Civil litigation/class actions: defense in United States
Acting on both sides of the fence, the traditionally plaintiff-oriented Boies Schiller Flexner LLP has also established an excellent defense practice. Thanks to this balanced involvement, the team provides precise risk assessment for clients under scrutiny. In addition, the department stands out for its support of innovative businesses with a strong market position. The service portfolio further includes the defense of corporations and senior corporate officers facing criminal prosecution from a wide array of sectors such as telecoms, transportation, chemicals, consumer electronics and manufacturing. New York-based Leigh Nathanson shines at the nexus of antitrust and securities and commodities litigation in recent interest rate benchmark cases among others. The firm's strong bench in the capital further consists of Richard Feinstein with his extensive background in healthcare. William Isaacson and Karen Dunn joined Paul, Weiss, Rifkind, Wharton & Garrison LLP in June 2020.
Ultimate Fighting Championship
Delta Air Lines, Inc.
Uber Technologies Inc.
- Defending the Ultimate Fighting Championship in an antitrust lawsuit brought by mixed martial arts fighters
- Defended Delta Air Lines, Inc in litigation in which class plaintiffs accused airlines of agreeing to impose first bag fees in violation of federal antitrust law
- Represented Atrium Health in a DOJ lawsuit regarding “anti-steering” provisions in contracts between a health care provider and health insurers
- Defended Sanford’s efforts to acquire a physician practice in Bismarck, North Dakota against the Federal Trade Commission’s and North Dakota Attorney General’s allegations that the acquisition would violate Section 7 of the Clayton Act and its state-law equivalent
- Acting as sole counsel to Barclays in a series of lawsuits in the Southern District of New York alleging that several banks rigged the London Interbank Offered Rate (LIBOR) in multiple currencies
Cleary Gottlieb Steen & Hamilton
Cleary Gottlieb Steen & Hamilton is widely recognized for its 'very strong global' antitrust litigation group, which shows wide-ranging expertise in defending claims alleging monopolization and conspiracy as well as stand-alone and follow-on damages actions. The US team based in New York and Washington DC collaborates with offices in Europe as well as local counsel to cover multijurisdictional cases. George Cary brings a wealth of litigation experience to the table, especially in cases involving the application of antitrust to intellectual property and high-technology markets. Worldwide price-fixing investigations and related litigation are the pillars of Jeremy Calsyn's 'business-oriented' personal practice. Mark Nelson, who was stationed in Brussels before his return to the DC office, is particularly active at the intersection of antitrust and IP law, for instance advising on patent pools and standards-setting. Leah Brannon is well-versed in monopolization and conspiracy litigation, assisting clients from the full gamut of industry sectors. All named attorneys are based in Washington DC.
Other key lawyers:
‘Great depth. Strong on strategy but also very pragmatic.’
‘Give clear advice and work hard to be efficient.’
‘Very strong global team for defending related cases in multiple countries.’
‘Brian Byrne and Leah Brannon are stand-out partners.’
‘Elly Bennett is a superstar associate.’
‘This team is greatly experienced, knowledgeable, and very client-oriented. Nothing can be compared with this team.’
‘Jeremy Calsyn is greatly thoughtful, a very careful researcher, practitioner, fighter and business-oriented lawyer.’
- Defending T-Mobile US and Deutsche Telekom in a multistate lawsuit filed by state attorneys general in an attempt to block the merger of T-Mobile and Sprint
- Defending Keurig Green Mountain in multiparty monopolization litigation concerning Keurig-compatible single-serve coffee
- Served as global coordinating co-counsel to numerous automotive parts manufacturers in worldwide cartel investigations and related litigation
- Defending EquiLend in an antitrust class action and three individual actions alleging a conspiracy among investment banks to jointly boycott other entities that would purportedly introduce competition for stock lending in the US
- Defending BNP Paribas in an ongoing purported class action filed against many banks in the Southern District of New York alleging manipulation of supranational, sub-sovereign, and agency debt (SSA bonds)
Cravath, Swaine & Moore LLP is heavily involved in high-profile antitrust litigation across all industries and well equipped to handle antitrust trials. The team covers the entire litigation spectrum from single plaintiff suits to consumer class actions on a domestic or international scale and also handles antitrust issues at the intersection of intellectual property and securities. Department head Christine Varney as well as the entire US antitrust team is based in New York. Bet-the-company cases are often tried by chairman Evan Chesler, who is frequently retained by clients for paramount antitrust litigation. The eminent Peter Barbur assists with a range of novel antitrust issues such two-sided markets and vertical merger challenges. Kevin Orsini is also of particular note, for instance for his continued representation of American Express including briefings, depositions and witness preparation. Combining antitrust with his commercial litigation and intellectual property practice, Yonatan Even adds to the firm's bench.
Actelion Pharmaceuticals Ltd. (a Johnson & Johnson company)
Alcon Laboratories, Inc.
American Express Company
Blue Cross Blue Shield Members
Nomura International plc
Sabre Holdings Corporation
Warner Media, LLC
- Defended Actelion Pharmaceuticals Ltd. in a class action lawsuit brought by the Mayor and City of Baltimore and the Government Employees Health Association alleging Actelion illegally maintained its monopoly over the prescription drug bosentan
- Representing Alcon Laboratories in connection with more than 50 class actions and related matters alleging violations of the Sherman Act and the antitrust and consumer protection/unfair competition laws of various states with respect to Alcon’s unilateral pricing policies for contact lenses
- Represented American Express in litigation brought by 15 large supermarket and pharmacy chains in New York federal court alleging that AmEx’s “anti-steering” rules in its merchant acceptance agreements violated the Sherman Act
- Representing AmEx in a putative class action brought on behalf of all U.S. merchants that accept AmEx cards, alleging that AmEx tied acceptance of certain of its card products to acceptance of other AmEx card products in violation of the Sherman Act
- Representing Blue Cross and Blue Shield of Alabama (“BCBSAL”), Blue Cross and Blue Shield of Florida, Inc. (Florida Blue), Blue Cross Blue Shield of Massachusetts, Inc. (“BCBSMA”) and BlueCross BlueShield of Tennessee (“BCBSTN”) in consolidated multidistrict antitrust class action litigation challenging foundational apsects of the Blue Cross Blue Shield System
Gibson, Dunn & Crutcher LLP
As part of a full service antitrust offering, Gibson, Dunn & Crutcher LLP serves clients from a broad array of industries in private antitrust litigation including class actions. The Washington DC-based Scott Hammond is in joint charge of the antitrust and competition practice together with co-head Daniel Swanson in Los Angeles. The latter focuses on civil litigation as well as trials involving economic issues and expert witnesses, for example defending tech industry clients and platform businesses against monopolization and market dominance claims. Jarrett Arp, in Washington DC, often represents multinational corporations in civil litigation as well as government investigations. Also located in the capital, Cynthia Richman brings experience with microprocessors and technology clients to the table. The firm recently lost a partner trio to Kirkland & Ellis LLP: Olivia Adendorff, Richard Cunningham and Sean Royall made the collective move in November 2019.
Heritage Pharmaceutical, and its parent company Emcure
Foxconn, Pegatron, Wistron, and Compal (manufacturers of most consumer electronic devices worldwide)
- Defending Ottogi Corp., Ltd. and Ottogi America, Inc. in price-fixing claims brought by both direct purchasers and indirect purchasers before a single jury
- Handled post-trial proceedings after a jury found against Swisher on plaintiffs’ antitrust and contract claims, resulting in a $44 million trebled damages award
- Representing Heritage Pharmaceuticals in connection with the U.S. Department of Justice Antitrust Division investigation of alleged price fixing in the generic drug industry
- Defended Taiwanese Apple Contract Manufacturers – Compal Electronics, Hon Hai Precision Industry and its subsidiary FIH Mobile (Foxconn), Pegatron, and Wistron in claims of breach of contract for unpaid royalties under their license agreements brought by Qualcomm
- Representing Uber in antitrust litigation brought by SC Innovations alleging that Uber illegally monopolized the ride-hailing app market in several U.S. cities
The highly specialized team of antitrust litigators at Jones Day has a key strength in defending clients from in healthcare, pharmaceuticals, energy and technology industries. Craig Waldman, who has a desk in both the San Francisco and Silicon Valley offices, is in charge of the illustrious bench of antitrust litigators. The Washington DC-based John Majoras co-leads the global litigation practice and is trusted by numerous multinationals to represent them in antitrust lawsuits. Paula Render operates out of Chicago and is well-versed in defending clients in multidistrict class actions and competitor cases. Clients turn to Julie McEvoy in Washington DC for defense of consumer protection and RICO claims. Jeffrey LeVee in Los Angeles is especially involved in antitrust litigation related to the healthcare sector. In August 2019, the Houston office added James Reeder from Vinson & Elkins LLP.
‘Strong team to lead antitrust strategy and analysis for potential M&A transactions.’
‘Tom York is wise and seasoned well beyond his years of practice. He maintains and calm and collected presence at all times.’
‘Bruce McDonald is the consummate pro: he has done it all and the fruits of his experience provide great benefits to his clients.’
Premier Health Partners
- Defending Indivior in multidistrict class action litigation brought by purchasers of Suboxone alleging that Indivior monopolized sales of the drug by engaging in a “product hop,” and by delaying the entry of generic competitors
- Defending Sutter Health in two class action litigations and a separate lawsuit brought by the California Attorney General alleging that Sutter’s contracting practices reduced competition for health care services in Northern California
- Defending Ohio-based oil refiner Marathon against an antitrust lawsuit filed by the Attorney General of Kentucky, alleging that Marathon used anticompetitive and monopolistic practices to limit competition for the sale of reformulated gas sold at wholesale during the summer in certain parts of Kentucky
- Represented Premier Health Partners in an antitrust conspiracy suit concerning the law of joint ventures
Kirkland & Ellis LLP defends clients against antitrust claims asserted by competitors, direct purchasers and consumer classes alike. The matter portfolio ranges from alleged cartel, monopolization, unfair competition and price discrimination violations to pricing disputes and issues related to intellectual property. In Chicago, James Mutchnik is often retained to defend alleged price-fixing and monopolization. Daniel Laytin works at the same office and adds Robinson-Patman Act challenges to the team's offering. Cementing the team's strength in Chicago, Barack Echols is particularly adept at handling price-discrimination suits, consumer fraud matters and contract disputes. Yet another Chicago-based partner, Christa Cottrell is also active in antitrust trials and litigation, for instance for healthcare clients. In November 2019, the firm was joined by a trio from Gibson, Dunn & Crutcher LLP: Richard Cunningham in Washington DC, Olivia Adendorff in Dallas, and Sean Royall who splits his time between both aforementioned locations to strengthen the team in Texas.
Other key lawyers:
ABB Optical Group
Amateur Hockey Association of Illinois, Inc.
