Thomas Lang

Practices

Education and Clerkships

J.D., Cornell Law School, 1995

M.A., Georgetown University, 1992

A.B., Princeton University, 1988

Admissions

District of Columbia

New York

Court Admissions

United States Supreme Court

U.S. Court of Appeals for the District of Columbia Circuit

U.S. District Court for the Southern District of New York

U.S. District Court for the District of Columbia

U.S. District Court for the District of New Mexico

Profile

Thomas Lang brings together unique experience in government, private practice and academia to solve complex antitrust and competition law problems for clients.

Tom’s experience in antitrust law has led to his appointment to senior leadership positions in the Antitrust Law Section of the American Bar Association. He has previously served as Chair of the Business Torts and Civil RICO Committee, Vice Chair of the Trial Practice Committee, and is currently Vice Chair of the Compliance and Ethics Committee. He has taught an antitrust law course at Cornell Law School and is a frequent speaker and legal writer on a wide variety of antitrust issues ranging from hospital merger analysis to employee non-compete agreements. In his time as Senior Litigation Counsel at the Federal Trade Commission (FTC) in 2006-2008, Tom led trial teams in several high-profile antitrust merger challenges in the healthcare, gasoline refining, and supermarket industries. He is one of only a handful of attorneys nationwide with first-chair merger trial experience.

Tom draws on his broad and deep antitrust experience to deftly advise domestic and international companies across the entire spectrum of antitrust and competition law issues. His experience includes navigating international price-fixing cases, allegations of predatory or discriminatory pricing, monopolization claims, class actions, multi-district litigation, state court indirect purchaser litigation, and civil and criminal investigations by the FTC and the Antitrust Division of the U.S. Department of Justice.

Recently, Tom obtained dismissal of federal antitrust monopolization claims asserted against a major international electronics manufacturer of USB devices. The dismissal was subsequently upheld on appeal by the U.S. Court of Appeals for the Second Circuit. Tom has also obtained U.S. antitrust merger clearance for several major domestic and overseas manufacturing companies in transactions valued in the hundreds of millions of dollars.

Before law school, Tom was a professional staff member on the U.S. Senate Select Committee on POW/MIA Affairs. He also served for 15 years as a Military Intelligence Officer in the U.S. Army Reserves and Army National Guard, ultimately rising to the rank of Major. Tom has dedicated substantial pro bono time to representing military personal asserting re-employment rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). In his spare time, Tom enjoys coaching and officiating youth soccer.

Professional Recognition

  • Distinguished Practitioner in Residence, Cornell Law School, 2008
  • Recipient, FTC Meritorious Service Award, 2007
  • Recipient, FTC Janet D. Steiger Award, 2008

Aviation

Transportation

DOT Imposes Conditions While Granting Antitrust Immunity to Delta’s Aeromexico Alliance

In a final order issued on December 14, 2016, the U.S. Department of Transportation (“DOT”) granted conditional antitrust immunity to a proposed alliance agreement between Delta Air Lines, Inc. (“Delta”) and Aerovias de Mexico, S.A. de C.V. (“Aeromexico”) with the two carriers agreeing to meet stringent conditions for DOT approval.

Professional and Community Activities

  • American Bar Association; Vice Chairman, Compliance and Ethics Committee, Antitrust Law Section, 2015-present; Vice Chairman, Trial Practice Committee, Antitrust Law Section, 2012-2015; Chairman, Business Torts & Civil RICO Committee, Antitrust Law Section, 2009-2012 and Vice Chairman, 2006-2009; Vice Chairman, Books & Treatises Committee, Antitrust Law Section, 2003-2006
  • Member, International Association of Privacy Professionals
  • Member, Inter-Pacific Bar Association
  • Member, American Health Lawyers Association

Selected Publications and Speeches

  • “Competitive Intelligence Sources and Methods for Antitrust Lawyers,” speaker, ABA Section of Antirust Law, February 10, 2016.
  • “Hubs, Spokes and Slots: The Do’s and Don’ts of Competition Law in Slots Coordination,” presentation materials for International Air Transport Association’s 136th Slot Conference, June 23, 2015.
  • "Monthly Antitrust Update for In-house Counsel," co-presenter, ABA Antitrust Section’s Corporate Counseling Committee, June 3, 2014.
  • "Antitrust Evolution, Healthcare Revolution: Can the Law Keep Up?" co-presenter, 47th Annual Lawyers Conference of the Blue Cross Blue Shield Association, October 28, 2013.
  • "If You Don't Steal My Employees, I Won't Steal Yours: The Antitrust Treatment of Non-Poaching and Non-Solicitation Agreements," panelist, ABA Section of Antitrust Law (Business Torts and Civil RICO Committee) and ABA Section of Litigation (Business Torts Committee), June 12, 2013.
  • "Applying Settlement Offsets to Antitrust Judgments," session chair and moderator, ABA Antitrust Section Spring Meeting, April 8, 2013.
  • "Recent FTC Hospital Merger Challenges: An Update," co-author, ABA Antitrust Section's Antitrust Health Care Chronicle, September 2012.
  • ABA Antitrust Section's Health & Pharmaceutical Committee's Recent Developments Series Presentation, June 13, 2012.
  • "Antitrust in Health Care and Insurance," MCLE Presentation, May 11, 2012.
  • "FTC Hospital Merger Challenges in 2011 Produce Mixed Outcomes," co-author, ABA Antitrust Section's Antitrust Health Care Chronicle, March 2012.
  • "Principles of U.S. Antitrust Law," presenter, Tze Chiang Foundation of Science & Technology, Taipei, Taichung and Hsinchu (Taiwan), April 13-15, 2011.
  • "Patent Hold Up: When Does the Abuse of a Private Standard Setting Process Amount to Actionable Conduct Under Section 2 of the Sherman Act or Deception Under Section 5 of the FTC Act?" panelist, CLE Program of the Antirust Committee of The Philadelphia Bar Association, September 21, 2010.
  • "Pleading Standards Post-Iqbal: Litigation Trends," Strafford Publications lecture, July 15, 2010.

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