FIRM PROFILE

 

PARTNERS

Founded in 1995, Baker & Miller PLLC (“the Firm”) focuses on antitrust, international business and transportation regulation issues.  Senior partner Donald I. Baker is a former Assistant Attorney General in charge of the Antitrust Division of the U.S. Department of Justice (“DOJ”) and Professor of Law at Cornell University.  Mr. Baker is regularly honored by numerous national and international publications and organizations as a leading antitrust lawyer. Managing partner W. Todd Miller is also an internationally recognized competition attorney and has been named by the Global Competition Review as one of the leading competition lawyers in the world. He teaches International and Comparative Antitrust Law at the Washington College of Law at American University. The Firm’s third partner, William A. Mullins, is recognized as a leading transportation practitioner. He also has an active governmental affairs practice and regularly consults with Congress and federal agencies.

 

EXPERIENCE

Baker & Miller is frequently engaged in matters which require substantial experience, knowledge and judgment with regards to the international application of competition laws and the U.S. transportation regulatory system. The Firm routinely works with lawyers outside the U.S. in representing targets and complainants in competition law proceedings in Canada, Europe, Scandinavia and elsewhere. International projects include mergers and joint ventures, civil investigations, criminal investigations, counseling, litigation and arbitration.

 

The Firm regularly assists clients with all aspects of U.S. competition and transportation law and policy, including distribution and pricing practices, collaboration with competitors, marketing and other practices of the client’s competitors. We represent clients on a recurring basis in intellectual property antitrust, electronic banking and other networks, as well as agreements involving agricultural cooperatives and labor unions.  While the Firm has handled competition law and policy matters of virtually every type, we have tremendous experience in the following areas: mergers, cartels, counseling, and litigation. 

 

Our attorneys specializing in transportation regulation have legal expertise and industry knowledge of issues impacting domestic and international asset-based carriers, and the users of those systems, covering all modes and types of proceedings—from litigation in state and federal courts involving cargo claims, the interplay between federal and state authority, declaratory orders, breach of contract claims, antitrust violations, and appeals, just to name a few. 

 

The Firm has steady involvement in DOJ and Federal Trade Commission (“FTC”) merger proceedings and civil investigations, representing both targets and complainants. International cartel investigations by DOJ are a source of special concern to foreign clients, and the Firm is actively involved in several such matters. The Firm also has substantial experience before the Department of Transportation (“DOT”) and the Surface Transportation Board (“STB”). In addition, we have experience conducting and participating in numerous appellate matters before the federal courts of appeals and the U.S. Supreme Court.

 

Because private litigation and arbitration is so important to the United States’ system of antitrust and competition enforcement, the Firm actively brings and defends such cases. This is often done on a team basis with a larger firm of litigators which we often help select.

 

OUR PHILOSOPHY

The Firm strives to work with clients as an important part of the overall legal team, where our non-leveraged, client-oriented approach to the practice of law can be most valuable.  We do not take on all matters, but will accept work only when we have the ability to ensure that one of the partners has sufficient availability to be substantially involved in providing the legal services.  We treasure close, team oriented relationships fostered by strong relationships with our clients more than we desire to secure the most profitable or highly leveraged assignments on an ad hoc basis.

 

Our substantial expertise in all areas of antitrust and our efficiency-driven approach to the practice of law makes us well-suited for day-to-day or intermittent counseling projects.  We pride ourselves on providing objective, but to the point, practical legal advice.  Unless specifically requested by the client, we do not prepare lengthy legal memoranda.  Our counseling activities have traditionally covered such topics as: pricing, intellectual property, strategic alliances, international risks, and distribution.