Clemens Food Group
EVA Airways Corporation
Geo Specialty Chemicals
- Representing ABB Optical Group In re Disposable Contact Lens Antitrust Litigation multidistrict litigation
- Representing the Amateur Hockey Association of Illinois (AHAI) in two lawsuits alleging violation of federal and state antitrust laws in connection with the plaintiffs’ desire to establish Tier I and Tier 2 hockey clubs
- Representing the Blue Cross & Blue Shield Association (BCBSA) as well as Blue Plans Wellmark, HMSA, and Triple S, and is co-coordinating counsel for all defendants, in a series of putative class action lawsuits filed across the country challenging the structure of the Blue System of health insurance under the antitrust laws
- Representing Citadel LLC In re Interest Rate Swaps Antitrust Litigation
- Defending Pennsylvania-based Clemens Food Group, in consolidated putative antitrust class actions brought by purchasers of pork products alleging that defendants coordinated to fix, raise, maintain and stabilize pork prices since 2009
Shining across the full range of antitrust litigation, Latham & Watkins LLP undertakes conduct litigation, strategic business-to-business litigation as well as follow-on defense. The team in Washington DC fields valuable government expertise, while the California office specializes in high tech. Amanda Reeves in Washington DC shares the practice lead with San Francisco-based Christopher Yates. The latter puts an emphasis on the representation of Californian innovators and sports clients. Operating out of the same office, Daniel Wall frequently litigates antitrust appeals and defends class actions as well as merger challenges. Al Pfeiffer also in San Francisco, represents clients from healthcare, agriculture, music licensing, and communications. Adding to the bench strength in San Francisco, Sadik Huseny is retained by corporations and technology titans for defense in bet-the-company disputes. Lawrence Buterman is a name to note for the growing New York-based antitrust group.
‘Great talent from top to bottom of the team and all levels contribute at a high level. Results oriented approach that actually achieves great results.’
‘Belinda Lee is terrific; she works well in a joint defense group without losing sight of own client’s interest.’
‘First class lawyers with an ability to dive deeply into a client’s business and business model and to develop a sophisticated understanding of how the legal strategy should be crafted to ensure achievement of the primary business objectives.’
‘The attorneys at Latham are diligent, thoughtful and very engaged in our defense. They have significant experience at the intersection of antitrust and IP law.’
‘Hanno Kaiser and Aaron Chiu brought their experience and insight to a somewhat arcane legal area, and spent considerable time educating the court on the issues presented.’
‘Dan Wall is simply one of THE BEST antitrust lawyers in the world. Unrivaled legal acumen combined with practical, real-world sensibilities allowing him to provide both insight and wisdom to his clients.’
‘Josh Holian is a tireless workhorse who fills the role of a day-to-day partner-in-charge perfectly.’
‘The Latham & Watkins team has some of the best lawyers in the world. Particularly impressive is the firm’s commitment to pro bono representation.’
‘Bob Sims and Sadik Huseny are two of the firm’s most talented partners. They consistently exhibit strategic thinking and groundbreaking insights.’
‘Latham & Watkins provided significant assistance in our antitrust litigation. Their key strengths are diligent and thorough preparation, ability to put complex legal issues into straightforward and comprehensible terminology, counter-intuitive approaches and options as well as skilled and determined representation.’
‘Associate Aaron Chiu displayed an amazing capture of the chronology and detail of our case. For me, the three main ingredients for Aaron: knowledge of the law, command of the facts, and diligent preparation.’
Fédération Internationale de Natation (FINA)
United States Soccer Federation, Inc.
General Electric Co., GE Healthcare, Inc.
Public Service Enterprise Group and PSEG LI
Leisure Pass Group
- Defending FINA, the international federation recognized by the International Olympic Committee as the governing body for Olympic and international aquatic sports, in a pair of high profile antitrust lawsuits brought by the International Swimming League (“ISL”) and a putative class of Olympic and elite-level swimmers
- Defending US Soccer in a complaint alleging that US Soccer conspired with other professional soccer leagues to exclude NASL from Division I and Division II professional soccer, and to monopolize these markets
- Defending Surescripts in a lawsuit brought by the FTC alleging monopolization of e-prescription markets through exclusionary contracts
- Represented StarKist Co. and its parent company Dongwon Industries in In re: Packaged Seafood Products Antitrust Litigation alleging that StarKist conspired with other producers to fix the prices for packaged seafood products
- Represented Live Nation in connection with a class action suit brought by a customer who alleges he was overcharged by Live Nation through anticompetitive practices
Shearman & Sterling LLP's antitrust litigation team is well represented on both the East and West Coast, with offices in Washington DC, New York and San Francisco. The department fields a wide variety of industry expertise with a specific focus on financial services, healthcare and technology sectors. Specific strong suits include the defense of clients in cases related to alleged price-fixing and boycott. David Higbee , in Washington DC, is in charge of the global as well as the US antitrust practice. In New York, Adam Hakki is the key contact, in particular for his involvement in numerous benchmarking matters related to the financial industry, and Richard Schwed leads the litigation practice group, which involves a significant amount of antitrust cases. The San Francisco-based John Cove represents clients in monopolization cases, direct and indirect purchaser class action, and unfair competition actions.
‘Shearman is a very hands on law firm – they assign very talented teams, each consisting of partners and associates.’
‘Shearman lawyers know the law and are excellent in helping to understand and navigate high stakes bet-the-company litigation. Their advice and counsel is never hyperbolic but is grounded in well-reasoned, legally sound, hard fought wisdom.’
‘Stephen Fishbein and Todd Stenerson are amazingly talented, articulate, confident, and tenacious fighters.’
‘Shearman’s lawyers are always willing to dive in and help and always have a thorough well- reasoned solution.’
Bank of America Merrill Lynch
Bank of Montreal
Blue Cross Blue Shield of Michigan
Booz Allen Hamilton
The Bank of Nova Scotia
- Representing Equinor in royalty class actions with antitrust claims
- Representing Blue Cross Blue Shield of Michigan in a multidistrict litigation
- Representing 1-800 Contacts, Inc. in a matter claiming they unlawfully orchestrated a web of anticompetitive agreements with rival online contact lens sellers that suppress competition in certain online search advertising auctions and that restrict internet advertising to consumers
- Represented Bank of America in a putative antitrust class alleging they participated in an industry-wide conspiracy to manipulate the London Silver Fixing
- Defended Bank of Montreal and The Bank of Nova Scotia in a putative class action brought by a plaintiff pension fund alleging that the defendant banks conspired to manipulate the process for setting the CDOR benchmark
Arnold & Porter applies a trial-focused approach to the representation of defending parties in individual and class actions related to a wide range of allegations such as unlawful distribution arrangements, group boycotts and intellectual property licensing practices. Thanks to a large antitrust litigation team spread out over offices in California, Denver, New York and Washington DC, the department is well equipped to assist clients from all industries. Areas of focus include life sciences, media and entertainment, sports and financial services. Global antitrust head Debbie Feinstein and US chair Jonathan Gleklen are in joint charge of the antitrust litigation group, operating out of the firm's hub in Washington DC. New York-based Saul Morgenstern has significant experience leading and co-leading joint defense groups in multi-jurisdictional litigation. Defense of life sciences corporations against government proceedings and private class actions is the strong suit of Laura Shores' Washington DC practice.
Mitsui O.S.K. Lines
Norfolk Southern Corp.
- Defending Bayer against a complaint by Tevra Brands alleging claims of monopolization, tying, and exclusive dealing regarding the company’s sales agreements relating to certain flea & tick products
- Defending Bloomberg in S.D.N.Y. against allegations by Nastasi & Associates of bid rigging for commercial construction work
- Defending Taiyo Yuden against cartel allegations in the market for inductors
- Representing Visa in multiple litigations, including class actions and individual suits alleging price-fixing, tying, attempted and successful monopolization, liability shifting, and additional restraints of trade
- Defended Novartis Corp. and Novartis Pharmaceuticals Corp. in allegations of an anti-competitive monopoly scheme regarding its leukemia drug, Gleevec
Baker Botts L.L.P. is heavily involved in cases in the healthcare and pharmaceutical space, in addition to its extensive experience litigating antitrust case relating to all theories of liability. At the end of 2018, the firm significantly strengthened its antitrust bench with the arrivals of Peter Huston from Sidley Austin LLP in San Francisco and Maureen Ohlhausen from the FTC in Washington DC. The latter co-chairs the practice with DC-based colleagues John Taladay and Stephen Weissman. Huston is especially focused on expanding the antitrust offering on the West Coast, whereas Ohlhausen brings specific technology and data privacy know-how to the group. The firm's Washington DC offices includes several notable partners: William Lavery is praised for his representation of defendants in cases alleging price-fixing, monopolization, Robinson-Patman violations and sham litigation; Erik Koons is frequently involved in bet-the-company litigation and nationwide class actions and the 'smart' Joseph Ostoyich has experience with the full gamut of antitrust litigation in US courts.
‘Knowledgeable senior counsel who in fifteen minutes can provide what other firms charge hours of time to compile.’
‘Joseph Ostoyich is a top antitrust litigator. Smart, but practical. Advice you can use.’
‘They have a US/EU practice team that works well on cross-border matters.’
‘Jim Kress and Paul Lugard work together to address US/EU litigation. Jim has great judgment and Paul has insights into the EU workings in Brussels.’
‘They have a US/EU practice team that works well on cross-border matters.’
‘Jim Kress and Paul Lugard work together to address US/EU litigation. Jim has great judgment and Paul has insights into the EU workings in Brussels.’
CENTURY ALUMINUM COMPANY
CONVERSANT INTELLECTUAL PROPERTY MANAGEMENT INC.
IRICO DISPLAY DEVICES CO., LTD.
NATIONAL ASSOCIATION OF BOARDS OF PHARMACY
NOVARTIS INTERNATIONAL AG / SANDOZ
PATTERSON COMPANIES, INC.
RIBBON COMMUNICATIONS, INC.
ROYAL PHILIPS N.V.
SUN PHARMACEUTICAL INDUSTRIES, INC.
TARO PHARMACEUTICAL INDUSTRIES LTD.
TOYODA GOSEI NORTH AMERICA CORP.
UNION SQUARE HOSPITALITY GROUP
WASTE MANAGEMENT, INC.
ZYDUS PHARMACEUTICAL, INC. / CADILA HEALTHCARE LTD.
- Representing Patterson Companies in the FTC and private class actions alleging it conspired to fix prices with other dental supply distributors
- Representing Waste Management in various claims arising from Hurricane Katrina and state commercial contracting practices
- Representing Conversant Intellectual Property Management in a lawsuit brought by Continental Automotive Systems alleging breach of FRAND agreements and antitrust violations
- Serving as lead counsel for AT&T in follow-on lawsuits arising from the DOJ’s antitrust challenge of AT&T’s proposed acquisition of Time Warner
- Defending Olin Corporation in several antitrust class action lawsuits related to alleged price-fixing of caustic soda
Dechert LLP provides antitrust litigation assistance on the full range of alleged violations with a strong suit in pharmaceuticals and healthcare clients. The antitrust practice is under tandem leadership: Steven Bizar in Philadelphia, and Michael Weiner in New York. Bizar focuses on antitrust and trade regulation trial work in addition to class action defense. Philadelphia-based 'excellent' George Gordon is a member of the life sciences group and takes on antitrust disputes arising out of licensing, collaboration and asset purchase. The team, that thinks 'in a pragmatic and intelligent way', received a significant boost in April 2019, when chemicals expert Shari Ross Lahlou joined from Crowell & Moring LLP in Washington DC. On the other hand, Paul Denis and Paul Friedman retired from practice at the end of 2018 and Ethan Litwin left to join Constantine Cannon LLP in March 2019.
‘The addition of Shari Lahlou strengthens the Dechert class action defense team.’
‘I find the Dechert team to consistently think about competition issues in a pragmatic and intelligent way.’
‘George Gordon is excellent.’
One Equity Partners (PeroxyChem)
Endo Pharmaceuticals, Inc.
Fresenius Kidney Care
Lannett Company, Inc.
Occidental Petroleum Corporation and Occidental Chemicals Corporation
Marriott International Inc.
