Todd Miller is the managing partner of Baker & Miller PLLC and practices in the areas of antitrust and international business regulation. Mr. Miller’s practice focuses on counseling clients on all aspects of antitrust and consumer protection law, including intellectual property licensing and enforcement, distribution practices, pricing and Robinson-Patman Act issues, antitrust exemptions and compliance. He has extensive experience before the Federal Trade Commission, the U.S. Department of Justice, various state antitrust agencies and international antitrust enforcement agencies in civil and criminal investigations and has substantial litigation and arbitration experience for both plaintiffs and defendants.
Mr. Miller is actively involved in a variety of criminal and civil governmental investigations and class action litigation. Many of these matters have an intellectual property or international focus. Currently, Mr. Miller serves as counsel for Dairy Farmers of America (DFA) in its U.S. class action defense and on DOJ matters. He is U.S. counsel for Tokai Rika, an auto parts manufacturer in the current global investigation and civil litigation in that industry. He was also U.S. counsel for Qantas in the air cargo criminal investigation and continues to defend it in associated civil litigation.
Mr. Miller has been heavily involved in acquisitions and joint ventures involving numerous industries, including agricultural products, financial services, telecommunications, oil and mining, industrial and defense products, aerospace, health care services and hospitals, household products, pharmaceuticals and biotechnology, intellectual property rights, medical devices, software, food, beverage and grocery products and distribution.
For over fifteen years, Mr. Miller has been on the faculty of the Washington College of Law at the American University in Washington, D.C., teaching International Antitrust Law and has taught and lectured at other universities, including the University of Wisconsin and Duke University. Mr. Miller has also written and spoken extensively on a variety of antitrust and related issues, including on European competition law, amnesty law programs, private remedies, international jurisdiction, pricing practices, and terminating distributors. He is the principal author of the U.S. merger regulation and co-author on multijurisdictional merger reporting chapters in International Mergers: The Antitrust Process (3d ed., Rowley & Baker, eds.). He has been named by several publications as one of leading competition lawyers in the world, and his firm is widely recognized as one of the leading competition firms.
Mr. Miller received a B.A. in economics with distinction from the University of Virginia and a J.D. with honors from the University of Michigan Law School.
For the first time, a private party has successfully challenged an acquisition and obtained an order requiring a divestiture of a company that had been acquired years before the case was filed. In a highly anticipated decision, a court of appeals has affirmed that order. The decision serves as a stark reminder of the antitrust litigation risk that the acquiring party to a transaction faces, potentially even years after the transaction closes.
The Hart-Scott-Rodino Antitrust Improvements Act (as amended) is the pre-merger notification statute for the United States. The Federal Trade Commission (FTC) recently announced that the minimum threshold will be adjusted to $92 million for transactions consummated on or after 4 March 2021. Moreover, the FTC has announced that it is temporarily suspending the grant of early terminations to allow the agency to review "the processes and procedures used to grant early termination".
In December 2020 the Antitrust Division of the US Department of Justice (DOJ) indicted an individual employer owner, for the first time, for agreeing with a competing owner to reduce the wages that their workers were being paid. Moreover, on 5 January 2021 the DOJ indicted a corporation for conspiring with two competing employers to allocate a medical employment market by agreeing not to solicit each other's senior employees. These rapid-fire developments are of critical importance to all companies.