Trusted Advisor. Tenacious Advocate.
Alicia Downey is an experienced business litigator and antitrust advisor with a special focus on helping clients understand and comply with federal and state antitrust laws applicable to relationships with competitors, pricing, sales and marketing practices, and distribution arrangements.
Services
Antitrust Compliance & Risk Assessment
Government Investigations
Business Litigation & Appeals
Merger Analysis & Clearance
Distribution & Franchise Law Advice
Services
Antitrust Compliance & Risk Assessment
Distribution & Franchise Law Advice
Government Investigations
Merger Analysis & Clearance
Business Litigation & Appeals
High-Caliber Counsel with a Positive Attitude
and Enthusiasm for Practical Problem‑Solving
Profile
Alicia Downey
Principal
With 30 years of broad-ranging experience as an antitrust litigator and trusted advisor, Alicia Downey 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. 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.
Alicia has frequently spoken on antitrust topics in regional and national continuing legal education programs and teaches antitrust law as an adjunct faculty member at New England Law | Boston. She has contributed to numerous antitrust publications for lawyers, including The Antitrust Compliance Handbook: A Practitioner’s Guide (ABA 2019), Antitrust Advisor (Thomson Reuters 5th ed. 2019), Antitrust Law and Economics of Product Distribution (ABA 2d ed. 2016), and The Price Discrimination Handbook (ABA 2012).
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 federal and state court practice and procedures.
Recognition
- U.S. News – Best Lawyers 2023 “Best Law Firms” ranked for Antitrust
- Chambers USA 2023 – Antitrust (Band 2 – Massachusetts)
- Legal Elite Awards 2023
- Best Lawyers in America (2009-2023)
- Best Lawyers “Women in the Law” Business Edition (2022)
- New England’s Best Lawyers 2023
- Super Lawyers (2004-2022)
- New England Super Lawyers (2022)
Alicia Downey is described by market sources as “outstanding,” as well as “excellent at civil litigation and compliance.”
~ Chambers USA
Prior Experience & Education
- Bingham McCutchen LLP (1994-2012)
- Supreme Judicial Court of Massachusetts, Judicial Law Clerk (1993-1994)
- Boston College Law School, J.D. 1993, magna cum laude
- Harvard University, M.A., 1984
- Harvard College, A.B., 1984, magna cum laude
Representative Matters
- Won preliminary injunction in action brought by Massachusetts limited liability company against founder-manager alleged to be violating his fiduciary duty to the company.
- Successfully defended investment fund manager against claims brought by former co-manager alleging breach of fiduciary duty, negligent misrepresentation, and violation of Chapter 93A.
- 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
Publications
- “Price Discrimination,” co-author of Chapter 5 in Scher & Martin, Antitrust Adviser (Thomson Reuters 5th ed. 2015-2022)
- “Antitrust Considerations,” Chapter 9 in Mooney, Organizing, Financing, and Advising a Massachusetts Business (MCLE New England 2022)
- Project Co-Chair and Contributor, The Antitrust Compliance Handbook: A Practitioner’s Guide (ABA Section of Antitrust Law 2019)
- “Antitrust Issue-Spotting Checklist,” Webinar Slide Deck, The 60-Minute Lawyer (MCLE, Dec. 5, 2019)
- “Antitrust Constraints on Pricing Conduct” and Slide Deck (Practising Law Institute 2019)
- “Annual Antitrust Update for Business Lawyers: Vertical Relationships and Vertical Restrictions,” (ABA Business Law Section, September 2019)
- “Antitrust Constraints on Price Discrimination and Vertical Restrictions on Resale Prices and Price Advertising,” (Practising Law Institute 2017)
- “Price Discrimination and Related Conduct,” Chapter 7 in Antitrust Law and Economics of Product Distribution (2d ed. ABA Section of Antitrust Law 2016)
- “Antitrust Constraints on RPM, MAP and Price Discrimination” (Practising Law Institute 2016)
- “Marketing and Distribution: Antitrust Constraints on Pricing” (Practising Law Institute 2015)