- Represents Endo Pharmaceuticals in its defense of several putative class and individual private actions filed by direct and indirect purchasers of OPANA ER pain-relief tablets and its generic equivalents
- Defended Endo Pharmaceuticals in the “reverse payment” litigation challenge to a patent settlement agreement including a “no authorized generic” provision
- Represented Fresenius Kidney Care, a dialysis provider in the United States, in its defense of monopolization and state law claims
- Defending Lannett Company in litigation in which private plaintiffs and state attorneys general allege that generic pharmaceutical producers entered into a price fixing conspiracy in the generic pharmaceutical market
- Defending Occidental Petroleum Corporation and its subsidiary Occidental Chemical Corporation (d/b/a OxyChem), in direct and indirect purchaser class action cases alleging a price fixing and supply-reduction conspiracy involving the major domestic producers of caustic soda
Taking a 'holistic approach', Paul, Weiss, Rifkind, Wharton & Garrison LLP operates a diverse private antitrust litigation practice to defend a variety of issues including allegations of monopolization, price-fixing, predatory pricing, bid rigging and exclusive dealing nationwide. A foursome presides over the antitrust practice: Aidan Synnott, Andrew Finch and Jonathan Kanter in New York share the lead with Washington DC-based Rick Rule. Synott fields financial services, bonds and bankruptcy know-how, whereas Finch is an expert in big data and technology issues related to antitrust. Kanter also represents technology clients as well as media companies and Rule's practice revolves first and foremost around mergers and other transactions. In Washington DC, Kenneth Gallo combines 'technical expertise with client relatability'. He has recently been active in no-poach class actions in addition to his banking and payment industry knowledge. Also in Washington DC, Craig Benson focuses on trial work in a range of industries. William Isaacson and Karen Dunn joined the team from Boies Schiller Flexner LLP following publication in June 2020.
‘Paul Weiss has a very experienced and practical approach to problem solving.’
‘They have such vast experience in the industry that they are able to pull such a tremendous breadth of resources to tackle whatever problem you may have – big or small.’
‘Paul Weiss doesn’t just go in guns blazing; they take a holistic approach which advises you on the pitfalls and best practices that you may not have been aware of but which could later have an impact on what you want to accomplish. They are my go-to firm for antitrust issues.’
‘Ken Gallo and Craig Benson are the leads of the best teams that I have ever worked with. Craig keeps the entire project moving and Ken is, quite simply, the best combination of technical expertise with client relatability that I have ever encountered.’
Quinn Emanuel Urquhart & Sullivan, LLP
Advising both plaintiffs and defendants, Quinn Emanuel Urquhart & Sullivan, LLP is particularly active in cases at the intersection of antitrust and patent law thanks to close collaboration with the renowned in-house IP litigation group. The client portfolio includes blue-chips and major corporations from a myriad of industries such as food and beverage, pharmaceuticals and automotive. Stephen Neuwirth in New York and Harold Barza in Los Angeles co-chair the team. Neuwirth acts on both sides of the "v." and has recently been involved for several food & beverage clients on the defense side. The Los Angeles-based Adam Wolfson litigates cartel class actions as well as claims where antitrust overlaps with intellectual property. In New York, Sami Rashid fields specific expertise with class certification issues, and Daniel Brockett shines in the areas of antitrust-related securities, commodities, and structured finance and derivatives litigation.
JBS USA Food Company
Daimler AG, Mercedes-Benz USA, LLC
SalMar ASA; Scottish Sea Farms Ltd.
Trafigura Trading LLC; Jose Larocca
Express Scripts, Inc.
Entergy Corporation; Entergy Mississippi, LLC; Entergy Services, Inc.; Entergy Power, Inc.
- Representing JBS in federal class-action litigation filed in the District of Minnesota regarding an alleged antitrust conspiracy by JBS USA and other pork Defendants to limit the supply of pork and thereby raise prices
- Served as lead counsel for JBS USA as a defendant in a putative class action alleging that the nation’s major beef producers conspired to lower the supply of beef to increase beef prices
- Serving as lead defense counsel for Daimler AG, Mercedes-Benz USA, LLC, and two other Daimler subsidiaries in a set of class actions alleging that Daimler and the other four major German auto manufacturers conspired for the past two decades to reduce innovation in their passenger vehicles throughout the world
- Served as lead counsel for SalMar ASA and Scottish Sea Farms Ltd. in a putative class action lawsuit alleging a conspiracy to fix prices on farm-raised Norwegian salmon
- Defending Express Scripts and various affiliates in a series of antitrust and fraud class actions brought by third-party payors alleging that Express Scripts conspired with pharmaceutical manufacturer Mallinckrodt to artificially inflate the prices of the drug Acthar in exchange for Mallinckrodt engaging Express Scripts subsidiaries to be exclusive distributors of that drug
White & Case LLP shines across the whole gamut of antitrust defense and is also well versed to handle related trials. With offices in Washington DC, Boston, New York and Silicon Valley, it puts a special emphasis on the pharmaceutical industry such as issues involving biosimilars, reverse payment patent settlements and product-hopping monopolization. The 'exceptional' and 'diligent' Mark Gidley operates a multifaceted antitrust practice out of the Washington DC office and leads the department, and Christopher Curran is regularly involved in novel litigation such as the defense of an amnesty agreement. Pharmaceuticals expert Peter Carney adds to the bench in Washington DC. In New York, Jack Pace displays an identical sector focus with key knowledge of product-hopping challenges. The Silicon Valley office boasts the 'incredibly thorough and knowledgeable' Heather Burke, who defends parallel class actions, opt-out and state AG lawsuits.
‘Expertise in antitrust matters and litigation. Common sense and provides a feeling of don’t worry.’
‘Mark Gidley is exceptional and he is always in contact, following up, discussing, walking through issues, explaining for the uneducated. He is diligent and cannot be flustered.’
‘Heather Burke is fantastic. She is incredibly thorough and knowledgeable. Always available and always giving excellent measured advice.’
‘Kevin Adam is a workhorse. Not sure how he does but operates on full cylinders all the time. Digs in and is up to speed in a matter of moments.’
Republic of Sudan
Maruyasu Industries Co. Ltd.
- Defended former top J.P. Morgan Chase currency trader Richard Usher against charges that he conspired to fix prices in the US$5 trillion per day foreign exchange market
- Defended Allergan in the Asacol® Antitrust class action litigation challenging alleged product hopping
- Represented Common App in a Higher Education Section 2 monopolization case brought by its competitor CollegeNET
- Represented Purina against a putative nationwide class action alleging Purina conspired with other pet food manufacturers and national retailer PetSmart to fix the prices of prescription pet food
- Representing Gilead Sciences in an antitrust class action brought by indirect purchasers alleging that Gilead entered into unlawful deals with Bristol-Myers Squibb, Janssen Pharmaceuticals, and Japan Tobacco in connection with its HIV drug portfolio
The 'very responsive' WilmerHale has a strong skill set in matters at the intersection of antitrust and IP. In this space, the department is particularly active in the technology industry and in tensions arising between brands, generics, biologics and biosimilars in the pharmaceutical sector. Both fields combined make up a major part of the Boston-based Mark Ford's practice, who is praised for his 'great strategic thinking'. Steven Cherry, who works out of Washington DC, shines in both civil and class action multidistrict litigation, for instance in his recent involvement in auto parts matters. Thomas Mueller is also based in Washington DC and chairs the group. His focus lies on issues with transatlantic and global implications. The firm is also very well capable of handling trials: Heather Nyong’o in San Francisco, for instance, regularly serves as lead trial lawyer in antitrust cases in addition to her work in defending financial services clients.
‘Very responsive, deep knowledge of our company and the industry.’
‘Mark Ford really delivers. Great strategic thinking and taking commercial needs into account.’
DENSO Corporation/DENSO International America, Inc.
ELNA Co., Ltd.
Compañía SudAmericana de Vapores S.A (CSAV)
Royal Bank of Scotland Group plc
International Council of Shopping Centers
Reckitt Benckiser Group
HSBC Card Services Inc.
- Represented ELNA in a price-fixing investigation in several foreign jurisdictions.
- Representing the Royal Bank of Scotland Group plc and certain current and former affiliated entities in all LIBOR-related civil litigation
- Representing the International Council of Shopping Centers in an antitrust suit alleging violations of Sections 1 and 2 of the Sherman Act, as well as related tort claims.
- Representing Equinor in In re North Sea Brent Crude Oil Futures Litigation, alleging that certain major oil producers and traders manipulated and fixed prices of Brent Crude oil through manipulation of a price reporting agency
- Representing BTG in an ongoing class action brought by end payors of drug Zytiga, alleging that BTG and Janssen unlawfully excluded generic competitors through filing sham litigation claims
With antitrust litigation teams in New York, Washington DC, Chicago and San Francisco, Winston & Strawn LLP takes on civil litigation and class actions for both plaintiffs and defendants. The department is led out of New York by Jeffrey Kessler and Eva Cole, providing excellent 'consistency of work product'. Kessler is particularly involved in the consumer electronics sphere and, thanks to his strong sports law practice, also trusted by sports and entertainment clients to handle antitrust issues. Cole, on the other hand, combines the consumer electronics sector with financial services and private equity expertise. In Chicago, the 'very responsive and fantastic' James Herbison covers the defense of all genres of antitrust claims including agriculture and healthcare, and Michael Mayer enhances his personal antitrust practice with intellectual property, securities and white-collar disputes. The Washington DC-based Heather Lamberg frequently operates at the nexus of antitrust, competition and consumer issues.
‘While the Winston team in this area, is outstanding in all respects, what I like most is their consistency of work product; put another way, it does not “bounce around” depending on the assignment – the work product and performance is consistently at the highest level.’
‘Jim Herbison is fantastic, very responsive, very sensitive to business and commercial needs and interests, and a top flight litigator.’
‘The service was top-notch with everyone on the team being dedicated to the project and responsive to our needs. Winston provided great value for the fees and was clearly the better firm at the table.’
‘Neely Agin and her team were very thorough. The thing that stood out for me was the respect and deference to Neely shown both by opposing counsel and the Department of Justice lawyers. Value cannot be based on hourly rates alone and Neely showed us that true value lies in experience, confidence and well-earned respect.’
‘Patrick Hogan and Emily Doyle were a pleasure to meet and work with throughout the deal.’
‘I greatly appreciated the positive working demeanor of everyone at W&S.’
‘W&S partners exemplify what client service means. Consistent, high-level focus, not only on task at hand but strategic direction that drives resolution.’
‘Bob Sperling is second to none, and go to lawyer, with an exemplary, tireless team of partners and associates.’
Avanci, LLC and Avanci Platform International Limited
Class of NCAA Football and Basketball Players
Discover Financial Services
Metaswitch Networks Ltd
National Football League Players Association (NFLPA)
North American Soccer League
NorthShore University HealthSystem
Relevent Sports Group
WestRock Company (f/k/a RockTenn and Smurfit Stone Container Corp.)
William Morris Endeavor
Zillow Group, Inc.
