Mike Finio helps companies sort through antitrust and competition-related issues posed by federal and state antitrust law, the government regulatory and litigation-based enforcement that arises from it, and private antitrust activity. Mike’s representation of publicly and privately held businesses in these matters is informed by three decades of work as a commercial litigator who also handled the Firm’s Hart-Scott-Rodino (HSR) practice, positioning him as consistent source of both transactional and litigation-related antitrust advice. Both clients and Mike’s Firm colleagues come to him when merger, acquisition, affiliation, combination, dealings with competitors, activities in supply and distribution markets and innumerable contractual undertakings present antitrust issues that must be resolved within the boundaries of full and fair competition under the antitrust laws.
Mike helps clients:
- Navigate analytical issues involved when M&A transactions require a determination of whether an HSR filing will be required, including handling required HSR filings and interactions with the FTC, DOJ and, when also interested in the transaction, state Attorneys General.
- Make day-to-day business decisions when the antitrust laws present issues in sales and distribution activities and agreements.
- Understand the black-letter requirements of the Sherman Act concerning price fixing, bid-rigging, customer allocation, market division and other potentially per se illegal conduct.
- Understand the nuances in transactional practice concerning information exchange, due diligence confidentiality concerns, gun-jumping, and how to handle competitively sensitive information.
- Draft and assists with implementation and training related to corporate antitrust compliance policies.
- Deal with antitrust issues raised in dealings with their competitors, suppliers, vendors, manufacturers and other third parties.
- Parse the commercial, antitrust and competition-related issues that they face as a result of consolidating industry sectors, market concentration, global competition and the constantly-evolving priorities of enforcement regimes pursued by the Federal Trade Commission (FTC), U.S. Department of Justice (DOJ) and state Attorneys General with corresponding jurisdiction.
Mike’s antitrust work spans a wide variety of industry sectors and spaces, from agriculture to health care to pharma to technology and more. His understanding of the fundamental antitrust concerns faced by various commercial sectors is built on a foundation of his past work on the government side of antitrust enforcement, enhanced by over three decades of providing clients and colleagues both transactional and litigation-related antitrust advice and representation. When his clients face federal and or state merger-related inquiries, he draws on this extensive experience to help them understand the key antitrust and competition-related issues and how to deal with them to help them get the deal done, the contract executed, and the purchase and sale made.
Mike's practice also includes representations involving the purchase, sale and leasing of corporate aircraft. In addition, he frequently assists clients with one-off, unusual legal predicaments, and drafts contracts governing unique commercial relationships in various sectors, including higher education, manufacturing and distribution.