Ben Bradshaw

Partner

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The Co-Chair of the Firm’s Antitrust and Competition Practice, Benjamin G. Bradshaw focuses on antitrust and competition law litigation, investigations, and regulatory counseling. In addition to his antitrust and competition law practice, Ben has developed extensive expertise in the financial services area, representing financial services institutions in a range of class action litigation involving retirement plan services matters. Ben also regularly advises aviation clients on a wide variety of aviation regulatory and compliance issues and has significant litigation experience in the healthcare industry.

Ben has been recognized by Legal 500 United States for his antitrust litigation practice. He has a wealth of experience in complex antitrust counseling, investigations, and litigation, as well as agency investigations and merger reviews. Ben regularly represents multinational clients in connection with international cartel investigations and class action litigation. He has defended major companies in a wide range of private antitrust actions involving claims of price-fixing, monopolization, and unfair and deceptive trade practices. He has also represented clients in multiple criminal proceedings and investigations before the Department of Justice.

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Honors & Awards

  • Recommended by Legal 500, Antitrust, Transportation Litigation and Mergers & Acquisitions

Admissions

Bar Admissions

  • District of Columbia
  • California 

Court Admissions

  • US District Court, District of Columbia
  • US District Court, Northern District of California

Education

  • University of Southern California, J.D., 1996: Executive Articles Editor, University of Southern California Law Review
  • University of Southern California, M.A., International Relations, 1996 
  • Yale University, B.A., 1993

Professional Activities

Clerkships

  • Honorable Tena Campbell, U.S. District Court, District of Utah

Member

  • American Bar Association, Antitrust Section

Author

  • “Further Liberalization of the U.S. — European Aviation Market is Probably on its Way, But When and in What Form?” The Transportation Update, ABA Section of Antitrust Law (Winter 2005)

Co-Author

  • “Extraterritoriality After Vitamin C: Are We Between a Rock and a Hard Place?,” ABA Antitrust Magazine (Fall 2018, with Stephen McIntyre and Scott Schaeffer)
  • “International Comity in the Enforcement of U.S. Antitrust Law in the Wake of In Re Vitamin C,” ABA Antitrust Magazine (Spring 2017, with Julia Schiller and Remi Moncel)
  • “Where to Draw the Line: Should the FTAIA’s Domestic Effects Test Apply in Criminal Prosecutions?,” ABA Antitrust Magazine (Summer 2015, with Ian Simmons and Stephen McIntyre)
  • “Foreign Sovereignty and U.S. Antitrust Enforcement: Is “The State Made Me Do It” a Viable Defense?,” ABA Antitrust Magazine (Summer 2012, with Julia Schiller and Ramesh Nagarajan)
  • “Litigating Venue in Federal Antitrust Actions: Are Contacts With The Forum Required?”, The Antitrust Practitioner, ABA Section of Antitrust Law (January 2010, with Ben Labow)
  • “Final Descent? The Future of Antitrust Immunity in International Aviation,” Competition Policy International (September 2009, with Bimal Patel)
  • “ACPERA - Lasting Limits Or Fleeting Experiment?” Competition Law 360 (March 2009, with Angela Wilks) 

Contributor

  • Antitrust Law Developments, ABA Section of Antitrust Law (6th ed. 2007)

Chapter Author

  • The Indirect Purchaser Handbook, American Bar Association (2007)

Antitrust and Competition

  • Representing Par Pharmaceutical, Inc. in a purported antitrust class action alleging a conspiracy to monopolize and allocate the market for the drug Seroquel XR based on a so-called “reverse payment” arising from a settlement of patent litigation between the manufacturer of the brand drug and a generic company
  • Representing Samsung Bioepis in In re Humira Antitrust Litigation, the first purported antitrust class action involving allegations of a so-called “reverse payment” involving biologics and biosimilar drug products
  • Representing American Airlines in connection with a series of class action complaints alleging collusion to restrain capacity in the domestic airline industry 
  • Representing Par Pharmaceutical Companies, Inc. and Par Sterile Products LLC in antitrust treble damages action involving claims of exclusive dealing and monopolization brought by Fresenius Kabi USA
  • Represented Samsung Electronics Co. in In re Optical Disk Drives Antitrust Litigation, obtaining summary judgment and dismissal of multi-billion dollar treble damages claim
  • Represented Alaska Airlines in connection with the DOJ investigation of its merger with Virgin America and in connection with private litigation challenging the transaction
  • Represented Sysco Corporation at trial in connection with the Federal Trade Commission's suit to block Sysco's acquisition of US Foods
  • Represented Samsung Electronics Corporation and Samsung Electronics of America in the In re Cathode Ray Tube (CRT) Antitrust Litigation involving federal direct purchaser conspiracy claims and state indirect purchaser claims
  • Represented Asiana Airlines in the In re Air Cargo Shipping Service Antitrust Litigation in claims of price-fixing in the air cargo industry
  • Represented affiliates of Humana, Inc. in litigation involving allegations of a group boycott and other unfair competition practices in health care provider contracting
  • Represented a major managed care organization in federal litigation relating to a Department of Defense healthcare program
  • Represented Chemtura Corporation in multiple federal and state price-fixing actions, including the Multi-District Litigation proceedings In re Rubber Chemicals Antitrust Litigation (alleging price-fixing of rubber chemicals), In re EPDM Antitrust Litigation (alleging price-fixing of ethylene propylene diene monomer), In re Plastic Additives Antitrust Litigation (alleging price-fixing of plastic additives), In re NBR Antitrust Litigation (alleging price-fixing of nitrile rubber), and In re Urethanes Antitrust Litigation (alleging price-fixing of urethanes chemicals)
  • Represented US Airways in In re Northwest Airlines Antitrust Litigation, a class action lawsuit alleging that airline ticketing rules that prohibit "hidden-city ticketing" violated Section 1 and 2 of the Sherman Act

