Keith Klovers

Counsel

Washington, D.C.
keith.klovers@lw.com
+1.202.350.5310

PRACTICES

  • Antitrust & Competition
  • Litigation & Trial

INDUSTRIES

  • Entertainment, Sports & Media
  • Healthcare & Life Sciences
  • Retail & Consumer Products
  • Technology

BAR QUALIFICATIONS

  • District of Columbia

EDUCATION

  • JD, University of Michigan Law School, 2012
    Executive Editor, Michigan Law Review
  • BA in Economics & Government, College of William & Mary, 2007
    Highest Honors in Economics, James Monroe Scholar

PROFILE

Keith Klovers, former advisor to FTC commissioners Christine S. Wilson and Maureen K. Ohlhausen, represents companies in complex merger reviews, government conduct investigations, and civil antitrust litigation, as well as in complaints brought by US antitrust enforcers.

Keith represents companies in highly scrutinized industries, including healthcare, life sciences, and technology, before the US DOJ and FTC. He leverages an impressive track record of successfully obtaining merger clearances, including unconditional clearances without remedies for high-profile mergers, resolving conduct investigations, and defending clients in antitrust litigation and on appeal before the US government.

Complementing his extensive experience advising clients on day-to-day antitrust issues, he has provided specific guidance to clients related to the antitrust considerations of IP licensing, Robinson-Patman Act compliance, and dual distribution arrangements.

During his tenure at the FTC, Keith advised the commissioners on more than 100 merger reviews and conduct investigations, including litigation, settlements, and Part 3 opinions, and advised on several significant antitrust policy initiatives. Keith also clerked for judge Douglas H. Ginsburg on the US Court of Appeals for the District of Columbia Circuit.

A prolific writer on current and innovative antitrust trends, his numerous articles can be found in the Antitrust Law Journal, Michigan Law Review, George Mason Law Review, Journal of Antitrust Enforcement, Antitrust Magazine, Health Affairs, and the Journal of Economic and Development Studies, among others.

EXPERIENCE

Keith's experience includes representing:

Mergers

  • ForgeRock Inc. in its US$2.3 billion acquisition by Thoma Bravo LLC, which closed without conditions following a Second Request*
  • Tronox Holdings PLC in its US$1.7 billion acquisition of Cristal, which closed with divestitures following litigation*
  • Teva Pharmaceuticals in its US$40.5 billion acquisition of Allergan’s generics business, which received the 2017 Global Competition Review award for Merger Control Matter of the Year – Americas*
  • Leap Wireless and Cricket Communications in their US$4 billion acquisition by AT&T*
  • ABL Bio Ltd. in a biotechnology research collaboration agreement with Sanofi*
  • Recursion in a biotechnology research collaboration agreement with Roche and Genentech*

Investigations

  • A life sciences client in a Robinson-Patman Act investigation by federal antitrust agencies*
  • A distributor in a FTC Act Section 5 investigation*

Litigation

  • A large technology company in pending Section 2 litigation*
  • Mylan in a case involving whether certain exclusive pharmaceutical contracts violate the Sherman Act; successfully opposed Petition for Certiorari (Sanofi-Aventis US, LLC v. Mylan, Inc. US 2022)*
  • Argued as court-appointed amicus curiae before the D.C. Circuit (Webster v. Del Toro, No. 21-5040, D.C. Cir. 2022)*

*Matter handled prior to joining Latham