David K. Park Special Counsel MAIN OFFICE: New York Willkie Farr & Gallagher LLP 787 Seventh Avenue New York, N.Y. 10019-6099, U.S.A. T 212-728-8760 F 212-728-9760

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David K. Park is special counsel in the Litigation Department of Willkie Farr & Gallagher LLP in New York where he focuses on antitrust matters. Mr. Park advises and represents clients regarding the antitrust aspects of mergers and acquisitions, joint ventures, and other transactional matters, governmental investigations, and litigation. His experience spans a wide variety of industries, including, in particular, pharmaceuticals, information services, insurance, and consumer products. Mr. Park frequently assists clients in navigating multiple jurisdictions, including, in particular the EU, in various antitrust and competition contexts.

Mr. Park has extensive experience in guiding competitively sensitive transactions through the requisite merger review processes in the U.S. and other jurisdictions. He has a record of obtaining regulatory clearances in the initial phase of merger reviews, but is also experienced in negotiating remedial agreements with enforcement agencies where necessary and in merger litigation. Mr. Park appears regularly before the Federal Trade Commission and the Antitrust Division of the Department of Justice in connection with substantial acquisitions.

Mr. Park, who holds a Master’s Degree in Economics, provides sophisticated, pragmatic advice to a broad range of clients regarding all facets of antitrust law, with particular expertise regarding competitor collaborations and the intersection of intellectual property and antitrust law. He also has substantial experience in defending clients who are the subject of antitrust investigations and litigation, including cases involving alleged violations of Sections 1 and 2 of the Sherman Act, Section 7 of the Clayton Act, Section 5 of the FTC Act, and state antitrust laws.

Mr. Park is endorsed as a leading New York antitrust lawyer by PLC’s Cross-Border Competition Handbook (2008-2011).

Mr. Park is an Associate Editor of the Antitrust Law Journal and a member of the Antitrust Leadership of the Section on Antitrust Law of the ABA. Mr. Park is a Fellow of the American Bar Foundation. He is also a past member and past secretary of The Antitrust & Trade Regulation Committee of The Association of the Bar of the City of New York.

Mr. Park advised on the following matters:

Mergers & Acquisitions

• Teva’s proposed collaboration with Procter & Gamble in the United States and worldwide regarding the manufacture and distribution of over-the-counter pharmaceuticals.
  
  
• H&R Block’s proposed acquisition of TaxACT, which is the subject of a court challenge by the Department of Justice.
  
  
• MedAsset’s $850 million acquisition of Broadlane, a merger of two leading GPO’s.
  
  
• Teva’s international competition interests in its $5 billion acquisition of ratiopharm, a European-based pharmaceutical competitor.
  
  
• Teva in its $9 billion acquisition of Barr Pharmaceuticals Inc., successfully obtained clearances from antitrust authorities in the U.S. and the EU (both subject to limited divestitures) and other countries.
  
  
• Teva in its $8 billion acquisition of IVAX Corporation, successfully obtained clearances from antitrust authorities in the U.S. (subject to limited divestitures), Europe, and Latin America.
  
  
• Stiefel Laboratories Inc., a leading dermatology company, in its $3.6 billion acquisition by GlaxoSmithKline plc. Mr. Park also successfully represented Stiefel in multiple prior transactions, including Stiefel’s acquisitions of Barrier Therapeutics, Inc. and Connetics Corporation.
  
  
• TomTom N.V., a leading manufacturer of personal navigation devices, in its $3.3 billion acquisition of TeleAtlas N.V., a leading digital map maker, successfully obtained clearance without remedies from U.S. DOJ.
  
  
• Techtronic Industries Limited in its acquisition of Hoover’s competing vacuum business from Whirlpool Corporation and in successfully and promptly obtaining approval from federal and state antitrust enforcement authorities.
  
  
• A major dermatology company in its $640 million acquisition of another dermatology company, and in successfully obtaining clearance from the U.S. antitrust authorities without the issuance of a "Second Request."
  
  
• A specialty retailer in obtaining clearance, without the issuance of a "Second Request," from the FTC in connection with a $1.4 billion merger between the only two national specialty retailers of video games and related equipment.
  
  
• Teva in its $3.4 billion acquisition of Sicor and in successfully obtaining clearance from antitrust authorities in the U.S. and Europe.

