People

Overview

Tom Carter is an Associate in the firm's Antitrust and Competition Practice. Mr. Carter uses his experience with major antitrust litigation, internal investigations, and familiarity with both the DOJ and FTC regulatory processes to advise clients on all aspects of U.S. antitrust law. Mr. Carter has assisted with antitrust clearance for transactions in industries ranging from software and consumer products to oil and gas, including clearance without conditions after issuance of a Second Request.

Prior to joining Baker Botts, Mr. Carter served as a Trial Attorney with the U.S. Department of Justice, Antitrust Division. While at the Division, Mr. Carter was involved in all phases of investigation and litigation, examining both mergers and potentially anticompetitive conduct. Mr. Carter was honored to receive the Assistant Attorney General's Award of Distinction two years in a row for his role in prosecuting two such cases up to and through trial. Mr. Carter also served during law school as a legal intern for former FTC Commissioner Julie Brill.

As a classically-trained violist in his "previous life," Mr. Carter enjoys playing chamber music (particularly string quartets) and supporting the career of his wife Ellen, a professional pianist.

Admission & Affiliations

  • District of Columbia Bar
  • New York State Bar
  • J.D., New York University School of Law 2013
    Dwight D. Opperman Scholar
  • Master of Music, Viola Performance, University of Michigan 2009
  • Bachelor of Music, Music Theory, University of Michigan 2007

Experience

  • Represented National Oilwell Varco in its 2018 acquisition of Vallourec S.A.’s drilling products division. The DOJ cleared the transaction without conditions after a 2-month investigation.
  • Represented RealPage, Inc. in its 2017 acquisition of multifamily software assets from The Rainmaker Group. The DOJ cleared the transaction without conditions after issuance of a Second Request and an 8-month investigation.
  • Represented a major automotive parts company as part of an extensive internal investigation to identify and contain risk from potential anticompetitive conduct.

While at the Antitrust Division, Mr. Carter was involved in several investigation, litigation, and trial teams that:

  • Challenged Tribune Publishing’s attempted acquisition of Freedom Communications. The court granted a Temporary Restraining Order and Freedom was sold to a different buyer. United States v. Tribune Publishing Co., No. 2:16-cv-01822-AB-PJW (C.D. Cal. Mar. 18, 2016).
  • Challenged Electrolux’s proposed acquisition of General Electric Appliances. The parties abandoned the deal after four weeks of trial.
  • Challenged American Express’ merchant anti-steering rules under the Sherman Act. After a seven-week trial, the court issued an injunction barring enforcement of the rules. United States v. Am. Express Co., No. 1:10-cv-04496-NGG-RER (E.D.N.Y. Apr. 30, 2015).
  • Challenged the proposed merger of American Airlines and U.S. Airways. A few weeks before trial, the merging parties agreed to divest certain assets under a Consent Decree.
  • Examined proposed mergers and potentially anticompetitive conduct in a variety of industries.

Awards and Community

Antitrust Division Award of Distinction, 2014 & 2015