Elai Katz continues to impress market commentators with his top-tier handling of monopolisation cases and contentious antitrust proceedings.
Elai leads Cahill’s antitrust practice and focuses his work on a wide range of antitrust law matters, including litigation, mergers and acquisitions, counselling and government investigations.
Elai has represented clients in a variety of antitrust disputes, including complex class actions alleging price fixing and monopolisation, as well as matters involving distribution arrangements and price discrimination. Significant matters include representation of global banks in LIBOR, FX and interest rate swaps-related litigation and investigations, defending online media companies in a suit alleging anticompetitive conduct in the setting of pay-per-click fees, and defending against exclusive dealing and monopolisation claims in NicSand v 3M before the US Court of Appeals for the Sixth Circuit. Elai submitted a friend-of-the-court brief to the US Supreme Court in Ohio v American Express on behalf of two leading economics professors. The brief urged the court to reject a rigid approach that would require the lower courts to restrict their analysis to only one side of a two-sided market and played a significant role in the Supreme Court’s decision, which cites the economists’ work repeatedly throughout the opinion.
Elai advises clients on mergers and acquisitions, joint ventures, distribution and marketing arrangements and pricing policies, participation in trade association activities and interaction with competitors. He has successfully guided a broad range of transactions through the antitrust regulatory review process in the US and abroad, including Rayonier’s acquisition of Tembec and Arch Capital’s acquisition of United Guaranty from AIG. He has extensive experience appearing in front of enforcement and regulatory agencies including the FTC, DOJ and CFIUS. He has represented buyers and sellers, as well as financing sources and investors, in many industries, including financial services, insurance, pharmaceuticals, media and telecommunications and online retailing. Elai has a strong record in obtaining quick and positive resolutions during the early phases of merger reviews and is particularly attuned to the role global antitrust approvals play in negotiating and completing mergers and acquisitions.
Elai is recognised as a leading antitrust lawyer by Chambers USA, Benchmark Litigation and Who's Who Legal: Competition.
Elai writes and speaks frequently on antitrust topics. He writes a bi-monthly column in The New York Law Journal reporting and commenting on antitrust law developments in the US and overseas. He is the author of entries on joint ventures, financial institutions and insurance in several editions of the Annual Review of Antitrust Law Developments (one of the leading antitrust treatises) and a chapter on the Donnelly Act in the New York State Bar Associations' New York Antitrust and Consumer Protection Law (Third Edition). Elai is a regular participant, as a panellist and moderator, at the annual meeting of the New York State Bar Association and the ABA's Spring Meeting.
He is vice chair of the corporate counselling committee of the American Bar Association's antitrust section and served as chair of the New York State Bar Association’s antitrust section. He is also a trustee of the Yale Library Associates.
Elai joined Cahill as an associate in 1997 and became a partner in 2005.