Counseling, Investigations, and Litigation

• Competitors engaging in collaborations that are subject to different legal treatment under U.S. and EU law (multiple industries).
  
  
• A pharmaceutical company regarding cutting-edge issues relating to potential antitrust claims in the context of Orange Book "use codes."
  
  
• An insurance company in counseling regarding antitrust issues, including mergers & acquisitions, antitrust compliance, and issues relating to innovative collaborations involving competitors.
  
  
• A leading information services company regarding antitrust and related competition/regulatory issues.
  
  
• A major global company in developing and implementing potential legal and regulatory challenges in response to "patent ambush," in the context of a leading standard-setting organization, by another company.
  
  
• A pharmaceutical company regarding antitrust issues, including aspects of various patent litigation settlements.
  
  
• A leading patent holder in a building products business regarding antitrust issues relating to various patent litigation settlements involving competitors.
  
  
• A leading patent holder in a medical device business against Walker-Process type antitrust claims brought against it by Complaint Counsel for the FTC.
  
  
• A joint venture in connection with investigations conducted by the U.S. DOJ and the EU regarding online music services.
  
  
• Teva, as plaintiff, in private antitrust litigation that was settled favorably for Teva.

Mr. Park writes and speaks frequently on antitrust issues. Representative articles and speaking engagements include the following:

• "Examining the Potential Acquisition of a Generic Manufacturer," Co-presenter at 6th Annual In-House Forum on Pharmaceutical Antitrust, American Conference Institute, May 10-11, 2011
  
  
• "Lessons From Delta/AirTran and U-Haul: Charting Your Own Course And Exercising Discretion Avoids Antitrust Trouble," The Antitrust Counselor, ABA Section of Antitrust Law’s Corporate Counseling Committee, (January 2011)
  
  
• "Proof of Conspiracy Under Federal Antitrust Laws," co-authored chapter of book published by the Antitrust Section of the ABA (2010)
  
  
• "En Banc Federal Circuit Decision Clarifies Permissible Conduct By Patent Pools And Other Joint Ventures Under The Patent Misuse Doctrine," co-authored, The Metropolitan Corporate Counsel (December 2010)
  
  
• "Case Study: Princo Corp. v. ITC," co-authored, IP,Competition and International Trade Law360 (Apr. 23, 2010)
  
  
• "Mergers Involving Distressed Firms—An Antitrust Practitioner’s Toolkit," co-authored, Antitrust Report, Matthew Bender (2009)
  
  
• "Dealing With Antitrust Enforcement Agencies: Preparation, Respect And Practical Judgment," co-authored chapter, Working With Government Agencies In Antitrust Law: Leading Lawyers On Responding To Investigations, Managing Interactions With Agencies, And Understanding Enforcement Trends (Inside The Minds), Aspatore Books (2008)
  
  
• "FTC And DOJ Issue Joint Report Regarding Antitrust Enforcement And Intellectual Property Rights," co-authored, The Metropolitan Corporate Counsel (August 2007)
  
  
• "The ‘Two-Sided Market’ Literature Enriches Traditional Antitrust Analysis," co-authored, 3 Competition Policy International 211 (Spring 2007), available athttp://www.globalcompetitionpolicy.org/index.php?&id=432&action=907
  
  
• "Viewpoint: Weyerhaeuser v. Ross-Simmons: The U.S. Supreme Court Rules That the Brooke Group Predatory-Pricing Test Applies to Predatory Bidding," co-authored, eSapience Center For Competition Policy, Feb. 2007, available athttp://eccp.esapience.org/index.php?&id=502&action=600
  
  
• "The Approach To Intellectual Property In Merger Cases In The EU And The U.S.—Convergence Or Divergence?" Speaker at the IBC Global Conference On Competition Law And Intellectual Property, June 9, 2005, in Brussels
  
  
• "Healthcare Antitrust in the U.S.: High Stakes and Uncertain Bounds," co-authored, The Antitrust Review of the Americas 2004, Global Competition Review
  
  
• "The FTC’s Use Of Disgorgement In Antitrust Proceedings Threatens To Undermine The Efficient Enforcement Of Federal Antitrust Law," co-authored, The Antitrust Source, Sept. 2002, available athttp://www.abanet.org/antitrust/at-source/02/09/09-02.html