OToole_John

John W. O'Toole

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OToole_John

John W. O'Toole

Counsel

Washington DC + 1 202 663 6256

John O’Toole focuses his practice on antitrust and competition matters. Mr. O’Toole has experience representing clients in a wide range of antitrust and competition matters, including criminal investigations, civil litigation, counseling, and merger review. Mr. O’Toole has particular experience at the intersection of antitrust and labor markets, representing numerous clients in civil and criminal investigations and civil litigation involving no poach, wage-fixing, and information exchange allegations. Mr. O’Toole has represented clients across multiple fields, with experience in financial services, technology, telecommunications, food and beverage and pharmaceutical industries. Mr. O’Toole also maintains an active pro bono practice focused on LGBTQIA+-related advocacy.

Prior to joining the firm, Mr. O’Toole was an antitrust and competition associate at another multinational law firm in Washington DC. During law school, Mr. O’Toole served as an intern for the US Securities and Exchange Commission Division of Enforcement.

Professional Memberships

Mr. O’Toole is a Vice Chair for the American Bar Association Antitrust Section’s Legislation Committee and a member of the Young Lawyers Task Force. He is also a member of the National LGBT Bar Association.

Experience

  • Investigations and Litigation

    • Represents large technology firm in defending against antitrust counterclaims alleging monopolization in violation of Section 2 of the Sherman Act.
    • Represents global food corporation in a class action alleging anticompetitive information exchange among meat processors in violation of Section 1 of the Sherman Act.
    • Represents large financial institution in investigations into its environmental, social, and governance (“ESG”) practices.
    • Successfully obtained dismissal with prejudice of Section 1 claims against marine and naval engineering consulting firm for alleged no poach conspiracy.
    • Successfully obtained injunction on behalf of pro bono client in as-applied challenge to state law barring transgender students from playing on sports team of their choice.
    • Successfully defended against summary judgment for generic pharmaceutical company challenging branded pharmaceutical’s contracting practices as a violation Section 2 of the Sherman Act, resulting in favorable settlement.
    • Successfully closed criminal grand jury investigation into hiring practices without enforcement action.
    • Represented a number of companies seeking leniency or otherwise being investigated for no-poach conduct.
    • Represented construction materials company in grand jury investigation alleging market allocation scheme, which was successfully closed without enforcement action.
    • Represented a generic pharmaceutical company in both civil litigation and criminal investigation alleging price-fixing for various molecules.
    • Represented individual defendant charged with involvement in alleged bid rigging conspiracy.

  • Merger Clearance

    • Represents ultra low-cost carrier airline in its application for antitrust immunity for a joint venture.
    • Successfully represented a wireless telecommunications provider in $26 billion merger including through Second Request process and challenge by coalition of state attorneys general, including serving as a key member of trial team.
    • Successfully represented beer company in acquisition of craft brewery consortium, including negotiation of divestiture resulting in no agency enforcement action.

  • Counseling

    Mr. O’Toole regularly counsels clients on antitrust compliance issues, including developing trainings and policies, particularly as they relate to information exchange and labor issues.

Recognition

  • Selected for inclusion in Best Lawyers: Ones to Watch (2024).
  • Mr. O’Toole was nominated for a 2021 Concurrences Antitrust Writing Award. 

Insights & News

View all of John's insights & news

Credentials

  • Education

    • JD, Harvard Law School, 2017

      Supervising Editor, Harvard Journal on Legislation

      Professional Liaison, Lambda Law

    • BA, Philosophy, Boston College, 2011

      summa cum laude

      Phi Beta Kappa

  • Admissions

    • District of Columbia

Credentials

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