Robert L. Magielnicki

Robert L. Magielnicki is a partner in the Antitrust and Trade Regulation Practice Group.  He has a multi-disciplinary practice and engages in a diverse commercial practice with emphasis on antitrust, domestic and international business transactions, and complex civil and criminal litigation.

Areas of Practice

Mr. Magielnicki has 30 years of experience in the field of antitrust and trade regulation, both domestically and internationally, including having served as General Electric Company's Associate Litigation and Antitrust Counsel.

Education

• J.D., Cornell Law School, 1970, with distinction, Order of the Coif
• A.B., Rutgers University, 1967, with honors, Phi Beta Kappa

Admissions

• New York
• District of Columbia

Languages

• Spanish

Experience

Mr. Magielnicki's litigation experience includes representing corporations and individuals in both civil and criminal investigations and litigation, including class actions, involving Sherman Act and Clayton Act claims.  He has provided antitrust counseling on a broad spectrum of business matters including mergers and acquisitions, joint ventures, licensing, distribution systems, trade association and standard development issues, Robinson-Patman Act issues, and joint buying arrangements.  Mr. Magielnicki's experience includes counseling clients on the requirements of and numerous filings under the Hart-Scott-Rodino Act.  He has represented clients before the Antitrust Division and the Federal Trade Commission. 

On the international front, Mr. Magielnicki has represented clients in investigations by the Competition Directorate of the European Union, as well as national competition authorities of a number of European and South American countries, and the Japan Fair Trade Commission.  He represents a diverse array of clients including those engaged in manufacturing, telecommunications, computers and health care.  He also has represented a diverse array of clients in acquisitions, dispositions and joint ventures, both domestic and international, as well as in numerous complex contracting and licensing matters.

Mr. Magielnicki's commercial representations include:

Key negotiator and principal draftsman of joint venture agreement and implementing agreements forming a joint venture in industrial systems between Fortune 10 client and Mexican company which was an important part of client's product and geographic growth strategy.

Successfully represented Division President of Fortune 100 company in major criminal antitrust case charging nationwide conspiracy to fix prices.  After a three-week trial, jury returned a verdict of not guilty in less than two hours. 

Lead counsel in $295 million sale of consumer products subsidiary.  Key participant in formulating disposition strategy and negotiating with buyer.  Principal draftsman of sale agreement, as well as earlier agreements "spinning off" certain of the subsidiary's operations.  Sale disposed of unwanted product lines at a significant profit upon favorable terms. In addition to serving as General Electric Company's Associate Litigation and Antitrust Counsel, Mr. Magielnicki was counsel to GE at its corporate headquarters in Fairfield, Connecticut and also served as the Division General Counsel of GE's Factory Automation Products Division in Charlottesville, Virginia.

Memberships

• Member, Antitrust and International Law Sections, American Bar Association
• Member, New York State Bar Association
• Member, District of Columbia Bar Association

Articles

Antitrust Law Blog Articles

• "Penalties for Failing to File Under the HSR Act Can Be Stiff", November 7, 2005

Corporate & Securities Law Blog Articles

• "New HSR Thresholds Announced", January 30, 2008