Jim Burns is a partner in the firm's Litigation Section and chair of the Antitrust Practice Group. He has practiced antitrust law for over 20 years and has litigated antitrust and related claims in federal and state trial and appellate courts all across the country. Mr. Burns also advises clients on antitrust compliance issues and has represented clients before the DOJ Antitrust Division and the Federal Trade Commission on a wide variety of antitrust matters, including mergers. Mr. Burns has represented a broad spectrum of clients in antitrust matters, with a particular emphasis on the representation of clients in the insurance, health care and financial services industries. He has held leadership roles in the American Bar Association's Antitrust Section for many years, and is currently the vice chair of the Antitrust Section's Financial Services Committee.
Education
University of California at Los Angeles School of Law, J.D. - 1986
Colgate University, A.B.,
cum laude - 1983
Professional Affiliations
American Bar Association, Antitrust Section
- Vice Chair: Antitrust Section Financial Services Committee (2007-Present)
- Chair: Antitrust Section Insurance Industry Committee (2004-2007)
- Vice Chair: Antitrust Section Insurance Industry Committee (2001-2004)
Awards and Honors
American Bar Foundation, Fellow
Publications
Williams Mullen Insurance Antitrust Alert - July 2008
FTC Seeks to Block Northern Virginia Hospital Merger
The Fate of the Insurance Industry's Antitrust Exemption in Europe is Under Review
UnitedHealth/Sierra Merger Permitted to Proceed, With Conditions
Revised Reporting Thresholds Under the Hart-Scott-Rodino Act
Insurance Executives Convicted of Criminal Antitrust Violations
Louisiana Attorney General Accuses Insurers of Antitrust Conspiracy
House Judiciary Antitrust Task Force Holds Hearing on Pharmacy Antitrust Bill
European Commission Issues Business Insurance Sector Antitrust Report
FTC Issues Significant New Advisory Opinion on Clinical Integration
Legislation Permitting Physicians to Negotiate Jointly with Health Insurers Is Introduced in Congress
Supreme Court Rewrites the Rules on Resale Price Maintenance Agreements: The Leegin Case
Supreme Court Raises the Bar for Pleading Antitrust Conspiracies: The Twombly Decision
Round Two Goes to the Defendants: Plaintiff’s Antitrust Allegations in the Insurance Brokerage Antitrust Litigation Found Insufficient
Antitrust Compliance Programs: More Important Now Than Ever Before
McCarran Repeal Legislation Introduced in Congress
Co-Author,
The Insurance Antitrust Handbook, (Second Edition), published by the American Bar Association Antitrust Section
Contributing Author,
Antitrust Law Developments, (Sixth Edition), published by the American Bar Association Antitrust Section
Contributing Author,
2004 Annual Review of Antitrust Developments, published by the American Bar Association Antitrust Section
Co-Author and Editor,
The Insurance Policy, American Bar Assocation Antitrust Section Insurance Industry Committee Newsletter
Author and Editor, Williams Mullen
Antitrust Alert and
Insurance Antitrust Alert Newsletters
Recent Antitrust Presentations
Speaker, "The McCarran-Ferguson Act – Balancing Regulatory and Antitrust Policy," presented at the ABA Tort Trial & Insurance Practice Session/American Insurance Association program on Emerging Litigation and Regulatory Developments in Insurance Law, Chicago, Ill., November 2007
Program Chair, "McCarran in the Trenches: The In re Insurance Brokerage Litigation Decision," 2007 ABA Antitrust Section Annual Spring Meeting, Washington, D.C. April 19, 2007
Program Chair, "The Antitrust Laws and Insurance: Recent Developments and Core Principles," ABA Antitrust Section Insurance Committee Program, New York, New York, May 17, 2006
Speaker, "Insurance Relationships with Third Parties – Agents, Brokers and Providers – The Antitrust Issues," presented at the ABA Antitrust Section Insurance Committee Program, New York, New York, May 17, 2006
Program Chair and Moderator, "The Future of McCarran: In the Courts, In the Legislature and in the Field," ABA Antitrust Section Annual Spring Meeting, Washington, D.C. March 30, 2006
Program Co-Chair and Moderator, "State and Private Party Challenges to Insurance Industry Mergers," 2005 ABA Antitrust Section Annual Spring Meeting, Washington, D.C., April 1, 2005
Program Co-Chair and Moderator, "Most Favored Nations Clauses and other Contracting Issues for Health Insurers," 2004 ABA Antitrust Section Annual Spring Meeting, Washington, D.C. April 2, 2004
Program Chair, "The Antitrust Laws and Insurance; Recent Developments and Core Principles," ABA Antitrust Section Program at Fireman's Fund Insurance, Novato, California, April 30, 2004
Speaker, "Antitrust Issues Raised by Health Insurer/Provider Relationships," presented at the ABA Antitrust Section Program at Fireman's Fund Insurance, Novato, California, April 30, 2004
Representations
Antitrust Litigation Practice
- Represented an insurance industry client in an industry-wide antitrust conspiracy class action proceeding brought by a group of state attorneys general and private party plaintiffs. The matter was ultimately heard by the U.S. Supreme Court and redefined the contours of the insurance industry's McCarran-Ferguson Act exemption
- Represented a package courier services client alleged to have engaged in monopolization of several local and regional markets
- Represented a financial services client when a competitor challenged its exclusive dealing arrangements with its distributors
- Represented a franchisor against a class action challenge brought by a group of terminated franchisees, claiming that their terminations constituted unlawful refusals to deal
- Represented a healthcare industry client alleged to have engaged in vertical price fixing and a group boycott
Antitrust Counseling and Merger Practice
- Counseled clients on issues under the DOJ/FTC Guidelines on Collaborations with Competitors, Statements of Enforcement Policy in Health Care, Guidelines for the Licensing of Intellectual Property
- Performed antitrust audits and investigations for Fortune 500 clients
- Conducted numerous antitrust seminars and led discussion groups for corporate executives and staff-level employees in a wide variety of industries
- Assisted a packaging industry client complete a merger without the issuance of a "Second Request," despite an FTC staff recommendation to the Commission to challenge the transaction
- Assisted a financial services industry client complete a merger, without any divestitures, despite the issuance of a "Second Request" in the transaction