- Representing Avanci in an antitrust complaint alleging that Avanci conspired to inflate licensing rates for cellular connectivity technology in breach of their contractual FRAND obligations to various standard setting organizations and engaged in unfair competition
- Representing Motorola Solutions in an antitrust case, as well as a parallel class action brought by plaintiffs alleging that Motorola orchestrated a scheme to monopolize the U.S. market for land mobile radios
- Defending client Panasonic in litigation brought by plaintiffs alleging that Panasonic Corporation and other cathode ray tube (CRT) manufacturers agreed to fix, raise, maintain, and stabilize the price, while also limiting the production, of CRTs and CRT products to customers in the United States
- Representing Panasonic, SANYO and related entities in litigation brought by direct and indirect purchaser plaintiffs who allege that Panasonic and other defendants conspired to fix, maintain, or stabilize prices for film and electrolytic capacitors
- Representing Panasonic and NEC Corporation in a series of class actions brought by direct and indirect purchaser plaintiffs alleging a conspiracy to unlawfully fix, maintain, artificially stabilize, and raise the prices of lithium ion rechargeable batteries in the United States
Allen & Overy LLP puts a focus on cartel class action defense, particularly with regard to industry-wide price-fixing matters such as automotive parts and prepackaged seafood. Practice leader John Roberti works out of Washington DC, where he often leads negotiations with plaintiff classes and opt-out plaintiffs. The New York-based Todd Fishman specializes in defense of antitrust and securities issues including price-fixing, collusive conduct, derivatives and structured products. Operating out of the same office, Michael Feldberg fields valuable litigation and trial expertise, for instance in the industrial conglomerates sector. Associate Providence Napoleon in Washington DC provides key support on contentious cases in financial services, aviation, food and agriculture, technology, and sports industries.
‘The US litigation team provides excellent value for money. Very creative in finding legal solutions and also very flexible with remuneration/billing schemes.’
‘John Roberti is always available, very creative.’
‘Michael Feldberg is a very cunning, sharp-minded litigator.’
‘Allen & Overy has unique expertise in high stakes, high profile, bet-the-company, class action antitrust litigation.’
‘John Roberti has encyclopedic knowledge of all things antitrust, but many lawyers probably can boast that. What is truly impressive is that he has handled so many of these types of cases that he has an innate feel as to how they should be resolved, whether they can be settled and if so, for how much.’
‘Excellent control and manage a case by balancing strategies between negotiation and litigation, which provides a path to make a decision to in-house.’
‘Providing sharp analysis of status of a case and excellent strategy with solid legal grounds.’
Mercuria Energy Trading
Love’s Travel Stops and Country Stores
Third Point LLC
- Representing Tri-Union Seafoods in class action litigation involving allegations of price-fixing in the packaged seafood industry
- Representing Robert Bosch LLC and Robert Bosch GmbH, the world’s largest manufacturer of auto parts, in the multidistrict Automotive Parts Antitrust Litigation
- Represented Samsung Displays with respect to multi-district class action and opt-out litigation alleging price fixing in Lithium Ion Batteries
- Representing United Airlines with regard to a lawsuit alleging price-fixing in the air cargo industry
- Represented Mercuria Energy Trading, Inc. and Mercuria Energy Trading S.A. in the antitrust class action cases captioned in In re: North Sea Brent Crude Oil Futures Litigation
The antitrust team at Hogan Lovells US LLP is interlinked with the firm's offices across the globe, which allows for well-coordinated representation in multijurisdictional cases of varying nature such as bet-the-company litigation and defense of alleged monopolization practices. Industry expertise spans from TMT, life sciences and health care to aerospace, among others. Department head Edith Ramirez operates out of Washington DC, which is where the following team members are based. Justin Bernick's practice revolves around antitrust and commercial litigation issues such as price-fixing, market allocation and vertical and horizontal agreements. Class actions, government suits and individual claims pertaining to any kind of alleged antitrust violation are also handled by Tripp Monts.
‘I appreciate the team’s substantive knowledge and practical approach to litigation.’
‘Justin Bernick’s antitrust knowledge is beyond compare, but I also really appreciate his judgment and practical approach to litigation and business risk. He understands that businesses need to take some risk, and he does a great job of balancing business needs and legal risk in his advice. He is also very accessible and makes himself available on short notice when we have an urgent question.’
Multiple Blue Cross Blue Shield Plans
Ford Motor Company
Marvell Technology Group
Albert Einstein Healthcare Network
- Represented Anschutz Entertainment group in a matter challenging the radius clasue in Coachella’s artist agreements
- Represented LabCorp in a suit alleging violations of Sections 1 and 2 of the Sherman Act
- Represented PPG in a case alleging claims under the antitrust laws and California state law alleging monopolization
- Represented Safran Helicopters Engines USA in a matter alleging numerous antitrust claims and state-law statutory and common-law claims
Mayer Brown fields a bench of trial lawyers with significant government experience to handle antitrust defense litigation with a specific appellate law approach. The team is spearheaded by the Washington DC-based Mark Ryan, simultaneously an eminent antitrust litigator and transaction advisor. Britt Miller is partner-in-charge of the Chicago office, where she makes for a trusted team together with local partner Andrew Marovitz, particularly when it comes to antitrust litigation in the financial sector. In Washington DC, Carmine Zarlenga puts an emphasis on antitrust class actions challenging industry-wide practices such as price-fixing in the food and beverage sector. Oral Pottinger, who also sits in the capital, was promoted to partner in January 2019.
Nestlé USA/Nestlé S.A.
CDK Global, LLC
The Big Ten Conference
Lukoil Pan Americas
Temple-Inland Inc., a business of International Paper
BASF SE and BASF Corporation
LG Electronics USA, Inc.
Blue Shield of California
Vantage Health Plan
ArcelorMittal USA, Inc. and ArcelorMittal S.A.
HSBC Bank Plc & HSBC Bank USA, N.A.
Indiana Packers Corporation
- Representing CDK Global in multidistrict litigation alleging to have conspired with its primary competitor to exclude third parties from the “data integration” market, monopolize the alleged after-market for applications for automobile dealers who license the CDK DMS and engage in anticompetitive exclusive dealing contracts with its customer dealers and third party vendors
- Representing Cargill, Inc. and Cargill Meat Solutions Corporation in connection with consolidated putative class action complaints alleging that Cargill and other beef producers conspired to fix the price of cattle by depressing fed cattle prices and manipulated live cattle future and option prices
- Defended Wolters Kluwer Health, Inc. in an antitrust action alleging they illegally maintained a monopoly over the distribution and marketing of scientific and medical journals
- Representing Foster Poultry Farms and Foster Farms, LLC in 53 class actions and 46 direct actions alleging that Foster Farms and 19 other poultry companies conspired to fix the price of chicken by restricting their collective chicken production
- Representing Lukoil Pan Americas, LLC in connection with a lawsuit against 44 oil trading companies, banks and individuals alleging a conspiracy to engage in a “price squeeze” of Venezuela’s state-owned oil company
Morgan, Lewis & Bockius LLP's antitrust defense department puts an emphasis on multi-district litigation in offices across the country: team members are spread between Washington DC, Philadelphia, New York, San Francisco and Boston. Global practice group leader Steven Reed in Philadelphia and his Washington DC-based deputy Jon Roellke are in joint charge of the department. The former is particularly well-versed in defending alleged price-fixing in the generic pharmaceutical industry as well as other multidistrict litigation, whereas the latter specializes in advice to financial services clients such as in financial benchmark cases. Stacey Anne Mahoney in New York operates a holistic antitrust practice with pharmaceuticals and real estate know-how. Located in Philadelphia, Brendan Fee represents technology, energy and life sciences clients on cases related to pricing issues and vertical restraints.
Breckenridge Pharmaceutical, Inc.
BMW North America LLC
Comcast Cable Communications
Glenmark Pharmaceuticals Inc.
Independence Blue Cross LLC
Merck & Co. Inc.
Pacific Maritime Association
Perrigo Company Plc
Realogy Holdings Corp.
Shell Oil Company
Sumitomo Mitsui Banking Corporation
Sun Pharmaceutical Industries Ltd.
SZ DJI Technology Co. Ltd.
TDK USA Corp
The Clearing House Payments Company, LLC
Tradeweb Markets LLC
Uber Technologies, Inc.
Verizon Communications Inc.
- Represented Shire ViroPharma Inc. in a case brought by the FTC alleging that Shire engaged in sham petitioning before the US Food and Drug Administration in order to delay generic drug competition
- Representing Qualcomm Incorporated in the FTC antitrust case alleging that Qualcomm’s licensing and chip supply practices violated antitrust law
- Represented Royal Dutch Shell and subsidiaries in a lawsuit alleging a conspiracy to manipulate the benchmark price of Brent crude oil
- Defending Realogy in a putative class action lawsuit filed against the company, the National Association of Realtors, and other real estate brokerage franchisors, alleging that they and other house sellers have paid artificially high broker commission rates in the home sales process due to alleged anticompetitive practices
- Defended Comcast Cable Communications in Sherman Act and reverse discrimination claims brought by former cable installers
The service portfolio at Morrison & Foerster LLP ranges from defense of follow-on cartel damages claims to class action and multidistrict litigation as well as individual representation across numerous industry sectors. Jeff Jaeckel, who works out of Washington DC and operates a diverse antitrust practice, is responsible for the team. Also located in the capital, Brad Lui often litigates antitrust matters related to supranational, sub-sovereign and agency bonds, fruit labeling equipment and telecoms. The San Francisco office received a boost in 2019 thanks to the arrival of Bonnie Lau from Dentons in April and Eliot Adelson from Kirkland & Ellis LLP in October.
‘Smart, experienced antitrust practitioners.’
Matsuo Electric Co., Ltd.
Oath (formerly Yahoo!)
Softbank Group Corp.
- Represented Fujitsu and several subsidiaries in defense of a federal class action complaint brought by direct purchasers of capacitors, involving allegations of price-fixing, bid-rigging, and output restriction on a wide range of capacitor products manufactured and sold worldwide
- Representing Gary McDonald, an employee of Citibank, in a class action suit alleging that he participated in a conspiracy to reduce competition in an alleged market for U.S. dollar denominated supranational, sovereign, and agency bonds
- Representing Oath (formerly Yahoo) in allegations that search engines Yahoo, Google, and Bing were harming competition by favoring “scam” locksmiths and making them look more legitimate to the detriment of the plaintiffs
- Representing CSX Transportation in its defense of price-fixing claims in a class action brought by direct purchasers of rail freight shipping services for which a fuel surcharge was assessed
- Defending Matsuo Electric Co., Ltd. in consolidated class action litigation regarding a price-fixing conspiracy
O'Melveny & Myers LLP is particularly well-equipped to take on antitrust challenges faced by multinationals, especially in South Korea, thanks to the firm's strong Asian outreach. Ben Bradshaw and Ian Simmons in the Washington DC office head the antitrust practice. The former is well versed in the aviation, pharmaceuticals and semiconductors space, whereas the latter takes on novel issues such as pay for delay involving biosimilars or antitrust challenges surrounding cryptocurrency. Katrina Robson is also based in the capital, where she combines her merger work with defense of Fortune 500 companies in litigation alleging price-fixing conspiracies.
Other key lawyers:
AT&T Inc. and Time Warner Inc.
Endo Pharmaceuticals plc
Honeywell International Inc.
Global Music Rights LLC
Samsung Electronics Co., Ltd.
US Airways Group, Inc.
- Representing the new performing rights organization (PRO) Global Music Rights in a suit brought by the Radio Music Licensing Committee claiming the upstart is a monopolist trying to extract supracompetitive license fees far in excess of what other PROs charge
- Represented American Airlines in In re Domestic Airline Travel Antitrust Litigation, alleging that several airlines conspired to restrict capacity in order to inflate the price of airfare
- Representing Endo Pharmaceuticals in litigation against Fresenius Kabi USA, LLC, alleging that the plaintiff was prevented from seeking to enter the market for the drug Vasopression Injection
- Representing Samsung Bioepis in the Humira antitrust litigation, alleging the defendants conspired to delay the entry of generic versions of Abbvie’s Humira
- Representing Bitcoin.com and Roger Verin a complaint brought by United American Corp. including claims of violations of the Sherman Act and the Clayton Act, negligence, negligent misrepresentation, unjust enrichment and conversion
Simpson Thacher & Bartlett LLP is appointed by financial institutions and multinational corporations alike to litigate antitrust issues. The New York-based Peter Guryan and his Washington DC colleagues Sara Razi and John Terzaken jointly lead the global antitrust practice. Terzaken is most active in antitrust litigation, defending clients from a multitude of sectors such as financial services and food in government enforcement of antitrust violations and related follow-on litigation. Also located in the capital, Abram Ellis regularly litigates antitrust class actions, with particular experience in cases involving financial instruments as well as healthcare class actions.
