Downey Law Boston Antitrust CounselDowney Law LLC Logo

High-Caliber Counsel with a Positive Attitude

And Enthusiasm for Practical Problem-Solving

Alicia Downey is an antitrust lawyer who focuses on helping companies manage their relationships with distributors, resellers, and competitors.

With nearly 25 years of broad-ranging experience as an antitrust litigator and advisor, Alicia offers clients the expertise and sophistication of a big law firm with the responsiveness and flexibility of a boutique.

Alicia is dedicated to providing practical advice backed by thoughtful analysis of complex legal issues and real world experience. She works with a wide range of clients, from major global enterprises to mid-sized and smaller U.S.-based businesses and individual business owners.

In contested matters, Alicia is a proactive and powerful advocate with experience trying cases before judges, juries, and arbitrators. A former law clerk to a justice of the Supreme Judicial Court of Massachusetts, she has extensive knowledge of Massachusetts federal and state court practice and procedures.

 

Alicia L. Downey

Direct:  617.444.9811

Email:   alicia@downeylawllc.com

Address:

Downey Law LLC
155 Federal Street, Suite 300
Boston, MA 02110

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Areas of Practice

  • Antitrust Counseling
  • Antitrust Compliance Policies and Training
  • Marketing and Distribution Law
  • Commercial Litigation and Appeals

Alicia L. Downey

Managing Partner

Alicia Downey founded Downey Law in 2013 after nearly twenty years serving clients at a major international law firm.

Her diverse industry experience includes packaged foods, agricultural products, specialty pet foods, chemicals, home appliances, medical devices, industrial equipment, designer fashion and accessories, new motor vehicles, industrial equipment, software, financial services, and nutritional supplements.

For many years, Alicia has been active in the leadership of the Section of Antitrust Law of the American Bar Association. In addition to the numerous articles and speaking engagements listed below, she is a contributing author to a number of antitrust publications for lawyers, including Antitrust Advisor (Thomson Reuters 5th ed. 2017), Antitrust Law and Economics of Production Distribution (ABA 2d ed. 2016), and Price Discrimination Handbook (ABA 2012).

red-triangle    Leadership Positions   (click to view)

  • Section Liaison from the ABA Section of Business Law to the Section of Antitrust Law (2013–present)
  • Co-Chair, Compliance and Ethics Committee, ABA Section of Antitrust Law (2017 – present)
  • Chair, Distribution and Franchising Committee, ABA Section of Antitrust Law (2014–2017)
  • Vice Chair, Antitrust Law Committee, ABA Section of Business Law (2016–present)
  • Board President, Boston Dance Alliance, Inc. (2016-present)
  • Chair, Antitrust Law Committee, ABA Section of Business Law (2014–2016)
  • Co-Chair, Governing Board, Law Clerks’ Society of the Supreme Judicial Court (2013–2015)
  • Board President, Needham Land Trust, Inc. (2014–present)
  • Vice Chair, Distribution and Franchising Committee, ABA Section of Antitrust Law (2012-2014)
  • Member, ABA Section of Antitrust Law Advisory Board on Section Reserves (2011-2012)
  • Council, ABA Section of Antitrust Law (2008–2011)
  • Chair, ABA Section of Antitrust Law Price Discrimination (n/k/a Pricing Conduct) Committee (2005–2008)
  • Vice Chair, ABA Section of Antitrust Law Robinson-Patman Act Committee (2000–2005)
  • Boston Bar Association Ethics Committee (2000–2003)
  • Boston Bar Association Task Force on Professional Challenges and Family Needs (1999–2001)
  • Co-Chair, Boston Bar Association Young Lawyers Section (1996–1998)
  • Order of the Coif (1993)
  • Managing Editor, Boston College Law Review (1992-1993)

red-triangle    Publications   (click to view/download)

red-triangle    Speaking Engagements   (click to view)

