James M. Burns

Jim Burns is Co-Leader of the firm's Antitrust Practice Group.

Mr. Burns has focused his practice on antitrust law for over 25 years. During that time, he has litigated antitrust and related claims in trial and appellate courts all across the country, advised clients on antitrust compliance issues, and represented clients before the DOJ Antitrust Division and the Federal Trade Commission on a wide variety of antitrust matters, including mergers and governmental investigations. While his antitrust practice is broad-based, he has had a particular focus on the representation of healthcare and insurance industry clients in antitrust matters.

Antitrust Litigation

• Represented a large North Carolina health insurer alleged to have engaged in unlawful “monopsony” conduct; all claims dismissed pretrial
• Represented a large Ohio health insurer accused of orchestrating a boycott of an insurance agent; all claims dismissed pretrial and affirmed on appeal by the 6th Circuit
• Represented a large healthcare provider unlawfully denied certification by a national certifying organization; case settled with client receiving the certification it sought

Antitrust Counseling  

• Advised healthcare clients on a host of antitrust issues, including antitrust issues arising in connection with group purchasing organizations, messenger models, accountable care organizations and physician/hospital organizations
• Advised technology companies on antitrust issues raised by licensing restrictions, patents and other intellectual property rights
• Conducted antitrust compliance training for numerous Fortune 500 companies in a wide range of industries, including insurance, healthcare, construction, aggregates and finance

Merger Compliance

• Assisted large healthcare system in obtaining merger approvals (HSR) for several acquisitions throughout the Southeastern U.S
• Assisted several insurers and insurance brokers in gaining regulatory approval for mergers and/or divestitures
• Assisted international client in obtaining both domestic and international merger approvals for its sale to third party; approvals obtained from merger authorities in the U.S., Italy and Brazil
  
  

• American Bar Association, Antitrust Section
  • Vice Chair, Legislative Committee (current)
  • Chair, Insurance Industry Committee (former) 
  • Vice Chair, Exemptions and Immunities Committee (former) 
  • Vice Chair, Financial Services Committee (former)
  • Vice Chair, Insurance Industry Committee (former)
• DRI Commercial Litigation Committee 
  • Chair, Antitrust, Consumer Protection and Distribution Specialty Practice Group (current)
  • Chair, Antitrust Specialty Group (former)
  • Vice Chair, Antitrust Specialty Group (former)
• TagLaw
  • Co-Chair, Antitrust and Competition Committee (former)
• BNA Pharmaceutical Law Reporter
  • Advisory Board Member (current)

Published Works

• Co-Author, “An Unwelcome “Gift” That Keeps on Giving: Why Settling a DOJ Antitrust Investigation Rarely Puts an End to a Corporation’s Antitrust Problems.” The Business Suit (DRI) (April 10, 2013).
• Co-Author, "DOJ Pursues Employers Trying to Limit Employees' Ability to Seek More Lucrative Jobs," Society of Human Resource Professionals Online, December 28, 2012.
• Author, "Third Circuit's K-DUR Antitrust Litigation Decision Delivers a Long-sought Win for the FTC," Med Monthly Medical Magazine, October 31, 2012.
• Author, "Federal Antitrust Review Applies to Health Insurance Mergers," Managed Healthcare Executive, October 1, 2012.
• Co-Author, "Inside the FTC-DOJ Annual Report", Competition, M&A and Public Policy Law360, Published August 21, 2012.
• Author,"Supreme Court to Hear FTC Challenge to Georgia Hospital Merger" The Business Suit (DRI) (August 21, 2012)
• Co-Author,"Will Corporate America Say "We're Not in Kansas Anymore" After the Kansas Supreme Court's Antitrust Decision in O'Brien v. Leegin?," The Business Suit (DRI) (July 31,2012)
• Co-Author,"Kansas Manufacturers May Face Additional Risk Under Recent Antitrust Precedent," The Wichita Eagle (May 31, 2012)
• Co-author of the ABA Antitrust Section’s “Insurance Antitrust Handbook” (First and Second editions), a leading treatise on the application of the antitrust laws to the insurance industry
• Contributing author to Antitrust Law Developments (Sixth and Seventh editions), the ABA Antitrust Section’s multi-volume treatise on the antitrust laws
• Guest columnist on antitrust issues to numerous publications, including Competition Law360, Health Law 360, Insurance Law360, The Business Suit (DRI) and the Hampton Roads Business Journal

Recent Presentations

• Speaker, "FTC v. Phoebe Putney Health System and the State Action Doctrine," DRI annual Business Litigation Seminar, Chicago, May 2013
• Presenter, "Antitrust Pitfalls for Manufacturer Imposed Requirements," Strafford Publications Webinar, April 16, 2013
• Participant, "Virtual Roundtable: Competition & Antitrust," October 2012
• “Hot Antitrust Topics for 2012,” presented at the DRI Annual Meeting, November 2011
• “Recent Developments in Insurance Antitrust, the In re Insurance Brokerage Antitrust Decision,” ABA Antitrust Section Webinar, October 2010
• “Recent Antitrust Developments,” presented at the Ernst & Young Richmond General Counsel Roundtable, September 2010
• Presenter, "The European Commission's New Block Exemption for the Insurance Industry: Will It Have Trans-Atlantic Repercussions?" ABA Antitrust and International Section Webinar, June 4, 2010
• “Health Insurance and the Antitrust Laws,” District of Columbia Bar Association presentation, May 2010
• “The McCarran-Ferguson Act: Balancing Regulatory and Antitrust Policy,” presented at the ABA Tort Trial & Insurance Practice/American Insurance Association program on Emerging Litigation and Regulatory Developments in Insurance Law, November 2007

Media Mentions

• James M. Burns Comments on the "Antitrust Cases to Watch in 2013" for Several Legal Publications, January 2013
• James M. Burns Comments on the Supreme Court’s Decision to Hear the Androgel “Pay for Delay” Pharmaceutical Patent Settlement Antitrust Case, December 2012
• James M. Burns Provides Insights on the FTC's Amicus Filing in the Doryx Case for the BNA Pharmaceutical Law and Industry Report, December 2012
• James M. Burns Quoted in the Minneapolis Star Tribune on the Antitrust Merger Review Process and "Second Requests," November 2012
• James M. Burns Comments on the FTC's Efforts to Obtain Supreme Court review of the Androgul Antitrust Case, October 2012
• James M. Burns Comments on the K-Dur Antitrust Litigation Decision
• James M. Burns Joins Dickinson Wright as Member

• Prior to joining Dickinson Wright, Jim Burns was the Chair of the Antitrust Practice Group at Williams Mullen P.C.