Other key lawyers:
21st Century Oncology
The International Swaps and Derivatives Association (“ISDA”)
- Defending McKesson in dismissal of putative class action concerning alleged price-fixing conspiracy among manufacturers of generic pharmaceuticals
- Defending Deutsche Bank in dismissal of a proposed class action alleging banks colluded in Mexico bond market
- Defending Tyson Foods in wage fixing antitrust class action alleging a decade-long conspiracy to fix worker wages
- Defending Micron in a dismissal of a class action lawsuit alleging that Samsung, Micron and Hynix conspired to fix prices of DRAM sold in the U.S.
- Defending Tradeweb in a number of putative class action lawsuits and a similar suit brought by Tradeweb and ICAP competitors alleging that the banks conspired to protect the over-the-counter market for interest rate swaps
The antitrust litigation defense group at Weil, Gotshal & Manges LLP emphasizes early positioning of cases for possible trials as well as pre-trial resolutions. Other areas of expertise include the application of antitrust laws to music licensing, patent and other intellectual property disputes, as well as sports leagues. The Washington DC-based Steven Newborn is in charge of the overall antitrust department, whereas Carrie Mahan, Adam Hemlock and Eric Hochstadt commonly take the lead on antitrust defense. Mahan is located in Washington DC, where her practice includes hospitality and food industry clients. Hemlock and Hochstadt in New York advise corporations from a diverse range of industry sectors.
‘Key ability to manage large cases efficiently and effectively.’
‘Carrie Mahan is a terrific civil litigator who is highly experienced in antitrust class actions. She serves as liaison counsel for one of the largest matters in the country involving over 100 plaintiffs and 20 defendants and manages the group seamlessly. She is practical, articulate, and fights tirelessly for her client.’
‘Carrie Mahan is one of the best attorneys to work with. She is extremely intelligent, thorough, efficient with her time and efforts, is sensitive to billing and is a complete pleasure to work with.’
‘Carrie Mahan and her team are one of the most responsive teams around. Not only does Carrie bring valuable legal prowess and discipline to every endeavor, but her insight regarding regulators, adversaries and pending situations is often a pivotal factor in success. She is always available and dives deep into the given case and players. She commands respect of the entire industry and is forthright with her advice and counsel. She is often ten steps ahead of her opponents and is great at orchestrating equitable solutions.’
‘They are extremely knowledgeable, strategic and have a deep bench of antitrust talent. They manage large groups of defendants very effectively.’
‘Carrie Mahan is a tremendously smart, practical lead attorney.’
Chemtrade Logistics Income Fund
C&S Wholesale Grocers
Rent the Runway
- Defending Pilgrim’s Pride Corporation, the second-largest poultry producer in the United States, in In re Broiler Chicken Antitrust Litigation
- Representing H&R Block in connection with antitrust lawsuits that allege the company conspired to implement agreements between franchisees not to solicit or recruit other franchisees’ personnel
- Representing Rent the Runway against allegations that its exclusive contracts with fashion designers violated antitrust laws
- Advises Calsonic Kansei Corporation, a global automotive parts manufacturer headquartered in Japan, as well as its domestic subsidiary, Calsonic Kansei North America, Inc in In Re: Automotive Parts Antitrust Litigation
- Represented Panasonic in connection with numerous governmental investigations and a related multi-district litigation comprising dozens of class and individual actions pertaining to alleged industry-wide price fixing in the market for cathode-ray tubes (CRTs) and finished products containing CRTs
Axinn Veltrop & Harkrider
Axinn Veltrop & Harkrider puts a focus on the defense of antitrust class actions. John Harkrider in New York and Michael Keeley in Washington DC co-chair the practice that acts particularly as lead counsel in treble damage actions. Specific industry knowledge ranges from pharmaceuticals to manufacturing and food production. Assisting clients with the full range of antitrust issues, the Washington DC-based Rachel Adcox unites government experience with defense-side class action know-how. Lisl Dunlop, previously at Manatt, Phelps & Phillips, LLP, joined the New York team in March 2019 and in August of the same year, Leslie Overton joined the Washington DC office from Alston & Bird LLP.
Stanley, Black & Decker (US) Inc.
Thermo Fisher Scientific
Silver Lake Partners
Charles River Laboratories
KIK Custom Products
Nishikawa Rubber Co., Nishikawa of America, Inc., Nishikawa Cooper, LLC
The Alliance for Safe Online Pharmacies (ASOP Global)
Shintech and Shin-Etsu
- Serving as lead counsel for Tyson on three class actions that threaten major impacts on the U.S. poultry and pork industries
- Defending the Nishikawa group companies in automotive parts multi-district class action litigation
- Represented defendant Friedrich Boysen GmbH & Co. KG and its US subsidiary in the automotive parts multi-district class action
- Acted as lead counsel for Shintech Incorporated and its Japanese parent, Shin-Etsu Chemical Co., Ltd., in two consolidated class action antitrust lawsuits filed on behalf of direct and indirect purchasers of caustic soda
- Defended Momenta in an antitrust litigation brought by Amphastar Pharmaceuticals, Inc. alleging that Momenta and its co-defendant Sandoz Inc. excluded another generic maker of Sanofi’s blockbuster Lovenox® anticoagulant
When it comes to antitrust litigation, Cahill Gordon & Reindel LLP makes use of the firm's traditionally strong ties to the financial sector, first and foremost serving financial institutions but also acting for clients from pharmaceuticals and insurance sectors. As of late, the team acted for leading banks in various benchmark and boycott class actions. In addition, experienced litigators David Januszewski and Herbert Washer defend financial institutions in civil, criminal and regulatory enforcement actions. The practice is located in New York and is headed by the 'highly knowledgeable' Elai Katz, who also spends a fair share of his time working on antitrust litigation matters.
‘Elai Katz is highly knowledgeable, efficient and practical. He is also very creative in finding legal solutions.’
‘Excellent team with a breadth of experience and knowledge. Their handling of international complex antitrust litigation is simply excellent.’
‘The confidence they confer to the client does not come at the expense of flexibility and originality of ideas.’
‘Elai Katz is perhaps the best kept secret of this industry. He is knowledgeable, experienced, very smart and always willing to rethink his position, in service of the client. Excellent service and very minded to the client’s needs.’
Economic Professors in Ohio v. American Express
Envigo International Holdings, Inc.
Bank of America, Citigroup, Deutsche Bank, Goldman Sachs (confidential), JP Morgan Chase & Co., UBS & other investment banks and underwriters
S&P Global (Standard & Poor’s Financial Services)
- Representing Credit Suisse in complaints alleging that banks colluded and manipulated USD LIBOR in violation of antitrust laws
- Represented Credit Suisse in a class action regarding an alleged conspiracy to manipulate foreign exchange rates
- Represented Credit Suisse in antitrust suits brought against Wall Street banks alleging they conspired to fix and otherwise manipulate the U.S. Treasury bills, notes, and bonds (“Treasuries”) markets and related auctions
- Defended Credit Suisse against antitrust suits alleging that financial institutions colluded to prevent customers from trading interest rate swaps on an independent electronic trading platform, instead of Over-The-Counter
- Represented Credit Suisse in several putative civil class action complaints alleging that defendants conspired to fix the prices of supranational, sub-sovereign, and agency (SSA) bonds sold to and purchased from investors in the secondary market
Covington & Burling LLP
Crowell & Moring LLP litigates a wide variety of antitrust issues for clients including Fortune 500 companies from diverse industry sectors such as aerospace, healthcare and telecoms. The team lead is shared between Jason Murray, who operates out of Los Angeles, and the Washington DC-based Shawn Johnson. Murray litigates both on the plaintiff and defense side, with the latter's work including bet-the-company cases in healthcare, technology, retail and telecoms. In Washington DC, Kent Gardiner puts a core focus on defense of collusion cases. Shari Ross Lahlou left the firm to join Dechert LLP's Washington DC office in April 2019.
United Technologies Corporation
Blue Cross BlueShield Association
General Mills, Inc.
- Defending the KOA Corporation and KOA Speer Electronics in several class-action antitrust cases filed on behalf of direct and indirect purchasers of resistors
- Representing two Kaiser entities in an antitrust lawsuit brought by a rival hospital system, NorthBay Healthcare Group alleging that Kaiser’s health plan, hospitals and physician group are conspiring to monopolize the health insurance market in Solano County, California
- Lead trial counsel for CSX Transportation in a consolidated group of putative class actions filed by purchasers of rail freight transportation services
- Representing Marriott International Inc. in a consumer class action antitrust lawsuit filed in the Northern District of Illinois against Marriott and other major hotel companies alleging the companies entered into an agreement not to bid on each other’s branded keywords in paid search advertising on search engine sites
- Defending United Continental in multi-district litigation involving allegations of collusion in restricting the capacity of domestic air transportation
Davis Polk & Wardwell LLP
Davis Polk & Wardwell LLP displays a particular strong suit in defending clients from the financial services industry on an individual or defense group basis in a wide variety of class actions. Splitting his time between Northern California and New York, Arthur Burke presides over the antitrust litigation practice. He is well-equipped to handle civil litigation parallel to the myriad of recent benchmarking manipulation investigations and also advises technology companies. Operating out of New York, Paul Mishkin provides key support in the representation of financial institutions. Christopher Hockett retired from his Northern California practice in February 2020.
DLA Piper LLP (US) litigates a range of antitrust issues such as no-poaching, alleged price-fixing and monopolization conspiracies. Located in Philadelphia, Lesli Esposito shines in commercial litigation in antitrust and consumer protection. She co-leads the firm's antitrust practice together with Lisa Tenorio-Kutzkey in San Francisco. The Chicago-based John Hamill and Robby Robertson as well as David Bamberger in Washington DC are additional key figures of the antitrust defense group. Hamill's practice revolves largely around healthcare and telecommunication clients, Robertson has significant trial experience and Bamberger often represents clients from a wide range of industry sectors in no-poaching cases.
‘The team is qualified and works efficiently to handle litigation.’
Danielson National Insurance Company
AMN Healthcare, Inc.
McCormick & Company, Inc.
Komatsu America Corp.
- Representing Danielson National Insurance Company, a subsidiary of Catalina Holdings (Bermuda) Ltd. in a purported class action, alleging that the prices of bail bonds in California have been unlawfully inflated by an alleged price-fixing conspiracy
- Representing AMN Healthcare in a lawsuit brought by a competitor alleging federal antitrust claims under the Sherman Act for alleged “no-poaching” violations, monopolization and attempted monopolization, as well as state law causes of action
- Representing McCormick 6 Company, Inc. in an antitrust claim brought by a putative class of consumer plaintiffs arising from changes made by McCormick to the packaging of its black pepper products
- Representing Komatsu America Corp. in claims alleging that Komatsu and other manufacturers of heavy construction equipment colluded to frustrate the plaintiff’s attempts to enter the US market
Freshfields Bruckhaus Deringer LLP
Freshfields Bruckhaus Deringer LLP defends clients in antitrust cases in the US and across the globe, combining antitrust expertise with commercial litigation, public law and white-collar know-how. Paul Yde in Washington DC is of particular note. He litigates before federal as well as state courts, representing clients from a wide variety of industries.