Investment and Retirement Plan Services

  • Defending Reliance Trust Company in putative class action alleging various fiduciary breaches under ERISA arising from investment selections and recordkeeping fees in connection with a 401(k) plan
  • Representing Ameriprise Financial, Inc. in class action litigation alleging fiduciary breaches and prohibited transactions in connection with propriety investment options in 401(k) plan
  • Represented affiliates of Fidelity Investments in class action litigation, including a trial, challenging the reasonableness of fee structures, including excessive administrative and investment management fees, in 401(k) plan service arrangements

Transportation Regulatory

  • Representation of numerous clients in connection with the United States Department of Transportation foreign investment regulations
  • Represented US Airways in multiple proceedings before the United States Department of Transportation on various matters, including international route authority proceedings, consumer protection investigations, certificate transfers, and airport access and slot proceedings
  • Represented Prestige Cruise Holding, Inc., in connection with United States Department of Transportation investigation involving consumer advertising regulations
  • Represented Midway Investment and Development Company in connection with the privatization of Chicago's Midway International Airport, the first attempted privatization of a large-hub U.S. commercial airport

Alerts and Publications

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

China Publishes “Unreliable Entities” Rules Targeting Foreign Enterprises

September 22, 2020

DOJ Issues Letter Encouraging IEEE to Change Policy on Standard Essential Patents

September 18, 2020

Hong Kong Competition Tribunal Approves First Cartel Settlement

August 13, 2020

Congress Reauthorizes ACPERA and Repeals Sunset Provision

July 17, 2020

DOJ’s Prosecution of Generic Drug Companies Continues as it Announces Price-Fixing Charges Against Glenmark Pharmaceuticals, Inc.

July 2, 2020

The UK’s Competition and Markets Authority Targets Big Tech

July 2, 2020

DOJ and FTC Issue New Vertical Merger Guidelines

July 1, 2020

Germany’s Federal Cartel Office Calls for the EU Court of Justice’s Guidance on Important Patent Licensing Issues

June 25, 2020

Germany’s Supreme Court Sides with National Antitrust Enforcer in Facebook Abuse of Dominance Case

June 23, 2020

May Price Gouging Update

June 4, 2020

Updates on Recent US Merger Control Developments - May 2020

May 22, 2020

New Proposed Legislation in California Increases Antitrust Scrutiny in M&A and Other Activities in the Healthcare Industry

May 19, 2020

COVID-19 Antitrust M&A Considerations

May 7, 2020

Collusion in the Healthcare Industry: DOJ Charges Oncology Group for its Participation in a Criminal Antitrust Conspiracy

May 6, 2020

Price Gouging Update—April 2020

April 30, 2020

Gun-Jumping Concerns for Pending Transactions When There Is No Such Thing as “Ordinary Course of Business”

April 27, 2020

The Failing Firm Merger Defense in Times of Economic Turmoil: Past Lessons and the COVID-19 Crisis

April 23, 2020

Antitrust Agencies Watch for Labor Market Collusion in the Healthcare Industry

April 20, 2020

DOJ and FTC on Alert for Anticompetitive Conduct in Labor Markets for COVID-19 Essential Workers

April 15, 2020

Nationwide Shortages Open New Frontiers in Fight Against COVID-19-Related Price Gouging

April 14, 2020

Hong Kong Competition Commission Consults on Proposed Commitments Offered by Online Travel Agents to Remove Parity Clauses from Agreements with Accommodation Providers

April 9, 2020

China Adopts Antitrust Enforcement Policy to Fight COVID-19 and Spur Economic Recovery

April 8, 2020

Antitrust Implications of the President’s Invocation of the Defense Production Act

April 2, 2020

Department of Health and Human Services Triggers Price Gouging and Hoarding Provisions of Defense Production Act

April 1, 2020

Hong Kong Competition Commission Issues Statement on the Application of the Competition Rules to Cooperation Agreements Between Companies Responding to the COVID-19 Pandemic

March 30, 2020

Competitor Collaborations and Communications in Time of Crisis: Practical Guidance

March 26, 2020

Antitrust Agencies Provide Guidance for Competitor Collaborations in Healthcare Sector as COVID-19 Outbreak Deepens

March 25, 2020

European Antitrust in the Time of COVID-19

March 25, 2020

Antitrust Enforcers to be Active Monitoring Marketplace Activity Related to COVID-19

March 20, 2020

FTC Announces New 2020 HSR Reporting Thresholds

January 28, 2020

US Antitrust Agencies Continue to Focus on Common Ownership

February 22, 2019

In the News

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