  • Antitrust Counseling and Compliance 2018, Practising Law Institute, New York, N.Y. (Oct. 31, 2018)
  • Annual Antitrust Update for Business Lawyers, ABA Business Law Section Annual Meeting, Austin, TX (Sept. 13, 2016)
  • Antitrust Aftermarkets, ABA Section of Antitrust Law (Mar. 14, 2018)
  • Antitrust Counseling and Compliance 2017, Practising Law Institute, New York, N.Y. (Nov. 1, 2017)
  • Annual Antitrust Update for Business Lawyers, ABA Business Law Section Annual Meeting, Chicago, IL (Sept. 14, 2017)
  • Antitrust Essentials for Business Lawyers: Gun-Jumping, No-Poaching and Other Antitrust Don’ts, ABA Business Law Section CLE Webinar (Dec. 15, 2016)
  • Antitrust Law and Economics of Product Distribution: A Virtual Book Launch, ABA Section of Antitrust Law (Oct. 21, 2016)
  • Antitrust Counseling and Compliance 2016, Practising Law Institute, New York, N.Y. (Sept. 28, 2016)
  • Annual Antitrust Update for Business Lawyers, ABA Business Law Section Annual Meeting, Boston, MA (Sept. 8, 2016)
  • Counseling the Confused Client: Common Misperceptions About the Do’s and Don’ts of Distribution, ABA Section of Antitrust Law Teleprogram (June 27, 2016)
  • Antitrust Counseling and Compliance 2015, Practising Law Institute, New York, N.Y. (Nov. 2, 2015)
  • Institutional Investors + Antitrust = ??, ABA Business Law Section Spring Meeting, San Francisco, CA (Apr. 17, 2015)
  • Managing and Mitigating Antitrust Risk in Transactions, ABA-CLE Webinar (Feb. 26, 2015)
  • But We Want to Close in Two Weeks: Hart-Scott-Rodino Process and Timing, ABA-CLE Webinar (Nov. 11, 2014)
  • Antitrust Counseling and Compliance 2014, Practising Law Institute, New York, N.Y. (Oct. 31, 2014)
  • The Revised Fred Meyer Guides: What Changed? What Didn’t?, ABA Section of Antitrust Law Teleprogram(Oct. 16, 2014)
  • Arm Yourself with the Necessary Tools to Avoid Antitrust Pitfalls in Merger and Non-Merger Agreements, ABA Business Law Section Spring Meeting, Los Angeles, CA (Apr. 10, 2014)
  • Pathways to Leadership, ABA Section of Antitrust Law Spring Meeting, Washington, D.C. (Mar. 25, 2014)
  • Antitrust Primer and Pitfalls for Corporate Counsel, MCLE New England, Boston, MA (Mar. 24, 2014)
  • Antitrust Counseling and Compliance 2013, Practising Law Institute, New York, N.Y. (Nov. 1, 2013)
  • 2012 Distribution and Franchising Update: Year in Review, ABA Section of Antitrust Law, Distribution and Franchising Committee (Feb. 4, 2013)
  • 21st Century Antitrust Compliance: Beyond the Basics, ABA Section of Antitrust Law Spring Meeting, Washington, D.C. (March 28, 2012)
  • State Consumer Protection Laws: Enforcement and Litigation Trends in Connecticut and Massachusetts, ABA Section of Antitrust Law Private Advertising Litigation, Consumer Protection, and State Enforcement Committees (Jan. 30, 2012)
  • Antitrust Counseling and Compliance 2011, Practising Law Institute, New York, N.Y. (Sept. 6, 2011)
  • Resale Price Maintenance and Recent State Enforcement Initiatives: Where Are We Now?, ABA Section of Antitrust Law (May 4, 2011)
  • June In-House Counsel Antitrust Update, ABA Section of Antitrust Law Corporate Counseling Committee (July 8, 2009)
  • Two-Way Relationships in the New Economy: When Is Paying Your Customer for a Good or Service Price Discrimination in Disguise?, ABA Section of Antitrust Law, Spring Meeting 2009, Washington, D.C. (March 26, 2009)
  • Tips for Success in the Practice of Antitrust Law, ABA Young Lawyers Division and Section of Antitrust Law (Dec. 10, 2008)
  • Setting Prices: Exploring Points of Divergence Across Jurisdictions, ABA Section of Antitrust Law Spring Meeting, Washington, D.C. (March 27, 2008)
  • Price Discrimination Laws Outside the U.S.: Comparing Apples to Oranges, ABA-CLE Teleseminar (Feb. 20, 2008)
  • Data or Anecdotes?: Quantifying the Costs of Compliance With the Robinson-Patman Act, ABA Section of Antitrust Law Telephonic Seminar (July 25, 2007)

red-triangle    Representative Matters  (click to view/download)

