Anthony P. Badaracco
PEOPLE

Anthony P. Badaracco

Partner
badaracco.anthony@dorsey.com

Overview

ANTHONY WORKS HARD TO LEARN EACH CLIENT’S BUSINESS IN ORDER TO ASSESS AND MINIMIZE LEGAL RISKS. WHEN DISPUTES HAPPEN, HE LITIGATES CREATIVELY AND EFFICIENTLY, WITH THE CLIENT’S BUSINESS OBJECTIVES IN MIND.

Anthony focuses his practice on antitrust law and business litigation and counseling. He helps clients obtain clearance from the United States Department of Justice and the Federal Trade Commission for mergers, acquisitions, and joint ventures and provides comprehensive pre-integration counsel in connection with transactions. He also works with counsel in many other jurisdictions to obtain clearance of cross-border transactions. He has successfully defended clients in civil conduct reviews by federal and state enforcement agencies as well as in criminal investigations. He has experience working with clients in the telecommunications, financial services, advertising, agriculture, food and beverage, healthcare, automotive, and pharmaceutical industries, among others.

In court and in alternative dispute resolution settings, Anthony has won massive, bet-the-company disputes as well as much narrower ones. He has substantial first-chair experience in all phases of civil litigation—from pleadings through discovery, trial, and appeal—and he has helped clients achieve favorable settlements in several matters. He has handled cases in several federal district courts and in all levels of the New York state court system and has won appeals in the U.S. Courts of Appeals for the Second and Third Circuits. As an associate, he served as a core part of a trial team that secured a groundbreaking antitrust jury verdict, following nearly seven months of trial, for an independent provider of maintenance services for telephone equipment in the District of New Jersey. In addition to antitrust, he has litigated a broad range of business tort, contract, fraud, false advertising, unfair competition, trade secret misappropriation, and professional liability matters in court and in arbitration.

Anthony also serves as outside general counsel to industry trade associations, regularly provides antitrust compliance counseling and training to other associations, corporations, and cooperatives, and assists clients with designing and implementing product distribution and resale pricing policies. He particularly enjoys working creatively with clients to grow their businesses while spotting and avoiding competition-related risks.

Anthony serves as the head of the Firm’s Trial Group in the New York office.

Anthony has published numerous articles on antitrust and litigation-related topics and has served since 2021 as the U.S. law reporter for the European Competition Law Review.

Education & Admissions

New York University School of Law (J.D., 2010), Executive Articles Editor, Annual Survey of American Law

Princeton University (A.B., Princeton School of Public and International Affairs, 2007)

Admissions

  • New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Experience

Representative Experience

  • Manara Minerals in a deal to acquire 10% of Vale Base Metals Limited, the holding entity of Vale SA’s energy transition metals business
  • Regularly represent clients in connection with obtaining clearance from the United States Department of Justice and the Federal Trade Commission for mergers, acquisitions, and joint ventures, including following Second Request investigations, and in related Hart-Scott-Rodino Act compliance matters
  • Serves as outside general counsel to a leading industry trade association and regularly advises other associations, corporations, and cooperatives on antitrust compliance issues
  • Serves as U.S. antitrust counsel to a major international publisher and price reporting agency, providing written antitrust compliance materials and delivering in-person training
  • Represented a leading technology company in dispute with software maker, obtaining dismissal with prejudice of all claims
  • Advised a major international telecom provider in connection with $1.95 billion acquisition of wireless and wireline businesses, following Second Request investigation by the Department of Justice and divestiture sale
  • Represented a ski lift gate manufacturer in defense of claims for monopolization and conspiracy to restrain trade, obtaining dismissal with prejudice of all claims. Served as primary drafter of merits brief on appeal, and obtained affirmance with costs
  • Obtained dismissal of maritime garnishment claims filed against investment managers in two federal courts
  • Advised a leading telecom provider on antitrust and other compliance issues arising out of pre-closing integration planning in connection with a $26 billion corporate acquisition
  • Served as lead counsel for an IoT solutions provider in defense of contract claims arising out of a financing dispute, obtaining dismissal with prejudice of all claims
  • Represented a telecommunications firm in prosecuting antitrust counterclaims and defending against intellectual property, contract, and tort claims. Worked extensively on expert discovery, dispositive motion practice, and pretrial matters, and then served as a core member of the trial team that obtained the dismissal of the adversary’s case and a successful antitrust verdict following six and a half months of trial. Following a substantial award of treble damages and an injunction, in a subsequent landmark ruling, the court awarded $2.6 million in prejudgment interest as well—the first such award in a federal antitrust lawsuit
  • Represented an automotive parts manufacturer that was the subject of an antitrust and fraud investigation by the Department of Justice, obtaining notice of conclusion with no charges
  • Represented a commercial loan servicer in disputes over distressed real estate assets, obtaining favorable settlements in all matters
  • Represented a national aftermarket automotive parts distributor in a Second Request investigation by the Federal Trade Commission into a proposed merger, obtaining clearance for the deal to close with minimal divestitures
  • Represented an individual who was the subject of a wide-ranging fraud investigation by the Attorneys General of several states, resulting in no charges
  • Represented a media representation firm in a commercial dispute regarding buyout payments owed on termination of advertising representation agreements
  • Represented a community hospital network in a breach of contract dispute, including contributions to fact and expert discovery, dispositive motion practice, and trial preparation, before reaching settlement
  • Represented a commodities trading firm in various post-judgment enforcement matters and disputes in state and federal court and on appeal, resulting in a nine-figure payment
  • Represented a federally-chartered cooperative lending association on appeal in a statutory and constitutional challenge to an adverse taxation decision at all levels of the New York state appellate courts
  • Conducted an internal investigation of a financial services company's audit procedures
  • Represented a man, on death row in Texas, who was convicted of first-degree murder, in connection with a petition for a writ of habeas corpus based on the state’s unknowing presentation of false witness testimony at trial
  • Represented a mentally ill individual as lead counsel on appeal from a homicide conviction in Pennsylvania state court
  • Conducted pro bono representation of clients in child custody, visitation, and child support proceedings in Family Court, including appearances at several hearings and settlement conferences

