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Thomas A. Donovan

Fax +1.412.355.6501
Mr. Donovan practices primarily in the areas of antitrust and commercial litigation, as well as antitrust counseling. He represents companies in merger clearance proceedings, as well as in civil antitrust litigation and criminal antitrust investigations. His experience includes both the defense and prosecution of private treble damage actions alleging monopolization, contracts and conspiracies in restraint of trade, price discrimination, denial of access to transportation and other essential facilities and other antitrust violations, as well as the evaluation and defense of mergers and acquisitions under the antitrust laws. He has also defended against criminal prosecutions alleging antitrust, environmental, fraud and other white collar offenses. Mr. Donovan also provides antitrust counseling on a wide range of issues including pricing, joint ventures, market foreclosure issues and compliance programs.

In addition to his work on antitrust issues, Mr. Donovan represents clients in other commercial litigation and provides advice in product distribution relationships.

Professional Background

Mr. Donovan has been with K&L Gates since 1975.

Prior to joining K&L Gates he served as law clerk to the Honorable Arlin M. Adams of the United States Court of Appeals for the Third Circuit.

Additional Information

  • Antitrust Resurrected - With a Fury, Antitrust & Trade Regulation Update, July 1999
  • Getting a Green Light: Navigating the Federal Antitrust Laws on Mergers and Acquisitions, published by Kirkpatrick & Lockhart LLP, 22 April 1998
Antitrust Litigation and Counseling
  •  Advised leading wood treatment chemicals manufacturer on acquisition of competitor
  • Advised major international chemical producer on plan to acquire competing non-U.S. producers of chemicals
  • Successfully defended Jameson Memorial Hospital in an action by the Pennsylvania Attorney General's Office to enjoin its merger with a large regional health system
  • Defended nuclear power plant designer from claims by a competitor for alleged Lanham Act violations and monopolization of a market for ancillary equipment
  • On behalf of a major advanced metals producer, coordinated successfully obtaining approval by U. S., China, Korean and Indian competition authorities for joint venture between competitors in the manufacture of advanced powdered metals
  • On behalf of a major metals producer, supervised the defense before the European Commission and South Korean competition authorities of a metals manufacturing joint venture between a U.S. producer and a foreign producer
  • Successful defense of Federal Trade Commission investigations of acquisitions by a leading cancer genetics laboratory of competing laboratories
  • On behalf of a specialized chemical company that sold one of its operations, defended post-consummation FTC challenge to the transaction
  • Defended distributor of specialized electrical distribution equipment against monopolization and contract claims asserted by customer
  • Successful pursuit on behalf of metals producers of damages claims challenging price-fixing among electrodes suppliers
  • Defense of beer wholesaler against class action alleging unawful price discrimination and fraud
  • Successful Defense of federal grand jury investigation into alleged collusion among advanced metals producers
  • Defense of federal grand jury proceeding and follow on civil class action alleging price fixing in the purchase of crude oil
  • Prosecution of monopolization claims based upon patent holder's alleged procurement of the patent through fraud on the U.S. Patent Office and through pursuit of involved patent claims
  • Advised regional health care systems on antitrust issues related to mergers with competing hospitals
  • Advised major direct mail advertiser on antitrust issues associated with formation and operation of joint ventures with competing advertisers
  • Advised community hospitals in antitrust issues related to acquisition by regional health care systems
  • Represented regional health care system in connection with Federal Trade Commission's investigation of a competing regional health care system's acquisition of a competing local hospital
  • Advised regional health care system regarding antitrust issues of joint ventures with competing health systems
  • Advised waste recycling company on antitrust issues in joint ventures and other transactions with competitor
  • Advised leading regional bank on antitrust issues associated with bank mergers
  • Advised savings bank regarding antitrust aspects of merger with neighboring bank
Other Litigation
  • Successfully defended manufacture of heating equipment against sales representative's action to preliminarily and permanently enjoin termination of the sales representative's relationship with the manufacturer
  • For manufacturer of robotic equipment, obtained summary judgment dismissing sales representative's damage claim challenging manufacturer's right to terminate under Fair Dealership Act
  • Led defense of Ashland Oil, Inc. in connection with spill of an alleged 750,000 gallons of diesel fuel into the Monongahela River, affecting public water systems in Pennsylvania, West Virginia, Ohio and Indiana. Proceedings included federal criminal environmental charges, 23 private damage class actions and federal and state clean up and natural resources claims