Eric specializes in US antitrust litigation, representing clients in complex, high-stakes litigation in federal district and appellate courts throughout the United States. As co-chair of our Global Antitrust Litigation Group and a member of our global Board, he brings a powerful combination of strategic judgment, pragmatism, and commercial understanding to his work, along with the resolve to defend our clients’ interests at trial where necessary.
Drawing on over 30 years of litigation experience, Eric has successfully defended clients in civil and criminal investigations, federal and state enforcement actions, and regulatory proceedings in the US and Europe. He has prevailed in litigation on behalf of our clients across the entire range of antitrust issues, from Section 2 monopolization challenges to Section 1 cartel cases to Section 7 merger challenges.
In addition to his litigation work, Eric has guided clients through antitrust investigations and second phase merger proceedings on both sides of the Atlantic, particularly where there is a significant potential for the relevant agency to challenge the transaction at issue. He is known for crafting innovative strategies that play well with decision-makers and get complex deals over the line.
Eric’s ability to help clients achieve their objectives in the face of powerful opposition is evidenced by his history of precedent-setting work. He is one of a small number of antitrust litigators in the country to have taken antitrust cases to...
- Lead counsel representing Google in The State of Texas, et al. v. Google, LLC (ED Texas), United States v. Google LLC (EDVA), and in the MDL In re Google Advertising Antitrust Litigation (SDNY), in its defense of litigation brought by the US DOJ, Texas AG, and 33 other state AGs, as well as various class action plaintiffs, alleging violations of Sections 1 and 2 of the Sherman Act in connection with Google’s ad tech business.
- Lead counsel defeating the FTC at trial in that agency’s challenge to Evonik’s proposed acquisition of PeroxyChem, a competing hydrogen peroxide producer. This victory ended the FTC’s seven-trial win streak in litigated merger challenges and marked only the second time the FTC has been defeated at trial since 2011 (DDC).
- Lead counsel for Norwegian farm-raised salmon producer in multidistrict US class action litigation alleging price-fixing of farm-raised Atlantic salmon sold into the United States (SD Fla, D Me).
- Assisted Change Healthcare and its lead counsel with trial preparation in Change Healthcare's successful defense of the US DOJ's challenge to its acquisition by UnitedHealthcare in United States v. UnitedHealthcare Group Inc. (DDC).
- Successfully defended leading multinational chemicals company in a putative class action lawsuit alleging that competing diisocyanate producers reduced output through coordinated, pretextual facility shutdowns and increased prices through coordinated price increase announcements (WD Pa).
- Lead counsel for Lufthansa, Lufthansa Cargo, and Swiss International Air Lines in the In re Air Cargo Shipping Services Antitrust Litigation, which included more than 90 class actions alleging worldwide conspiracy to fix fuel and security surcharges on air cargo flights (EDNY).
- Represented innovator pharmaceutical company Cephalon against FTC and private plaintiff “reverse payment” actions under FTC Act § 5 and Sherman Act seeking over $5 billion in disgorgement and damages (DDC, ED Pa).
- Successfully defended Intel against FTC enforcement action under Section 5 of the FTC Act (FTC Part III administrative adjudication).
- Successfully represented Braintree Laboratories at trial in patent infringement action, where competitor asserted antitrust counterclaims for unfair competition and violation of the Sherman Act § 2 under Professional Real Estate Investors “sham” litigation exception to Noerr–Pennington immunity (D Del).
- Successfully represented a broad range of other US and international clients in merger investigations, criminal grand jury investigations, and complex civil litigation and arbitration in the United States, Europe and around the world, including International Paper, Dean Foods, Andritz AG, Grieg Seafood, Outokumpu Oy, Washington Gas, Salt River Project, Schaeffler AG and Distrigas NV.
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