McDermott Will & Emery LLP shines particularly in the defense of antitrust claims in the healthcare and pharmaceuticals space. The group also acts at the nexus of antitrust and intellectual property, for instance in patent litigation cases involving monopolization issues. Both practice heads, David Hanselman and Stephen Wu, are based in Chicago, where the department also assists defense and consumer good corporations. Splitting her time between Chicago and Los Angeles, Michelle Lowery fields additional transportation, agriculture and heavy machinery sector know-how. Next generation partner Katharine O’Connor provides key support to the team in Chicago. Joel Chefitz retired from the practice in January 2019.
‘They have resources to find out the facts and understand them accurately.’
‘They have an international network which allows us to consider any implications to other jurisdictions both in and outside the U.S.’
‘Stefan Meisner is committed to the company’s interest.’
Impax Laboratories, Inc. and Amneal Pharmaceuticals, Inc.
Southern Illinois Healthcare
American Gypsum Company LLC
Silver Cross Hospital
Prospect Medical Holdings/Roger Williams Medical Center
The Permanente Medical Group
Allscripts Healthcare Solutions, Inc.
Bemis Co., Inc.
- Representing two defendants, Impax Laboratories and Amneal Pharmaceuticals, in In re Generic Pharmaceuticals Pricing Antitrust Litigation
- Representing Southern Illinois Healthcare in a civil antitrust litigation filed by Marion HealthCare claiming that SIH’s contracts with commercial health insurance payors exclude the plaintiff from obtaining in-network contracts with those payors
- Defended Eagle Materials and its subsidiary, American Gypsum, against class action complaints filed by direct and indirect purchasers of drywall, who alleged that the largest drywall manufacturers in the US conspired to increase the price of drywall
- Defended Silver Cross Hospital in a class action alleging unfair competition, consumer fraud, and other state-law violations
- Represented The Permanente Medical Group in claims brought by NorthBay Healthcare alleging that Kaiser Foundation Health Plan, Kaiser Foundation Hospitals, and The Permanente Medical Group conspired to monopolize the healthcare insurance market in Northern California where NorthBay has two hospitals
McGuireWoods LLP acts for corporations, trade associations and individuals in follow-on treble damage civil litigation and other civil cases including indirect purchaser litigation and multi-district class actions. Disputes frequently involved alleged price-fixing, monopolization, tying arrangements and predatory pricing. The Chicago-based Amy Manning spearheads the 'incredibly good to work with' antitrust, trade and commercial litigation department. Located in Richmond, VA, Howard Feller also fields antitrust audit and compliance training experience alongside his litigation practice. Defense of vertical conspiracies, boycotts, price discrimination and unfair competitions statues make up the majority of Brent Justus' personal practice in Washington DC.
‘They are incredibly good to work with, from a client service perspective, and they also happen to be brilliant in their field.’
‘Brent Justus and Seth Schaeffer are top-notch in the antitrust field, but also so easy to work with, accessible, and reasonable. They are mindful of client budget, explain things without any “airs” despite their incredible expertise, and overall are just two of the nicest attorneys one could have representing them.’
Argos USA Corp.
Argos USVI Corp.
Healthcare Distribution Alliance
Smartvent Products, Inc.
Fresenius Kabi USA LLC (global healthcare company)
- Representing Argos in two civil antitrust lawsuits involving allegations of price-fixing in the ready-mix concrete and cement markets in coastal Georgia and South Carolina
- Represented the Healthcare Distribution Alliance (HDA) in antitrust claims brought by TraceLink Inc alleging a conspiracy among HDA and several of its members to boycott TraceLink and its signature product, and to monopolize the track-and-trace software market
- Representing Smartvent Products, Inc. in an antitrust case brought by Crawl Space Door Systems claiming the defendant monopolized the market for flood vents
- Defending transportation company Schneider National in an antitrust lawsuit alleging that several trucking companies, including a subsidiary of Schneider, conspired to refuse to hire drivers in California that were supposedly under contract with other trucking companies in an attempt to suppress wages in California
- Represented Argos USVI Corp. in a lawsuit brought by Spartan Concrete for price discrimination because Argos allegedly gave a lower price for cement to Spartan’s primary competitor
Norton Rose Fulbright acts for clients on both sides of the fence in a wide variety of antitrust claims including RICO claims and business torts. Other topics covered range from monopolization and price discrimination to restraint of trade. The New York-based Robin Adelstein heads the US antitrust practice and regularly demonstrates experience with pharmaceuticals and consumer products industries. In Houston, Layne Kruse unites business and antitrust litigation with industry expertise in healthcare, pharmaceuticals and medical devices. Eliot Turner is located in the same office and provides key support when defending claims brought under Section 1 and 2 of the Sherman act.
Robert Bosch Tool Corporation
Willis-Knighton Hospital System, Louisiana
Bausch + Lomb
- Represented Robert Bosch Tool Corp. in an antitrust conspiracy case involving an alleged boycott of the plaintiffs’ patented safety technology
- Defended Bausch Health Companies Inc. in In re: Disposable Contact Lens Antitrust Litigation
- Representing several subsidiaries of Bausch Health Companies, Inc. in In re: Generic Pharmaceuticals Pricing Antitrust Litigation
- Representing CHRISTUS Health in a suit claiming conspiracy among hospitals to depress nurse compensation
- Representing Willis-Knighton Health System in claims alleging that the defendant attempted to monopolize the treatment of commercially insured patients in Shreveport and Bossier City
Price-fixing cases, no-poaching agreements, standard-essentials patents (SEP) and sham antitrust claims are among the recurring appointments of Orrick, Herrington & Sutcliffe LLP's antitrust litigators. Although the group's antitrust practice revolves largely around tech clients, the team also has experience with semiconductors, chemicals and entertainment industries. Jay Jurata in Washington DC leads the department alongside his personal practice surrounding antitrust and intellectual property. Located in the same office, Alex Okuliar litigates cutting-edge antitrust topics such as platform competition and data collection as well as media cases. San Francisco-based of counsel Howard Ullman is particularly active in price-fixing, distribution systems and intellectual property matters.
‘The Orrick team is strong in case management, strategy and discovery.’
‘Karen Johnson-McKewan is amazing at depositions, discovery and oral argument. She is calm with opposing counsel, even when they are not. She is fantastic on her feet in court.’
‘Armed with knowledge, vision and the enthusiasm to take on complex global issues, the Orrick team stands ready to assist with matters big and small.’
‘From providing general consultation to assisting with specific matters, the Orrick team has been a strong partner to our in-house team and constantly offers creative thinking to help address complex issues that arises in the course of our business.’
‘The Orrick team members are likable and very easy to work with.’
‘On joint defense counsel calls they consistently appear to be the most knowledgeable and diplomatic out of the top tier firms. They are exceptionally responsive and accessible.’
‘This is a team that is capable of responding to the global needs of a multinational corporation and has the potential and ability to grow with a capable in house legal team.’
‘While antitrust issues often arise in a regional context, Jay Jurata has been exceedingly valuable to our company in understanding antitrust issues in a global framework.’
‘Very smart and responsive attorneys, easy to work with.’
‘Howard Ullman is very thorough and has a sharp intellect. He quickly understands his client’s business to better represent them.’
Delta Dental of California
Nanya Technology Corporation
Sports Fans Coalition NY, Inc. (Locast)
Sony Electronics Inc.; Sony Interactive Entertainment America LLC (Sony PlayStation)
Sony Pictures Animation Inc. and Sony Pictures Imageworks Inc.
- Defending Delta Dental of California in two class actions involving its networks of dentists of California and their pricing-related claims
- Defending Netflix in an employee-poaching case brought by Fox
- Defended Microsoft against claims brought by locksmiths related to its Bing search engine
- Representing Locast in an antitrust litigation against ABC, NBC, CBS, Fox and other broadcasters concerning the networks’ efforts to shut down the streaming of free broadcast television over the internet.
Paul Hastings LLP
Paul Hastings LLP offers the full spectrum of antitrust assistance including defense in follow-on civil litigation, particularly for Korean and Japanese businesses. Healthcare and pharmaceuticals, technology and telecoms as well as banking and financial services are among the well-represented sectors of the team's client list. Michael Spafford in Washington DC has particular focus on the defense of financial institutions at the intersection of antitrust and alleged violations of federal securities, commodities and banking laws. Tom Brown heads the team following the departure of Scott Hataway in July 2020.
‘Knowledgeable about the law and procedure, and great client relationship management.’
‘Mike Spafford has the knowledge and experience that stands out, and also constantly makes himself available whenever advice is needed.’
‘Mike Spafford is a truly excellent antitrust lawyer, with a particular focus on criminal and civil antitrust matters.’
‘Mike Spafford is a well known lawyer in this area and is universally respected. His attention to detail, analytical skills, sensitivity to clients needs, and responsiveness are outstanding.’
CDH Investment Partners and a strategic partner
Symphony Technology Group
- Representing Barclays in an antitrust lawsuit filed by a putative class of purchasers of supranational, sovereign, and agency (SSA) bonds that accuses Barclays, and more than 30 other financial institutions, of being involved in a global eleven-year long conspiracy to fix prices and restrain competition in the $9 trillion SSA bond market
- Represented Boehringer Ingelheim in its unclean hands defense in the litigation concerning BI’s abbreviated biologics license application for a biosimilar version of AbbVie’s Humira product
- Representing Align in two U.S. federal cases alleging monopolization
Proskauer Rose LLP defends clients in domestic antitrust cases and displays niche expertise in the representation of agricultural cooperatives, for instance with regard to the Capper-Volstead Act's antitrust exemption. Other areas of focus range from financial services and healthcare to consumer products and particularly sports and sports leagues. Colin Kass and the 'extremely knowledgeable' Christopher Ondeck, both of whom work out of Washington DC, preside over the antitrust litigation group. Kass is involved in class actions, monopolization and competitor foreclosure cases, whereas Ondeck focuses in the defense of food and agriculture companies against antitrust conspiracy claims.
‘The litigation team immersed themselves in our business early on, which resulted in their gaining the knowledge necessary to properly defend us and to act as a leading influencer in the joint defense group. Their commitment to learning our business clearly outpaced what other firms in our litigation had done.’
‘Chris Ondeck is extremely knowledgeable about antitrust litigation strategy, he is able to provide a clear roadmap for the client on what to expect, and his instincts as to where the case is headed are almost always spot on.’
‘Stephen Chuk is a valuable associate with the firm who develops a great personal relationship with stakeholders in the company as they work with him on various projects throughout the course of the case.’
Major League Soccer
Blackstone Tactical Opportunities
Church & Dwight
National Hockey League
National Football League
FCA US LLC
Women’s Tennis Association
- Represented Henry Schein in FTC claims alleging that Schein conspired with its two largest competitors, Patterson and Benco, to boycott buying groups, which had threatened to depress margins
- Representing Wayne Farms, one of the largest producers of broiler chicken in the U.S., defending numerous class actions filed both by classes of direct purchasers and indirect purchasers
- Defending Major League Soccer against a lawsuit brought by the North American Soccer League (NASL) against MLS and the US Soccer Federation alleging that MLS and the Federation are engaged in an antitrust conspiracy to ensure that MLS is the sole Division I soccer league in the United States
- Represented NFL and NFL Management Council in antitrust and breach of contract claims brought by a former agent against the NFL and the NFLPA, alleging that the NFLPA’s agent certification requirements harmed competition among agents
- Representing the WTA Tour in a series of litigation in the United States and Europe alleging that the WTA violated EU competition laws
The antitrust litigation offering at Sheppard, Mullin, Richter & Hampton LLP includes defense of monopoly violations or joint collaborations, market foreclosures and other competitor and supplier-side cases. Alongside expertise at the nexus of antitrust and intellectual property, the group is committed to assisting clients from the technology sector. Michael Scarborough, in San Francisco, fields experience through all phases of class action litigation, presides over the practice. Washington DC-based Leo Caseria is also involved in antitrust litigation issues including alleged price-fixing, boycott and monopolization defense.
