Mike DeRita
Counsel
Overview
With his extensive knowledge of antitrust law, Mike DeRita has experience in guiding clients through complex merger reviews and litigation. Not only has he represented clients in all phases of merger clearance before the DOJ, FTC, and state authorities, he has also represented clients in federal and administrative court challenges to mergers. His clients span a wide range of industries including retail, airlines, industrial chemicals, health care, broadcasting, advertising, pharmaceuticals, consumer products, and technology.
Career & Education
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- Department of Justice: Antitrust Division
- Trial Attorney, 2022–2024
- Federal Trade Commission
- Bureau of Competition, Staff Attorney, 2012–2015
- Department of Justice: Antitrust Division
- Boston University, B.A., Economics, 2007
- George Mason University School of Law, 2012
- District of Columbia
- New York
Representative Matters
Government Experience
- Successfully obtained an injunction blocking JetBlue’s attempted acquisition of Spirit. Took direct examination of the chief revenue officer of Allegiant, a proposed divestiture buyer, and cross-examined defendants’ industry expert, resulting in the court determining that he “lacks credibility, and therefore must be given no weight.”
- Successfully obtained an injunction of the Northeast Alliance between American Airlines and JetBlue. Conducted trial examination of the DOJ’s primary economic expert.
- Successfully obtained a preliminary injunction blocking Sysco’s acquisition of US Foods.
- Investigated Office Depot’s acquisition of OfficeMax and drafted the FTC’s statement closing the investigation.
- Investigated Moses Cone Memorial Hospital’s acquisition of Alamance Regional Medical Center.
Client Representations
- Represented Teva in its $40.5 billion acquisition of Allergan’s generics business, securing clearance with the largest and most complex pharmaceutical divestiture in FTC history, which received the 2017 Global Competition Review award for Merger Control Matter of the Year – Americas.
- Represented AbbVie in its $63 billion acquisition of Allergan, obtaining approval of the divestiture by a 3-2 vote of the FTC, allowing the deal to close less than eleven months after signing.
- Represented Staples in its $996 million acquisition of Essendant, obtaining approval subject to a firewall consent by a 3-2 vote of the FTC, following full compliance with a second request.
- Represented Nexstar Broadcasting in its acquisitions of Media General and Tribune Media, obtaining approval from the DOJ subject to divestitures.
- Represented Clear Channel Outdoor in its swap of billboards with Fairway Outdoor Advertising, obtaining approval from the DOJ subject to divestitures.
- Represented Delta in purchase of shares of and antitrust-immunized alliance agreement with Aeromexico, obtaining DOJ approval following full compliance with a Second Request and DOT antitrust immunity subject to a DOT-ordered divestiture.
- Represented Tronox Limited in its $2.2 billion acquisition of Cristal’s TiO2business, including antitrust litigation arising from the FTC’s challenge to the transaction. The deal closed after litigation on the merits with the FTC and the divestiture of Cristal’s North American titanium dioxide assets.
- Represented Precept Brands before the FTC in its purchase of fortified wine brands divested by E&J Gallo Winery as a condition of its acquisition of Constellation’s wine and spirits brands.
- Represented MaineHealth in its acquisition of Mid Coast-Parkview Health.
- Represented Vestar Capital, in the sale of Sun Products (all®, Sun®, Surf®, and Wisk® detergents) to Henkel, creating the second largest seller of detergents in the United States.