News & Resources

Articles

FTC Updates Mergers & Acquisitions Guidelines
Increase in HSR Reporting Thresholds and Filing Fees; Other HSR Developments
Back to the Future: 2023 Merger Guidelines Reach into History to Support Enlarged Antitrust Enforcement Agenda
FTC and DOJ Propose New Merger Guidelines
FTC and DOJ Propose Overhaul of U.S. Merger Review Process
Increase in HSR Reportability Thresholds and Other HSR Developments
FTC Takes First Step to Make Good on Promise to Curtail Non-Compete Agreements
Year-End Omnibus Bill Includes First HSR Filing Fee Increases in More Than Twenty Years, Larger Agency Budgets, and New Foreign Subsidy Reporting Requirements
After Nearly Fifty Years of Dormancy, Criminal Monopolization Charges Have Returned
Regular submissions on U.S. antitrust law developments, European Competition Law Review
Increase in HSR Reportability Thresholds and Other HSR Developments
New FTC Position on Debt and HSR Valuation
Recent Hart-Scott Rodino Developments
Decrease in HSR Reportability Thresholds and Other HSR Developments
Increase in HSR Reportability Thresholds and Other HSR Developments
Chemical Industry Update - January 2020
Co-Author, "Arb-Med: Workable or Worrisome?," New York Dispute Resolution Lawyer
"Interlocking Directorates: What’s on the Horizon," The Antitrust Source, Vol. 19, Issue 1
Newly Announced Antitrust Division Policy Rewards Effective Compliance Programs
Chemical Industry Update - June 2019
Employers Beware: Recent Developments in Employee No-Poaching Agreements
Chemical Industry Update - March 2019
Increase in HSR Reportability Thresholds and Other HSR Developments
Regular submissions on U.S. antitrust law developments, European Competition Law Review (co-author, with Douglas F. Broder)
New York Judges, Not Juries, Should Decide Whether to Pierce the Veil, New York Law Journal

News & Press Mentions

Dorsey Partner Anthony Badaracco Discusses the DOJ Lawsuit Against Google Over Advertising Technology
Dorsey Partner Tony Badaracco Comments on Early Merger Reviews
Dorsey Partner Anthony Badaracco Discusses AMG Capital v. FTC Decision
Dorsey & Whitney Names New Partners
Dorsey’s New York Office Recruiting Efforts Add Key Talent
Dorsey Adds Experienced Litigator Anthony Badaracco in New York

Select Presentations

  • What It’s Like to Work for a Global Law Firm (guest speaker, School of the New York Times seminar, July 2023)
  • On Ramp to the Profession (panelist, Bar Association of the City of New York online seminar, January 2023)
  • Big Tech & Abuse of Dominance (panelist, International Competition Lawyers Network seminar, October 2022)
  • Merger Control Update (panelist, International Competition Lawyers Network seminar, October 2022)
  • HSR Merger Review: Basics and What’s New (in-house CLE seminar, July 2022)
  • Investigations into Big Tech Companies (International Competition Lawyers Network online seminar, June 2021)
  • Litigation and Trial Lessons Learned from Avaya v. Telecom Labs (Association of Corporate Counsel, New Jersey Chapter CLE seminar, January 2015)
  • Are You Protecting Your Intellectual Property or Illegally Restraining Competition? Lessons from Avaya v. Telecom Labs (panelist, Association of Corporate Counsel, New Jersey Chapter CLE seminar, June 2014)
  • Princeton University Pre-Law Society Lawyers’ Fair 2014 (panelist, April 2014)
  • Practical Overview and the Law of E-Discovery (speaker, in-house law seminar, May 2012)

Industries & Practices

  • Antitrust & Competition Law
  • Appellate
  • Banking & Financial Institutions
  • Commercial Litigation
  • Government Solutions & Investigations
  • Healthcare & Life Sciences
  • Technology
  • Telecommunications
  • Trademark & Copyright

Professional & Civic

Community Involvement

           

  • Young Lawyer Representative, Membership, Diversity & Inclusion Committee, Antitrust Law Section, American Bar Association (2019-2021)
  • Longtime Captain, Central Park Lawyers Softball League
  • Treasurer & Trustee, Park Avenue United Methodist Church
  • Certified Judge, Kansas City Barbeque Society (inactive)

Accolades

  • Dorsey & Whitney – Scales of Justice Team Award (Racial Justice Bronx Project), 2021

    Pro Bono 100 Hours 2022Contributed 100+ Pro Bono Hours in 2020

  • Contributed more than 100 Challenge pro bono hours, 2020, 2022, and 2023
Anthony P. Badaracco