Andrew Frackman

Partner

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Andrew Frackman is one of the firm’s most experienced trial lawyers, having tried, as lead or co-lead counsel, more than 20 cases or arbitrations through the close of evidence or arbitral award in state and federal courts and before numerous arbitral panels. His trial experience has involved such diverse disputes as antitrust, contract/commercial, intellectual property, insurance coverage, and federal tax claims. In 2022, he has three trials scheduled (two jury and one bench): US Airways v. Sabre, United States v. Bertelsmann, and AngioDynamics v. Bard.

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Languages

  • Russian

Honors & Awards

  • Recognized by Chambers USA in Litigation: General Commercial (2021-2022)
  • Recommended by The Legal 500 US for General Commercial Disputes (2020), Antitrust Law (2016, 2018-2019), Cartel (2021), and Civil Litigation/Class Actions (2021)

Admissions

Bar Admissions

  • New Jersey
  • New York

Court Admissions

  • US District Court, District of New Jersey, District of Colorado, Northern, Eastern and Southern Districts of New York
  • US Court of Appeals, Second, Third, Fourth, and Ninth Circuits
  • US Tax Court
  • US Supreme Court

Education

  • Columbia University, J.D., 1981: Harlan Fiske Stone Scholar (1979-81); Finalist, Harlan Fiske Stone Moot Court Competition (1980)
  • Harvard University, A.B., History, 1977: cum laude

Professional Activities

Chair

  • Chairman, New York Regional Board, Anti-Defamation League (2015-2017)
  • Anti-Defamation League, Legal Conference (N.Y. 2003)
  • New York State Bar Association "Federal Court Practice" Seminar, New York City (Spring 1995) 

Member

  • New York State Bar Association, Antitrust Section, Executive Committee (2008-2013)
  • Association of the Bar of the City of New York, Committee on Antitrust and Trade Regulation (2002-2005), Committee on Federal Legislation (1987-90)
  • American Bar Association (Litigation and Antitrust Law Sections) 

Author

  • Internet Privacy: A Legal and Business Guide (American Lawyer Media 2002)
  • “An Update From the Patent Wars,” The New York Law Journal (November 29, 2000) and The National Law Journal (December 25, 2000)
  • “Patent Law: E-Commerce Damages Awards,” The National Law Journal (July 3, 2000)
  • “Surf's Up: Wave of E-Commerce Patent Litigation Coming,” The New York Law Journal (April 17, 2000)
  • “Surfing the Wave of On-Line Privacy Litigation,” The New York Law Journal (March 14, 2000)
  • Cross-Examination in Law and Practice of Insurance Coverage Litigation (West 2000)
  • “Despite Supreme Court's 'Kodak' Ruling, Manufacturers Continue to Fend Off ISO's Claims of Sherman Act Violations in Aftermarkets for Parts and Service,” The National Law Journal (August 14, 1995)
  • ACTWU v. Wal-Mart: Is This the Cost of Corporate Democracy? Insights (August 1995)
  • “Shareholder Public Policy Proposals and the No-Action Letter Process,” 27 Rev. of Securities and Commodities Reg. 43 (March 9, 1994)
  • “Restricting a Former Employee's Use of Trade Secrets in New York,” New York State Bar Journal (December 1993) 

Co-Author

  • “The Capper-Volstead Act Exemption and Supply Restraints in Agricultural Antitrust Actions,” Competition: The Journal of the Antitrust and Unfair Competition Law Section of the State Bar of California, Vol. 19, No. 2, pp. 69 et seq. (Fall 2010) (with Kenneth R. O’Rourke)
  • “Alien Concepts for the Chinese,” International Financial Law Review (May 2008) (with Bingna Guo)

Speaker

  • Antitrust Expert Training Academy, New York State Bar Association (N.Y. October 2018)
  • IQPC Conference on Subprime and the Credit Crisis, “The Subprime Crisis: Emerging Litigation Trends” (N.Y. Feb. 2008)
  • West LegalWorks 17th, 16th, 15th, and 14th Annual Institute on Litigation and Resolution of Class Actions, "Recent Developments in Antitrust Class Actions” (N.Y. 2007, 2006, 2005, 2004)
  • Mealey’s Reinsurance 101 Conference “The Arbitration Process” (Boston, February 2004)
  • PricewaterhouseCoopers Intellectual Property Leadership Conference, “Your Business, Their Business and the Role of Business Method Patents” (Palm Desert, California, February 2001)
  • ABA Intellectual Property/Antitrust Roundtable, “Walker Process Claims after Nobelpharma” (May 1999)