Reynolds and Reynolds Company
Ningbo Sunny Electronic Co., Ltd. and Meade Instruments Corp.
Korea Yakult Co., Ltd. and Paldo Co., Ltd.
Continental Automotive Systems Inc.
Fuyao Glass America Inc.
Jain Irrigation Inc.
OneBeacon Insurance Group
Humboldt Medical Specialists, Inc.
- Representing Samsung Electronics in global, highly-publicized patent and standards-related antitrust governmental proceedings and MDL litigation involving Qualcomm
- Representing Ningbo Sunny Electronic Co., Ltd. and its subsidiaries Sunny Optics, Inc. and Meade Instruments Corp. in an antitrust lawsuit filed by Optronic Technologies, Inc. claiming the defendants attempted to monopolize the telescope market in violation of Sherman Act Section 2
- Defending Reynolds against state and federal antitrust conspiracy and monopoly claims filed by automobile dealers, data brokers, and automotive application software providers
- Defending ESET in a Sherman Act and Cartwright Act antitrust action for damages brought by NSS Labs regarding anti-malware standard setting and testing issues relating to the Anti-Malware Testing Standards Organization
- Representing Fuyao Glass America Inc. in the defense of an antitrust lawsuit alleging that auto-glass wholesalers and manufacturers conspired to boycott OEMGN
Antitrust litigators at Vinson & Elkins LLP are spread across the country, more precisely divided among the firm's offices in Washington DC, San Francisco and Houston. Located in the capital, Darren Tucker and Hill Wellford act as joint department heads of the team with a strong client base in technology, automobile and airline industries. The Texan office is a particular powerhouse of the practice, especially with regard to follow-on litigation. The Houston-based Jason Powers shines in energy-related litigation, more specifically representing corporations from the oil and gas sector. In July 2019, James Reeder departed the firm to join Jones Day.
Apollo Global Management
Basalt Infrastructure Partners
Blue Racer, LLC
Energy Transfer LP
First Reserve Corporation
HeartBrand Beef, Inc.
HEB Grocery Company LP
Hitachi Automotive Systems Americas, Inc.
Kibo Software Inc.
Maxell, Ltd. and Maxell Corporation of America
Magellan Midstream Partners
MoneyGram International Inc.
Morgan Stanley Infrastructure Partners
New Fortress Energy
Phadia US Inc.
Plains All American Pipeline
PennEnergy Resources, LLC
Quantum Energy Partners
Saudi Arabian Oil Company (Saudi Aramco)
SailPoint Technologies Holdings, Inc.
Southwest Airlines, Inc.
US Well Services
Vida Capital Partners
Wanhua Chemical (America) Co., Ltd.
- Represents AirTran Airways Inc. in a multi-district antitrust putative class action related to baggage fees
- Lead counsel to Maxell, Ltd. and Maxell Corporation of America in In re Lithium Ion Batteries Antitrust Litigation
- Counsel to Handa Pharmaceuticals, LLC in multiple purported antitrust class actions alleging a “reverse payment” or “pay-for-delay” scheme that harmed competition in the market for the generic form of prescription drug Seroquel XR
- Represented HEB Grocery Company in a National Advertising Division proceeding concerning price comparison advertising by ALDI
- Represents HeartBrand Beef, Inc. in a case alleging monopolization of the Akaushi cattle market
Williams & Connolly LLP fields an antitrust litigation team based entirely in Washington DC, putting a core focus on defense in the pharmaceutical and healthcare sector. John Schmidtlein and Jonathan Pitt share team head duties, with the former representing corporations as well as individual executives on both sides of the fence and the latter specializing in monopoly, monopsony and price-fixing claims. With additional know-how of food and drug law, Benjamin Greenblum's personal practice revolves largely around the team's strong suit in the pharmaceutical space. Representation often includes collaboration with the firm's neighboring departments, for instance the healthcare fraud team.
Other key lawyers:
‘Experienced, pragmatic, business focused, strategic, deep bench.’
‘John Schmidtlein is an excellent strategist and litigator.’
‘Jonathan Pitt displays client focus, is strategic and knowledgeable.’
‘Super-smart, creative and focused.’
‘Heidi Hubbard is excellent at simplifying complex subjects.’
‘Ben Greenblum is a super-smart, creative thinker and exceptional writer.’
‘John Schmidtlein is an effective manager of complex joint defense groups.’
CVS Health Corp.
CVS Health Corp. and Wellpartner, LLC
Bank of America, Merrill Lynch Fenner Pierce & Smith
Par Pharmaceuticals, Inc. and Endo Pharmaceuticals, Inc.
Eli Lilly & Company
CoStar Group, Inc.
Par Pharmaceuticals and Paddock Holdings LLC
- Representing CVS Pharmacy, Inc. and its corporate affiliate, Wellpartner, LLC, as lead trial counsel in three antitrust lawsuits regarding the federal 340B drug program
- Represented Celgene in two cases alleging so-called “REMS abuse,”: Mylan v. Celgene and In re Thalomid & Revlimid Antitrust Litigation
- Representing CVS’s subsidiary Caremark in litigation concerning the prices of certain drugs, accusing the pharmacy benefit manager industry of being partially responsible for increased prices
- Representing Bank of America and Merrill Lynch in connection with 30 class action lawsuits alleging violations of federal antitrust law and the Commodity Exchange Act against over 20 banks
- Acting as lead counsel for Par and Endo in multiple antitrust lawsuits concerning the pricing of various generic medicines
Akin Gump Strauss Hauer & Feld LLP defends civil single plaintiffs as well as class actions lawsuits across a range of sectors such as energy, healthcare, industrials, technology, IP and financial services. Located in Washington DC, Corey Roush is responsible for the antitrust litigation team. He handles bet-the-company matters and also presents individuals and corporate executives at the same time. Fairley Spillman shows experience with multidistrict litigation, especially in defense of energy and healthcare clients. March 2019 saw the arrival of Haidee Schwartz in Washington DC, who returned to private practice after working at the FTC.
‘Their strengths include collaboration, responsiveness, and respect for each other and for lawyers from other firms with whom they have worked on behalf of my company.’
‘They have done a tremendous job of quickly coming up to speed on very complex topics, offering focused and reliable assessments and advice, and thinking strategically several steps ahead of the issues in front of them.’
Enterprise Products Partners
Wilh. Wilhelmsen Holding ASA
RagingWire Data Centers, Inc.
Antech Diagnostics, Inc.
Sunovion Pharmaceuticals Inc.
- Serving as lead counsel defending Antech Diagnostics, Inc. in a putative class action filed by a veterinarian and her practice alleging Antech attempted to monopolize the relevant market through the use of an exclusive dealing agreement
- Defending RagingWire Data Centers, Inc. in an administrative matter filed by the Federal Trade Commission regarding RagingWire’s participation in the Privacy Shield program
Individual and class action cases alleging price-fixing as well as follow-on litigation are the core of Baker & Hostetler LLP. The department is headed by Carl Hittinger, who splits his time between Philadelphia and Washington DC. He fields bet-the-company litigation expertise alongside jury and non-jury trial experience in antitrust and unfair competition matters. In Washington DC, John Fornaciari operates a combined antitrust litigation and white collar defense practice which includes cartel know-how. During the course of 2019, the antitrust welcomed several practitioners: Marc Schildkraut was the first to join the DC office from Cooley LLP in July, Jeffrey Martino changed from his post at the DOJ's New York office in August and September saw the arrival of Michael Holt as Washington DC-based of counsel, previously a GC at Ports American Group.
Funai Electric Co., Ltd.
Nippon Yusen Kabushiki Kaisha (NYK) and NYK Line (North America) Inc.
Alon USA Energy, Inc. (a subsidiary of Delek US Holdings, Inc. and Delek US Energy, Inc.)
Soshin Electric Co. Ltd.
Bobrick Washroom Equipment, Inc.
Brandywine Village Associates
- Defending the NYK companies in claims based on alleged price fixing in the ocean transport of vehicles
- Representing the Soshin companies, manufacturers of capacitors, in defense of numerous individual and class action cases alleging a price fixing cartel among 20-plus Japanese capacitor manufacturers
- Defended Tilcon from allegations that it unlawfully conspired with the City of Meriden, Connecticut, to prevent the development of quarries
- Defending Alon USA Energy, Inc. in claims alleging that the eight defendant refiners colluded in scheduling refinery outages and otherwise creating apparent shortages that artificially raised the price of gasoline in California
Ballard Spahr LLP acts for US companies in the pharmaceutical, chemical, financial and manufacturing sectors, particularly in monopolization and conspiracy cases. Practice leader Leslie John in Philadelphia, defends tying and monopolization theories, among others, and Jason Leckerman has experience with bid-rigging, market allocation and price discrimination claims as well as issues related to ownership structures. Lawsuits at the intersection of antitrust and intellectual property fall to the Philadelphia-based Stephen Kastenberg, as do class actions and civil matters involving collusive dealing. In June 2019, James Lockhart left the Minneapolis office to take up a position as GC at RJM construction.
‘Experienced antitrust litigators who generate good papers, are highly ethical, and have a broad range of experience on the defense side.’
‘Leslie John is a very smart and capable lawyer.’
‘Stephen Kastenberg is capable as well.’
‘Leslie John, the lead anti-trust partner, showed a full grasp of the legal issues and accurately predicted what the plaintiffs would do. She focused the legal strategy early on in a way that turned out to support success on a motion to dismiss with prejudice.’
American Board of Internal Medicine
E. I. du Pont de Nemours and Company
Electric Utility Industry Sustainable Supply Chain Alliance
Johnson & Johnson and Janssen Biotech
CSL Behring, LLC
Railway Engineering-Maintenance Suppliers Association (REMSA)
Lincoln National Life Insurance Company
- Defended the American Board of Internal Medicine (ABIM) against an antitrust class action lawsuit filed by four physicians regarding board certification
- Defending GlaxoSmithKline LLC against claims it abused its purported monopoly power by filing sham citizen petitions with the FDA involving bioequivalency and manufacturing standards
- Representing Johnson & Johnson against claims brought by Pfizer, alleging that J&J threatened to withhold Remicade rebates from insurers and prescribers to undermine Pfizer’s attempts to market its biosimilar
- Defending MarketPlace against claims that its leases now contain a “pouring rights” provision, rendering the leases anticompetitive and allegedly giving exclusive control over beverages sold by concession providers to MarketPlace
- Defended Lincoln National in a lawsuit alleging that Lincoln National violated the antitrust laws by conspiring with other insurers to destroy the secondary market for life insurance policies
Debevoise & Plimpton LLP specializes in assisting clients from asset management, insurance, private equity and healthcare sectors as well as defending putative class actions across numerous industries. The team is spearheaded by a quartet consisting of New-York based partners Daniel Abuhoff, Gary Kubek and Michael Schaper, whereas the fourth team leader Ted Hassi is based in Washington DC. Of the four, Kubek is of particular note to the antitrust defense practice. In collaboration with praised associate Erica Weisgerber in New York, he is well-versed in defending clients in bank reference interest rate class actions.
Other key lawyers:
‘Though their team is very knowledgeable and experienced, they are very kind and cooperative and responsive to non-lawyers questions.’
‘Erica Weisgerber is good and experienced.’