- “It’s Time to Take a Fresh Look at the Fred Meyer Guides: A Survey of the Comments Submitted to the FTC on Whether (and How) to Update the Guides to Advertising Allowances and Other Merchandising Payments and Services,” The Price Point, the ABA Section of Antitrust Law Pricing Conduct Committee Newsletter (Winter 2013)
- “Antitrust Constraints on Vertical Price Agreements and Unilateral Pricing Conduct,” Antitrust Compliance and Counseling 2012 (Practising Law Institute 2012)
- “The Indispensable Witness Wrangler,” in Rantings of a Partner…and Pushback From the Associate (American Bar Association 2011)
- “Legal Roadmap to Compliance: Setting and Suggesting Minimum Resale Prices Within the Bounds of U.S. Antitrust Law,” Antitrust Hot Topics: What the Business Lawyer Needs to Know! (ABA Business Law Section, April 16, 2011)
- “10 Tips for Terrible Meetings,” The ABA Section of Litigation Woman Advocate Committee Newsletter (Spring 2009)
- “It’s ‘Unfair,’ But Is It Illegal?: The FTC Struggles to Define One Aspect of Its Statutory Responsibility,” National Law Journal (Nov. 3, 2008)
- Co-author, “FTC Brings Complaint Based on ‘Unfair’ SDO Practices While the Federal Circuit Rejects FTC’s Monopolization Case Against Rambus,” American Intellectual Property Law Association Antitrust Committee Newsletter (May 2008)
- “Training Redefined: 10 Ways to Become a Better Litigator,” Second Chair, ABA Section of Litigation online newsletter (November 2007)
Speaking Engagements
- Is There a Robinson-Patman Act Revival?, ABA Section of Antitrust Law Spring Meeting, Washington, D.C. (Apr. 6, 2022)
- Developments in Antitrust Law and Regulation 2022, Practising Law Institute, New York, N.Y. (Apr. 7, 2022)
- The 60-Minute Lawyer: Antitrust Issue-Spotting Checklist, MCLE (Dec. 5, 2019)
- Antitrust Counseling and Compliance 2019, Practising Law Institute, New York, N.Y. (Oct. 18, 2019)
- Wind of Change: The Antitrust Division’s New Guidance for Evaluating Compliance Programs in Criminal Cases, ABA Section of Antitrust Law Teleprogram (Aug. 1, 2019)
- Annual Antitrust Update for Business Lawyers, ABA Business Law Section Annual Meeting, Washington, D.C. (Sept. 12, 2019)
- The Robinson-Patman Act and E-Commerce: Making Sense of an Old Law in the Internet Age, ABA Section of Antitrust Law Teleprogram (Apr. 18, 2019)
- Social Media for Antitrust Lawyers, podcast hosted by Legal Talk Network at the ABA Section of Antitrust Law Spring Meeting (Mar. 28, 2019)
- 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, 2018)
- Antitrust Aftermarkets, ABA Section of Antitrust Law Teleprogram (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 Teleprogram (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)
Leadership Positions
- Co-Chair, Our Curious Amalgam Serial Podcast Committee, ABA Section of Antitrust Law (2022 – present)
- Section Liaison from the ABA Section of Business Law to the Section of Antitrust Law (2013–present)
- Vice Chair, Our Curious Amalgam Serial Podcast Committee, ABA Section of Antitrust Law (2020 – 2022)
- Co-Chair, Compliance and Ethics Committee, ABA Section of Antitrust Law (2017 – 2020)
- Chair, Distribution and Franchising Committee, ABA Section of Antitrust Law (2014–2017)
- Vice Chair, Antitrust Law Committee, ABA Section of Business Law (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)
- Managing Editor, Boston College Law Review (1992-1993)
Alicia Downey “is an
excellent commercial lawyer
and a scholar of antitrust.”
— Chambers USA
News
Chambers USA 2022 Lists Alicia Downey Among Leading Antitrust Lawyers
The 2022 edition of Chambers USA ranks Alicia Downey among leading antitrust lawyers in Massachusetts. According to the accompanying review, “Alicia Downey is an experienced antitrust attorney with a niche practice focused on advising clients on their corporate...
Our Curious Amalgam Podcast Hosted by Alicia Downey: Is This a New Era of Federal Trade Regulation by Rule? The Past, Present, and Future of FTC Rulemaking
For decades the FTC relied on its adjudicatory authority, applying its expertise on a case-by-case basis in administrative litigation, but now, FTC leadership seems to be shifting away from litigation to “legislative-style” rulemaking. What does that mean in practical...