IR Bronze Member

Steve Levitsky

Bona Law PC

Member Details

Jurisdictions
  • New York

Exclusive IR Member for:

  • Competition Law
Address
The Seagram Building 375 Park Ave #2607
New York 10152 United States

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Biography

Steve Levitsky is an antitrust and compliance lawyer with experience at major international law firms. He has

  • supervised complex and contested mergers for Fortune 500 companies (with second requests, divestitures, and econometric evidence), including 10 deals ranging from $10 billion to $16 bil-lion;
  • managed all antitrust issues in multi-jurisdictional mergers, including merger clearances across as many as 75 jurisdictions; managed local law firms and coordinated their activities; created global integration-planning programs for merging companies; and investigated local antitrust issues in targets’ operations, including price-fixing allegations;
  • designed antitrust, FCPA, and ethics compliance programs for Fortune 500 companies;
  • advised on antitrust market-conduct questions like distribution, bundling, and pricing, as well as antitrust issues in joint ventures, joint buying groups, trade associations, and other competitor collaborations; and
  • litigated price-fixing and other U.S. and global antitrust violations, including pay-for-delay cases.

Steve was included in antitrust “Super Lawyers” every year starting in 2002. He has won writing awards; written three books and over 75 articles; been extensively published in peer-reviewed journals; spoken at international antitrust and FCPA conferences in New York, Washington, Chicago, Bermuda, Mumbai, Beijing, and Hong Kong; and is frequently quoted in the legal media. Steve is currently editing the forth-coming Global Merger Clearance Handbook, which covers antitrust merger clearance practices in 60 juris-dictions.

 

Education

  • B.C.L. McGill University, Faculty of Law (Special Lecturer, McGill Medical School)
  • M.A., Ph.D. The Johns Hopkins University (Medieval Literature and Philosophy)
  • B.A. Hons. Acadia University (summa cum laude, Dean’s Lists, University Medal)

Experience
LeBoeuf Lamb Greene & MacRae; Dewey & LeBoeuf; and DLA Piper

Industries
Steve has supervised antitrust issues in over 50 industries, including financial services; insurance; energy; telecom; digital music; and pharmaceuticals (including pharmaceutical mergers and pay-for-delay cases).


Examples of Disputed Merger Work (all with “second requests” and econometrics)

  • In one transaction before the Department of Justice, he cleared a merger where the two parties had 100% of the market, by showing convincingly that there were no barriers to entry. Timing was essential, since the target was in bankruptcy, and other bidders tried to convince the court that our client would never get antitrust clearance.
  • In an energy transaction before the FTC, he headed a team of 6 economists and over 15 fact witnesses to clear a merger transaction in only 17 days (when the FTC's initial reaction was that the clearance would take months to clear, if at all). This was a gas pipeline acquisition, with po-tential upstream and downstream impacts. Timing was critical, since the seller needed to com-plete the sale to avoid triggering a cascading series of bankruptcies and employee layoffs.
  • In another high-profile deal before the FTC, he cleared a merger that the agency initially con-demned as a “three-to-two” merger, dangerously increasing concentration. Competing bidders told the FTC that they were better acquisition candidates with no antitrust problems. In spite of this, he used economic evidence to show both that there were no credible competing bids, and that the remaining competitors could still respond to constrain any hypothetical price increases. This was another bankruptcy situation, where urgent clearance was vital to preserve the value of the failing company. Steve was able to prevent the client from losing the bid to smaller com-petitors, who had told the bankruptcy court that they had an “antitrust advantage.”
  • Member of the transaction and litigation team in FTC v. Steris and Synergy (2015), 133 F.Supp.3d 962. The FTC moved for a preliminary injunction to block the merger. After a full hearing, the court ruled in our favor and the FTC abandoned its case. This was one of the very rare times that private parties defeated the FTC in a litigated merger battle.

Internal Investigations
Steve has conducted internal antitrust, FCPA, and other compliance investigations for Fortune 500 com-panies and reported directly to the General Counsel or the Board of Directors. He has supervised dam-age control situations; helped develop strategies to avoid serious legal or reputational risk; and then conducted ongoing compliance audits to make sure that the preventive programs were actually being carried out.

Writing Awards
Winner, 2012, “Best Business General Antitrust Article of the Year,” from The Institute of Competition Law (Concurrences). The judges for this award included Jon Leibowitz (then Chairman of the FTC); William Kovacic (former Chairman of the FTC); Alexander Italianer (European Commission’s Competi-tion Directorate General); and Frédéric Jenny (Judge on the Supreme Court of France).
Winner, 2012, “Best Article,” from The British Journal of Insurance Law.

Firm Description

Bona Law PC is a boutique law firm that concentrates on antitrust and competition, appellate litigation, business litigation, and challenges to government conduct. Jarod M. Bona, a Harvard Law School graduate and former federal appellate clerk, created the firm after practicing law for a dozen years at two major international law firms.

We are located in the San Diego, California area, but our reach is national and international and we routinely work with local counsel in other jurisdictions, as we are often brought into significant matters for our expertise. Our attorneys are active bar members in California, Minnesota, Virginia, and Washington, DC. We have substantial experience in state and federal trial and appellate courts and can handle matters ranging from the most complex antitrust disputes spanning multiple jurisdictions to basic breach-of-contract disputes. We also counsel clients on both antitrust and business litigation issues. We represent both plaintiffs and defendants.

Jarod Bona formed Bona Law PC with a strong understanding that the legal market is undergoing structural changes. Clients are increasingly looking for outstanding attorneys with major matter experience, but are sophisticated enough to understand that firms with different cost structures than the largest law firms have the flexibility to run their matters more efficiently without losing any effectiveness. In that spirit, Bona Law PC is dedicated to partnering with its clients to create custom strategies that take advantage of available technologies, third-party discovery resources, and if necessary our extensive network of highly qualified, experienced, and well-credentialed attorneys. We can quickly scale up or down to meet your needs.

We are on the forefront of developing a better way to practice law. But our primary focus is to provide our clients with outstanding value through the highest level of advice and advocacy.