Stephen McIntyre

Partner

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Stephen McIntyre is a versatile antitrust lawyer who represents clients in civil and criminal investigations, government enforcement actions, and high-stakes private litigation. Stephen brings skill, insight, and practicality to each matter—be it a nationwide class action, a suit against a client’s chief competitor, or an inquiry from a federal or state antitrust enforcer.

Stephen has secured victories for clients in the pharmaceutical, technology, and entertainment industries, among others. His recent successes include an across-the-board summary judgment win in In re Optical Disk Drives, a consumer class action in which plaintiffs sought billions in alleged damages from major electronics companies; the dismissal with prejudice of antitrust conspiracy claims against manufacturers of dynamic random access memory (DRAM) chips; and a total victory for a pharmaceutical client whose largest competitor had accused it of monopolizing the market for a life-saving drug.

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Admissions

Bar Admissions

  • California

Court Admissions

  • US District Court for the Central and Northern Districts of California
  • US District Court for the Northern District of Florida
  • US Court of Appeals, Third and Ninth Circuits

Education

  • Duke University, J.D.
  • Duke University, M.A., East Asian Studies
  • Brigham Young University, B.A., Chinese: magna cum laude

Professional Activities

Author

  • “The FTAIA’s “Domestic Effects” Exception: Why the Ninth Circuit Got It Right,” Competition (Fall 2020)
  • “May I Have Another? Antitrust Immunity For Serial Petitioning,” Daily Journal (June 24, 2020)
  • “Private Rights and Public Wrongs: Fair Use as a Remedy for Private Censorship,” Gonzaga Law Review (2012-2013)
  • “The Yang Obeys, But the Yin Ignores: Copyright Law and Speech Suppression in the People’s Republic of China,” UCLA Pacific Basin Law Journal (2012)
  • “Trying to Agree on Three Articles of Law: The Idea/Expression Dichotomy in Chinese Copyright Law,” Cybaris: An Intellectual Property Law Review (2010) 

Co-Author

  • “High Court Disgorgement Ruling Doesn’t Empower FTC,” Law360 (July 8, 2020)
  • “Extraterritoriality After Vitamin C: Are We Between a Rock and a Hard Place?”, Antitrust Magazine (Fall 2018)
  • Antitrust Class Actions After the Supreme Court’s 2015 Term,” Bloomberg BNA Antitrust & Trade Regulation Report (November 2015)
  • “Where to Draw the Line: Should the FTAIA’s Domestic Effects Test Apply in Criminal Prosecutions?”, Antitrust Magazine (Summer 2015)
  • “The Continuing Violations Doctrine: Limitation in Name Only, or a Resuscitation of the Clayton Act’s Statute of Limitations?”, Competition (Spring 2015)
  • “The Continuing Relevance of Patent Validity in Reverse-Payment Litigation,” Concurrences (Spring 2014)
  • “Preserving Legal Privileges in the U.S., California, and the EU,” Antitrust Report (December 2012)
  • United States Chapter, Intellectual Property and Antitrust: Getting the Deal Through (2012-2016 editions)

Presenter

  • “At the Intersection of Antitrust & Intellectual Property: Recent Trends,” CLE Presentation (October 2018)
  • “Product Hopping, Life Cycle Management, and the Namenda and Doryx Decisions,” O’Melveny & Myers LLP Life Sciences CLE Marathon (September 29, 2016)
  • Gave guest lectures on cartel enforcement in antitrust class at the University of Southern California Gould School of Law (April 2015 & April 2016)
  • “Beyond FTC v. Actavis: Recent and Emerging Issues at the Intersection of Antitrust and the Pharmaceutical Industry,” Antitrust and Unfair Business Practices Section of the L.A. County Bar Association (May 29, 2015)
  • “Courtroom Drama with Chinese Characteristics: A Comparative Approach to Legal Process in Chinese Cinema,” 64th Annual Kentucky Foreign Language Conference, East Asian Studies Division, University of Kentucky (April 14-16, 2011)
  • Represented Samsung Electronics Co. in In re Dynamic Random Access Memory (DRAM) Indirect Purchaser Antitrust Litigation and In re Dynamic Random Access Memory (DRAM) Direct Purchaser Antitrust Litigation, putative class actions in which the plaintiffs alleged a conspiracy to restrict the global supply of DRAM products. Repeatedly prevailed over direct- and indirect-purchaser plaintiffs, securing dismissals of the plaintiffs’ successive complaints.
  • Represented Samsung Bioepis in In re Humira (Adalimumab) Antitrust Litigation, the first “reverse-payment” litigation involving biologics and biosimilars. Played a leading role in developing the defendants' dismissal arguments. In June 2020, the district court granted in full defendants' motion to dismiss.
  • Wrote winning summary judgment brief on behalf of Samsung Electronics Co. in In re Optical Disk Drives Antitrust Litigation, extinguishing class plaintiffs’ multi-billion dollar treble damages claim against electronics manufacturers. In November 2019, the Ninth Circuit upheld the decision.
  • Represented Impax Laboratories at trial in a Federal Trade Commission enforcement action challenging an alleged “reverse-payment” patent settlement. Took direct examination of Impax’s principal economic expert at trial and wrote Impax’s post-trial briefs.
  • Represented legendary boxing promoter Top Rank in a high-profile antitrust and unfair competition lawsuit against famous boxing magnate. After defeating a hard-fought motion to dismiss, obtained a favorable settlement with significant monetary and structural relief for client. 
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Alerts and Publications

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

一月 22, 2021

Germany Strengthens Antitrust Enforcement Powers to Rein in Big Tech

一月 19, 2021

China Expands National Security Review of Foreign Investments

一月 12, 2021

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

十二月 23, 2020

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

十二月 21, 2020

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

十二月 17, 2020

New Guidelines Clarify When Antitrust Division Will Consider Using Arbitration

十二月 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

十一月 20, 2020

China Publishes “Unreliable Entities” Rules Targeting Foreign Enterprises

九月 22, 2020

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

九月 18, 2020

Hong Kong Competition Tribunal Approves First Cartel Settlement

八月 13, 2020

Congress Reauthorizes ACPERA and Repeals Sunset Provision

七月 17, 2020

Law360: High Court SEC Disgorgement Ruling Doesn’t Empower FTC

七月 8, 2020

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

七月 2, 2020

DOJ and FTC Issue New Vertical Merger Guidelines

七月 1, 2020

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

六月 25, 2020

Daily Journal: May I Have Another? Antitrust Immunity for Serial Petitioning

六月 24, 2020

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

六月 23, 2020

May Price Gouging Update

六月 4, 2020

Updates on Recent US Merger Control Developments - May 2020

五月 22, 2020

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

五月 19, 2020

COVID-19 Antitrust M&A Considerations

五月 7, 2020

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

五月 6, 2020

Price Gouging Update—April 2020

四月 30, 2020

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

四月 27, 2020

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

四月 23, 2020

Antitrust Agencies Watch for Labor Market Collusion in the Healthcare Industry

四月 20, 2020

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

四月 15, 2020

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

四月 14, 2020

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

四月 9, 2020

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

四月 8, 2020

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

四月 2, 2020

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

四月 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

三月 30, 2020

Competitor Collaborations and Communications in Time of Crisis: Practical Guidance

三月 26, 2020

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

三月 25, 2020

European Antitrust in the Time of COVID-19

三月 25, 2020

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

三月 20, 2020

Press Releases

In the News