting, Inc. v. Sprint-Florida, Inc. (Section 2 monopolization case concerning local broadband networks); and

Andrx Pharmaceuticals, Inc. v. Biovail Corporation International (defended pharmaceutical company against antitrust claim arising out of settlement of patent infringement litigation between innovator and generic drug makers)

Publications

McWane Dismissal May Impact Future FTC Cases Competition Law360, February 18, 2014

A Post-Actavis Approach to Reverse Payment Settlements, Competition Law360, July 31, 2013

D.C. Circuit’s Decision on Recess Appointments Raises Questions Regarding Actions Taken by the CFPB's Director, King & Spalding Client Alert, February 7, 2013

FTC Announces Increased Hart-Scott-Rodino Thresholds, King & Spalding Client Alert, January 25, 2012.

FTC and DOJ Announce Changes to HSR Premerger Notification Rules and Form, King & Spalding Client Alert, July 8, 2011.

California Supreme Court Rejects Pass-On Defense, King & Spalding Client Alert, July 19, 2010.

Price Signaling: FTC Enforcement Risks, King & Spalding Client Alert, June 11, 2010.

Getting the Deal Done: Competition Law Clearances Required for Middle-East Mergers and Acquisitions, Presented at The Legal Environment for International Projects and Investment in the Middle East Conference, Dubai, United Arab Emirates, April 2-3, 2008.

The Worldwide Expansion of Antitrust Enforcement, Presented at The Annual Symposium on Private Investments Abroad, Institute for International and Comparative Law, The Center for American and International Law, Dallas, Texas, June 17-18, 2003.

Voluntary Environmental Undertakings: An Antitrust Alert, DAILY ENVIRONMENT REPORT (BNA), September 4, 2002, No. 171 at B-1.

From Vienna to Moscow to Rio De Janeiro: The Current Complexities of Foreign Antitrust Filings, CORPORATE COUNSELING REPORT (ABA), Spring 2002, at 2.

Prosecutors as Judge and Jury: The Antitrust Review of Telecom Mergers, Presented at IBA/ABA Communications and Competition: Developments at the Crossroads, Washington, D.C., May 20-21, 2002.