Antitrust

Individual Plaintiff Cases

  • US Airways, Inc. v. Sabre Holdings Corp., et al., Civ No. 1:11-cv-2725 (S.D.N.Y.). In 2022, successfully led team to a jury verdict finding Sabre violated Sherman Act, section 2,following successfully winning a jury verdict in 2016, which was later reversed because of a flawed jury instruction.
  • AngioDynamics v. C.R. Bard, Case No. 1:17-cv-00598-BKS-CFH (N.D.N.Y.) Lead counsel for C. R. Bard in a Sherman Act Section 1 tying case brought by a competing provider of medical devices. Three-week jury trial scheduled for September 2022.
  • American Airlines, Inc. v. Despegar.com USA, Inc. et al., Case No. 13-22773-CV (Gayles) (S. D. Fla.) Represented American Airlines on antitrust counterclaims brought by online travel agent.
  • American Express v. Visa, et al. (S.D.N.Y. 2004). Represented Capital One Financial in action brought by American Express against the payment card networks and issuing banks alleging that they conspired to prevent American Express from competing in the network services market.
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Alerts and Publications

Eleventh Circuit Holds That a Franchisor and Its Franchisees May Violate Sherman Act by Entering Into No-Hire Agreements

September 12, 2022

DOJ Breathes New Life into Section 2 Criminal Enforcement

March 8, 2022

FTC Announces New 2022 HSR Reporting Thresholds and Renews Call to Congress for Additional Funding

January 25, 2022

Prompted by Sweeping Executive Order on Competition, New Leadership at US Antitrust Agencies to Launch Review of Merger Guidelines; Similar Initiatives in Europe and China May Signal Greater Convergence in Enforcement Across Jurisdictions

July 26, 2021

Unanimous Supreme Court Affirms Injunction Barring NCAA Rules that Limit Education-Related Compensation to Student Athletes

June 30, 2021

Supreme Court Holds That FTC Cannot Sue for Monetary Relief: AMG Capital Management v. FTC

April 26, 2021

European Commission Extends Reach Over Non-Reportable Transactions

April 6, 2021

Senator Klobuchar Unveils Broad New Proposed Antitrust Legislation

February 8, 2021

FTC Adjusts New 2021 HSR Reporting Thresholds Downward

February 3, 2021

EU Commission Publishes Text of EU-China Comprehensive Agreement on Investment

January 27, 2021

The Department of Justice Antitrust Division Brings First-Ever Criminal No-Poach Case

January 22, 2021

Germany Strengthens Antitrust Enforcement Powers to Rein in Big Tech

January 19, 2021

China Expands National Security Review of Foreign Investments

January 12, 2021

European Commission Plan to Reform Europe’s Digital Space - Part 2 - Draft Digital Services Act

December 23, 2020

European Commission Plan to Reform Europe’s Digital Space - Part 1 - Draft Digital Markets Act

December 21, 2020

The Department of Justice Antitrust Division Brings First-Ever Criminal Labor Market Collusion Case

December 17, 2020

New Guidelines Clarify When Antitrust Division Will Consider Using Arbitration

December 1, 2020

The UK National Security and Investment Bill: Strengthening scrutiny of investment in the UK and introducing the UK’s first mandatory notification regime

November 20, 2020

In the News

Global Competition Review: Publishing Duo Label DOJ Market ‘Artificial’ at Close of Trial

August 22, 2022

Law360: Book Publishers Say DOJ Hasn’t Shown Harm To Authors

August 19, 2022

Law360: Court Questions Penguin’s Bid Policy In Merger Challenge

August 18, 2022

Law360: Publishing Merger Won’t Hurt Competition, Yale Prof Says

August 16, 2022

Law360: Penguin Exec. Says Internal Book Competition Is Strong

August 15, 2022

Law360: Author, Agents Say Advances Only Part Of Puzzle

August 11, 2022

Global Competition Review: DOJ’s Expert: New Publisher Unlikely to Replace Simon & Schuster

August 10, 2022

Law360: Agent Says Authors Want Best Deal, Not Most Upfront Money

August 10, 2022

Law360: Penguin CEO Says Simon & Schuster Deal Is For Market Share

August 4, 2022

Law360: DOJ Tells Judge Book Merger Would Reduce Author Pay

August 1, 2022

Law360: DOJ’s Penguin-Simon & Schuster Challenge Eyes August Trial

December 10, 2021

Press Releases