Erik Koons > Baker Botts L.L.P. > Washington DC, United States > Lawyer Profile

Baker Botts L.L.P.
700 K Street, N.W.
Washington, D.C. 20001-5692
DISTRICT OF COLUMBIA
United States

Work Department

Litigation / Antitrust

Position

Partner

Chair – Antitrust Consumer Products

Career

Erik Koons is a Partner in the Antitrust and Competition Practice of Baker Botts’ Washington, D.C. office. He has more than twenty years of experience representing many of the world’s leading companies in bet-the-company antitrust litigations involving the full gamut of competition related claims, including those alleging price fixing, market and customer allocation, monopolization, monopsonization, “sham” patent litigation, tying and bundling. Many of these litigations have involved massive, nationwide class action claims for both direct and indirect purchaser plaintiffs as well as suits brought by state and federal governments. Mr. Koons’ class action defense experience involves claims seeking in the hundreds of millions to over $10 billion in alleged damages. Mr. Koons’ experience has been concentrated in the pharmaceutical, medical device, CPG/FMCG, technology, telecom, chemical, manufacturing, transportation and electronics industries. Mr. Koons devotes a substantial amount of his practice representing companies in internal competition-related investigations and in connection with investigations launched by federal antitrust enforcement agencies and states attorneys general. He regularly counsels corporations on competition-related business matters and designs and implements antitrust compliance programs for clients across the globe.

Mr. Koons was a member of the trial team that received dismissals of six of the seven price-fixing and monopolization charges for McWane, Inc. in an eight-week bench trial against the FTC. The dismissals marked the first time in nearly 20 years that the Commission ruled against itself following an in-house trial in front of the agency’s administrative law judge. The case earned the McWane trial team the award for “Behavioral Matter of the Year- Americas” by Global Competition Review.

Mr. Koons is a sought-after writer and speaker on a wide range of antitrust topics and has authored competition related articles and publications, including as co-author of the recent chapter of “GCR Know How” and co-editor of the ABA’s publication on Obtaining Discovery Abroad, 3rd ed.

Mr. Koons devotes a portion of his practice to pro bono matters involving those who might otherwise lack access to justice. For example, Mr. Koons mounted a constitutional challenge when his client was confined to solitary incarceration for three years as punishment for defending himself against a brutal assault by a prison gang that left the client in the hospital for an extended period. Mr. Koons tried the case before a federal jury in Syracuse, New York and obtained the only verdict of its kind awarding both compensatory and punitive damages to an incarcerated plaintiff seeking compensation against the state.  Mr. Koons has worked on dozens of other pro bono matters involving applications for DNA evidence review in connection to applications for actual innocence and criminal expungement work to rid individuals of the stigmas that often prevent them from obtaining gainful employment.

From 1999-2000, Mr. Koons was clerk to the Hon. Norman A. Mordue, United States District Court Judge for the Northern District of New York.

Memberships

District of Columbia Bar

New York State Bar

United States Courts of Appeals for the Third, Fifth and Ninth Circuits

United States District Courts for the Northern, Southern, and Eastern Districts of New York

United States District Court for the Northern District of California

United States District Court for the Eastern District of Pennsylvania

Education

J.D., Villanova University School of Law 1998

B.A., Rutgers University 1995
with highest honors
Eagleton Institute of American Politics, undergraduate fellow, 1994-1995

Lawyer Rankings

United States > Antitrust > Civil litigation/class actions: defense

Baker Botts L.L.P. maintains a robust presence in complex antitrust litigation, frequently leading critical defenses for clients involved in cartel, class action, and collusion cases. Paul Cuomo’s practice emphasizes U.S. and multijurisdictional antitrust litigation and investigations, with appearances before numerous international competition enforcement agencies. Erik Koons brings deep experience handling cases involving price-fixing, market allocation, monopolization, and sham patent litigation. James Kress has extensive experience managing competitor and class actions across diverse industries, alongside an active counseling and compliance practice. John Taladay leads the practice, offering specialized expertise in merger clearances and regularly appearing before the FTC, DOJ, and European Commission to facilitate high-profile M&A transactions. Thomas Carter applies his strong understanding of DOJ and FTC regulatory processes to assist with merger clearance matters. All mentioned lawyers are based in Washington DC.

United States > Antitrust > Cartel

Lauded as ‘strategic and client-focused’, the cartel group at Baker Botts L.L.P. is renowned for its expertise across industries such as pharmaceuticals, healthcare, manufacturing, automotive, and TMT. The team handles all aspects of cartel investigations, from dawn raids and leniency applications to plea negotiations and government subpoena responses, with expertise in follow-on class actions. Spearheading the team is John Taladay, who regularly represents clients in proceedings involving the FTC, DOJ Antitrust Division, and the European Commission, with a strong focus on cases involving price fixing, bid rigging, market allocation, and unfair trade practices. Erik Koons handles high-profile antitrust litigation, including cases related to tying, bundling, and monopolization. The San Francisco team was bolstered in February 2025 by the addition of Matthew Jacobs, formerly of DLA Piper LLP (US). All mentioned attorneys are based in Washington DC unless otherwise stated.