Bain Capital Private Equity, Diamond Castle, and Beacon Health Option
Clayton Dubilier & Rice and Portfolio Companies
DBS Bank Ltd.
Elliott Management Corporation
Impax Laboratories, LLC
Pernod Ricard SA
Prudential Financial, Inc./Assurance IQ
The Bank of Yokohama, Ltd.
Toyota Motor Corporation
Toyota Motor Sales USA, Inc.
TPG Capital and Welsh, Carson, Anderson & Stowe
Tribune Media Company
- Representing The Bank of Yokohama in two large, multi-defendant antitrust putative class actions alleging manipulation of Euroyen TIBOR and Yen-LIBOR
- Represented DBS Bank Ltd and two related entities, in a large, multi-defendant putative class action alleging manipulation of SIBOR
- Represented Impax Labs in an FTC reverse payment challenge
Goldman Ismail Tomaselli Brennan & Baum LLP
Goldman Ismail Tomaselli Brennan & Baum LLP is a trial and litigation boutique headquartered in Chicago, which is also where the antitrust team is based. The firm is well-equipped to take on large commercial cases and displays a key strength in trial strategy. In terms of industry expertise, the group shines specifically in the areas of pharmaceuticals and building materials. Tarek Ismail and Jennifer Greenblatt are in joint charge of the antitrust litigation practice, often serving as strategic counsel to commercial retailers. Thinking beyond antitrust and keeping the bigger picture in mind, both show significant experience with putative antitrust class actions, opt-out suits and price-fixing cases.
‘Jen Greenblatt was excellent at oral argument. She was very prepared and persuasive. The judge paused in the middle of argument to compliment her and say how much he was enjoying their exchange. She also came up with a novel argument that our other firms had not considered and that we are now relying on in multiple cases.’
‘The Goldman Ismail team is smart, responsive, and innovative. They stand out for their communication and timeliness.’
‘Tarek Ismail and Jennifer Greenblatt are blessed with innovative legal minds and old-fashioned common sense. They will present you with good legal strategies, but are realistic about what arguments will work in the real world.’
‘The Goldman team is an outstanding trial team with full service capabilities in terms of case work up and trial work.’
‘Jen Greenblatt is a superb young partner who has outstanding trial skills and is an absolute pleasure to work with.’
Merck & Co., Inc.; Merck Sharp & Dohme Corp.; Schering-Plough Corp.; Schering Corp.; and MSP Singapore Co. LLC
Holcim (US) Inc.
Lafarge North America Inc.; Lafarge Building Materials Inc.
- Served as strategic counsel to Merck & Co., Inc. in defending against over a dozen putative antitrust class actions and opt-out actions all claiming that Merck’s settlement of a Zetia Hatch-Waxman patent case in 2010 violated federal and/or state antitrust laws
- Represented Lafarge North America Inc. in defending against an opt-out antitrust matter brought by Home Depot alleging that Lafarge violated the Sherman Act by participating in a nationwide conspiracy to fix prices in the drywall industry
- Defended Holcim (US) Inc. in a price-fixing antitrust lawsuit brought by cement customers in a related market for concrete
- Represented defendants Lafarge North America Inc. and Lafarge Building Materials Inc. in an antitrust putative class action involving an alleged conspiracy to fix prices, rig bids, and allocate territories and customers in certain markets for ready-mix concrete
- Defending Holcim (US) Inc. in a Sherman Act price-fixing and Robinson Patman Act price discrimination antitrust lawsuit brought by a large cement customer who produces and supplies concrete in the Midwest
As a destination practice for antitrust litigation, Kasowitz Benson Torres LLP regularly represents defendants in cases involving price-fixing, bid-rigging, tying, exclusive dealing, conspiracies and monopolization. Co-heads Sheron Korpus, Hector Torres and Kevin Arquit, who joined from Weil, Gotshal & Manges LLP in February 2019, operate out of the firm's New York office. Of the leading trio, trial expert Korpus is most involved in class action defense, whereas the 'very impressive' Arquit focuses on regulatory aspects and Torres specializes in B2B antitrust. The department's sector expertise ranges from telecoms, publishing and cable to agricultural and processed foods, shipping, chemicals and automobile manufacturing.
‘Kevin Arquit is very impressive both personally and professionally. He more than holds his own with antitrust practitioners, judges and clients.’
‘I consider Sheron Korpus among the country’s most effective defense lawyers in antitrust class actions. He has superb judgment, thinks strategically, and operates with high integrity.’
Ford Motor Company
Blue Cross/Blue Shield Insurers
Fortress Investment Group
- Representing Teva Pharmaceuticals and its US subsidiary Actavis in a multidistrict litigation alleging price-fixing of over 100 generic drugs
- Representing Google in antitrust claims under the Sherman Act for alleged monopolization and violation of California’s unfair competition law concerning the plaintiff’s messenger app
- Advising various law firms representing the Blue Cross/Blue Shield insurers in a class action litigation alleging various Blue Cross/Blue Shield entities and their Association illegally divided the market among themselves
King & Spalding LLP defends corporate clients in antitrust actions including cartel and unilateral conduct cases. The group also draws on its international antitrust partners in Germany and Switzerland to assist multinationals from a broad spectrum of industry sectors such as healthcare, technology and automotive. Department heads Norm Armstrong and Jeffrey Spigel lead the team out of Washington DC. Operating out of Atlanta, Jeffrey Cashdan litigates criminal as well as civil cartel matters alleging clients' involvement in conspiracies. The San Francisco-based Kenneth Steinthal focuses on antitrust matters with an intellectual property aspect, for instance involving the distribution of audio and audiovisual content.
‘Great knowledge of the substantive law and adept at maneuvering complicated issues and offering creative solutions.’
‘Chris Yook is exceptional in his capabilities of applying the relevant law to assist in helping create solutions for the client. He is flexible in his thinking and provides very valuable insights.’
‘Bobby Burchfield is an excellent litigator and is able to provide guidance on many different facets that the client faces.’
Porsche Cars North America
InterContinental Hotels Group
The Coca-Cola Company
Ochsner Health System
Progressive Casualty Insurance Company
Universal Health Services
The Home Depot
Sutter Health System
Starwood Energy Group
Kemira Chemcals, Inc.
Peloton Interactive, Inc.
- Defending Peloton Interactive, Inc. in antitrust litigation alleging collusion among music publishers over the licensing of music used in its interactive workout classes
- Representing Kemira Chemicals, Inc. in In Re Liquid Aluminum Sulfate Antitrust Litigation, which is a consolidated MDL matter alleging a conspiracy in the sale of liquid aluminum sulfate
- Lead counsel defending InterContinental Hotels Group in two antitrust actions alleging a conspiracy among leading hotel brands to fix prices
- Obtained dismissal of Porsche Cars North America, Inc. and Dr. Ing. H.C. F. Porsche AG from multidistrict litigation alleging antitrust conspiracy over technological advancements, features, and costs
- Represents Express Scripts, Inc. and various affiliated entities in a case in which plaintiff pharmacies allege various claims, including attempted monopolization
The core of Pillsbury Winthrop Shaw Pittman LLP's antitrust practice consists of follow-on class actions and direction action litigation, particularly in the electric components industry. Other sectors covered on a regular basis include energy and telecoms. Team heads Roxane Polidora and Jacob Sorensen both work out of San Francisco. 'Pre-eminent litigator' Polidora displays additional retail and hospitality expertise and Sorensen is particularly adept at defending clients in price-fixing cases. Adding to the bench strength in San Francisco, counsel Laura Hurtado is active for technology clients and senior associate Lee Brand undertakes representation in consumer class actions.
‘Roxane Polidora is a pre-eminent litigator who demonstrates concern for her client’s case. She demonstrates a higher level of emotional intelligence than most other attorneys.’
‘Strategic at every turn.’
‘Bold about pursuing defenses or theories separate from a joint defense group think approach, which has resulted in numerous successes.’
‘Roxane Polidora has a high profile in the antitrust bar and is well respected by both the plaintiffs’ and defense bar, as well. She also has a stellar reputation with the Courts, particularly with judges in the Northern District of California, where so many of the antitrust cartel cases and follow on civil litigation are filed.’
KEMET Corporation and KEMET Electronics Corporation
TOKIN Corporation and TOKIN America, Inc.
Ralphs Grocery Store
The Home Depot
Air New Zealand
Bass Pro Shops
24 Hour Fitness
CRST International, Inc. and CRST Expedited, Inc.
- Represented KEMET Corporation and KEMET Electronics Corporation in In Re: Capacitors Antitrust Litigation
- Represented TOKIN Corporation and TOKIN America, Inc. in In Re: Capacitors Antitrust Litigation
- Represented TOKIN Corporation and TOKIN America, Inc. in In Re: Inductors Antitrust Litigation
- Representing four California hospital systems in a class action alleging that Sutter’s various written and oral contracts with network providers contain anti-competitive terms that insulate Sutter from competition and drive up the cost of healthcare
- Representing 24 Hour Fitness in an unfair competition class action
Reed Smith LLP
Reed Smith LLP operates an antitrust litigation practice representing parties on both sides of the "v". The respective client portfolio includes corporations from healthcare, energy, e-commerce and transportation industries. Michelle Mantine in Pittsburgh and Edward Schwartz in Washington DC are in joint charge of the practice. The former fields experience with price-fixing, monopolization, tying, and unfair competition cases, whereas the latter primarily takes on class actions, trials and civil litigation. Daniel Booker splits his time between the team's Pittsburgh and Washington DC hubs, counseling on contentious issues with regard to price-fixing, franchising, monopolization and distributor relations.
The antitrust litigation offering at Ropes & Gray LLP ranges from defense in group boycotts, distribution agreements and price-fixing conspiracies to franchisor/franchisee disputes and interlocking directorates. Clients stem from various industry sectors with a specific focus on life sciences, healthcare, telecommunications and technology. Department head Mark Popofsky is in Washington DC, where the 'creative problem solver' operates a combined intellectual property and antitrust litigation practice. Splitting his time between San Francisco and Washington DC, Chong Park provides key litigation and trial support to the department, which is active for both plaintiffs and defendants as well as third parties.
‘Ropes and Gray has a very strong antitrust practice led by Mark Popofsky.’
‘The team is extremely knowledgeable about the law and always willing to provide creative solutions to difficult issues.’
‘Mark Popofsky is extremely knowledgeable about the anti-trust law who is always willing to dig deeply into black letter law. Mark is exceedingly responsive: he will literally respond 24/7 wherever he is around the globe. Mark is also a creative problem solver who is always willing to go the extra mile for his clients.’
‘Mark Popofsky is an extremely deep thinker about antitrust, but combines it with deep industry knowledge (e.g. of the tech sector) and an understanding of how regulators/enforcers think. He is also an extremely able writer and litigator.’
Charter Communications, Inc.
- Defended Eversource Energy against class action lawsuit brought by retail electricity consumers alleging violations of various federal and state consumer protection and antitrust laws
Skadden, Arps, Slate, Meagher & Flom LLP
Skadden, Arps, Slate, Meagher & Flom LLP defends clients in treble-damage US class actions and opt-out litigation, monopolization claims and other civil disputes in the US. The Washington DC-based Steven Sunshine, global antitrust leader, and North America chair Clifford Aronson in New York jointly lead the antitrust litigation team. Sunshine's litigation experience includes bet-the-company issues as well as merger challenges. Boris Bershteyn in New York fields specific antitrust litigation know-how acting for financial services providers in recent payment and foreign currency exchanges cases. In Washington DC, Tara Reinhart takes on class actions alleging price-fixing as well as defense of monopolization cases.