  • Antitrust counsel to board of directors of joint venture/competitor collaboration in the agricultural sector
  • Created minimum advertised price (MAP) policies and related communication templates for suppliers of various premium brand products, including—
    • specially formulated pet foods
    • dog training accessories
    • nutritional supplements
    • designer clothing and accessories
  • Drafted antitrust compliance manuals and conducted compliance training for executives and employees of national chemical distribution company and its subsidiaries
  • Advised national trade association regarding potential antitrust issues raised by proposed legislation to allow joint rate-setting by competing service providers
  • Provided antitrust advice to coalition of academia, government, and business entities engaged in green chemistry research and development
  • Evaluated terminated foreign medical equipment distributor’s claims against U.S. manufacturer
  • Won post-trial appeal from judgment on jury verdict in homeowners’ consumer protection action under Chapter 93A against a home improvement contractor that performed construction work that violated the state building code
  • Retained as appellate counsel in post-trial appeal from judgment on jury verdict in dispute over client’s right to fair market value of his equity in private investment management firm
  • Represented investment banking firm bringing suit against two former interns for breach of contract and misappropriation of company property and proprietary information; settled while motion for preliminary injunction was pending
  • Won vacatur of preliminary injunction enforcing non-competition and non-solicitation agreements and defeated subsequent renewed motion for preliminary injunction
  • Represented trade association of motor vehicle manufacturers in successfully defeating motion to dismiss complaint challenging the constitutionality of 2008 and 2009 amendments to Florida motor vehicle franchise statute
  • Wrote amicus brief for Association of International Automobile Manufacturers and Alliance of Automobile Manufacturers in support of appellant Kia Motors in appeal from judgment awarding $5.6 million class-wide damages for allegedly defective brake components
  • Authored brief in support of appeal from summary judgment entered against Puerto Rican ice cream distributor asserting dominant competitor’s exclusive dealing arrangements and other conduct violated federal and Puerto Rico antitrust statutes
  • Won affirmance of summary judgment dismissing $140 million post-arbitration complaint by former employees of investment bank on grounds of claim preclusion and successfully opposed petition for a writ of certiorari
  • Won dismissal of consolidated consumer class actions seeking $400 million in class-wide damages allegedly caused by deceptive disclosures related to automatically renewable certificates of deposit
  • Won summary judgment dismissing fiduciary duty claim brought by putative minority shareholders of investment bank

Prior Experience

  • Bingham McCutchen LLP (1994-2012)
  • Supreme Judicial Court of Massachusetts, Judicial Law Clerk (1993-1994)

Education

  • Boston College Law School, J.D. magna cum laude
  • Harvard University, M.A.
  • Harvard College, A.B. magna cum laude

Listed In

  • U.S. News – Best Lawyers 2019 “Best Law Firms” Tier 1 (Boston) ranking for Litigation – Antitrust, Tier 2 (National) for Antitrust
  • Chambers USA 2018 – Antitrust (Band 2 – Massachusetts)
  • Best Lawyers in America (2009-2019)
  • Best Lawyers in New England (Wall Street Journal, April 2018)
  • Top Women Attorneys in Massachusetts (2013-2018)
  • Best Lawyers Business Edition (2018)
  • Super Lawyers (2004-2018)
  • New England Super Lawyers (2018)
  • Super Lawyers Business Edition (2015)

Antitrust and Distribution Counsel

Commercial Litigation and Appeals

Downey Law offers analysis, advice,
and advocacy to clients with legal
needs in the following areas:

  • Distribution Relationships
  • Antitrust Compliance
  • Minimum Advertised Price Policies
  • Dealer Terminations
  • Sales Incentive Programs
  • Exclusive Dealing Arrangements
  • Non-Competition Agreements
  • Commercial Litigation and Appeals
  • Case Evaluation

 

 

Alicia Downey of Downey Law LLC is recognized as an excellent solo practitioner in the Massachusetts antitrust market, who is especially known for her experienced counseling and advice.”

—  Chambers USA 2018

Newsworthy and Notable

Recent Posts

  • Downey Law Antitrust Work Recognized in 2019 “Best Law Firms” Rankings

    U.S. News & World Report and Best Lawyers include Downey Law LLC in their 2019 rankings of “Best Law Firms” in the areas of Litigation – Antitrust and Antitrust Law. Recognition by Best Lawyers is based on peer review and the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.... Go to Highlights . . .

  • Alicia Downey on Faculty of PLI’s 2018 Antitrust Counseling and Compliance Program

    For the eighth year in a row, Alicia Downey was a member of the faculty of the New York-based Practising Law Institute‘s annual continuing legal education program on all facets of antitrust law. Alicia’s presentation focused on legal developments and counseling lessons in the areas of resale price maintenance, MAP programs, and price discrimination, and compared the treatment of price restraints... Go to Highlights . . .

  • Alicia Downey Speaks on Antitrust Aftermarkets Panel

    On Wednesday, March 14, 2018, Alicia Downey participated in a telephonic panel discussion entitled, Antitrust Aftermarkets, sponsored by the ABA Section of Antitrust Law. She and the other speakers–Craig Falls of Dechert LLP, Thomas Funke of Osborne Clarke, and Loren Poulsen of Compass Lexecon–discussed recent developments in US and EU case law, how economic theory on aftermarkets has evolved in the more than two... Go to Highlights . . .