Overview
Damon Kalt's practice encompasses all aspects of antitrust law, including private litigation, class action defense, cartel investigations, compliance counseling, mergers and acquisitions, joint ventures, Hart-Scott-Rodino compliance, and representation of clients in connection with civil investigations by the United States Department of Justice (DOJ), the Federal Trade Commission (FTC), and the Federal Communications Commission (FCC), among other regulators. He has extensive experience representing clients across a number of industries, including internet/technology, telecommunications, health care, computer software and hardware, waste services, aerospace, energy, mining, machine tools, financial services, and automotive repair equipment, among others.
Damon has extensive government experience, having worked as a trial attorney in the Attorney General's Honors Program of the DOJ's Antitrust Division and as a law clerk in the FTC's Northwest Regional Office. At the DOJ, Damon worked in the Technology & Financial Services Section on civil merger and non-merger investigations in the information technology, software, and financial services industries. Some of the more notable matters that he worked on at the Antitrust Division include United States v. Pearson plc (D.D.C. 2008), and the Google/Yahoo, Chicago Mercantile Exchange/Chicago Board of Trade, Whirlpool/Maytag, and Blackboard/WebCT investigations.
Damon most recently served as senior counsel for antitrust and competition at Cigna Corporation, where he advised on antitrust and competition law-related issues across the company's various lines of business including medical, pharmacy, Medicare and Medicaid. Damon served as the primary internal counsel for all antitrust and competition aspects of Cigna's acquisition of Express Scripts, a vertical transaction that the DOJ approved unconditionally in September 2018.
- District of Columbia
- J.D., University of Arizona James E. Rogers College of Law, 2004
- B.A., University of California, Berkeley, 1999
Representative Matters
- Defending education technology company in multiple putative antitrust class actions.
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Represented a Turkish manufacturer in connection with a $500 million joint venture for a mine to be developed in the western United States.
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Primary internal antitrust counsel for Cigna's $67 billion acquisition of Express Scripts.
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Successfully defended a major company in a DOJ Antitrust Division gun-jumping investigation.
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Represented Republic Services before the DOJ Antitrust Division in its acquisition of Tervita, an oil field services company, for $485 million. Early termination granted following presentation to DOJ.
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Represented Entergy in connection with its acquisition of a CCGT power plant before the DOJ. Damon managed the response to the DOJ Antitrust Division's Second Request and assisted in obtaining clearance for the merger.
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Represented Republic Services before the DOJ Antitrust Division in its acquisition of Rainbow Services, Inc. Early termination granted following presentation to DOJ.
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Represented Netflix, Inc. in successfully opposing the proposed merger between Comcast and Time Warner Cable.
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Represented Korean noodle manufacturer in putative consolidated antitrust class action alleging price fixing of products sold in the United States. Obtained dismissal on motion to dismiss for failure to state a claim.
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Represented Republic Services in case filed in Louisiana alleging antitrust and unfair trade practices violations.
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Represented a large government contractor in a DOJ teaming agreement investigation in the intelligence industry.
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Represented a large global manufacturer and industrial equipment supplier before the FTC in its $1.15 billion sale of its automotive solutions division. Damon managed the response to the FTC's Second Request and assisted in obtaining clearance for the merger.
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Represented a large retail real estate company before the FTC in its $2.3 billion acquisition of a competing outlet mall portfolio. Damon assisted in obtaining clearance for the merger, with minimal remedies, following an extensive investigation. The merger combined two of the largest players in the outlet mall industry.
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Counsel for third parties before the DOJ, FTC, and European Commission to support/oppose proposed mergers or negotiate favorable remedy terms on behalf of clients. Damon has represented third-parties in several recent merger transactions, including the acquisition of Skype Global S.à r.l. by Microsoft Corp., the acquisition of EMI Recorded Music by Vivendi, S.A., and the acquisition of EMI Music Publishing by Sony/ATV Music Publishing, among others.
Speaking Engagements
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Annual Antitrust, Competition and Trade Practice Group Meeting, Lex Mundi, September 16, 2016
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"Emerging Antitrust Issues: Non-Reportable Transactions Explored LIVE Webcast," The Knowledge Group Live Webcast Series, November 13, 2014
News & Publications
Press Releases
Steptoe Receives 125 Individual Mentions in Best Lawyers in America 2021
August 20, 2020
Client Alerts
DOJ Launches Procurement Collusion Strike Force
Justice Department Launches Procurement Collusion Strike Force, Signaling Continued Effort to Combat Bid Rigging and Collusion in Government Contracting
November 11, 2019
By: Paul R. Hurst, Patrick F. Linehan, Damon J. Kalt, Rachel B. Peck, Caitlin Conroy
Client Alerts
DOJ Antitrust Division Uses Novel Arbitration Approach to Resolve Merger Challenge
September 19, 2019
Events
Webinars
2nd Annual Regulatory Symposium: Mergers in Regulated Industries
October 8, 2020
Speakers: Peter W. Denton, Damon J. Kalt, Brian Egan, Frederick Day (Brookfield Asset Management), Gregory Camet (Entergy), Hadass Kogan (DISH Network)
Webinars
Hot Topics in Antitrust: Digital Platforms
February 5, 2020
Speakers: David O'Sullivan, Charles Whiddington, Damon J. Kalt, Paul Hughes
Webinars
December 3, 2019
Speakers: David O'Sullivan, Charles Whiddington, Damon J. Kalt, Zanda Romata
Noteworthy
- Best Lawyers in America, Antitrust Law (2021)
Professional Affiliations
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American Bar Association, Section of Antitrust Law