Stephen McIntyre

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 a Ninth Circuit victory affirming the dismissal of antitrust conspiracy claims against manufacturers of dynamic random access memory (DRAM) chips; a sweeping summary judgment win on behalf of ExxonMobil in an antitrust conspiracy case in which plaintiffs sought tens of billions of dollars in damages; the complete dismissal of monopolization and “reverse-payment” claims in In re Humira, an antitrust case involving the world’s highest-selling biologic drug; and 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.

• Represented Samsung Electronics Co. Ltd. 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. Stephen repeatedly prevailed over direct- and indirect- purchaser plaintiffs, securing dismissals of the plaintiffs' successive complaints. In 2022, the Ninth Circuit unanimously affirmed the dismissal with prejudice of the indirect purchasers' complaint, which led the direct purchasers to abandon their appeal. See In re Dynamic Random Access Memory (DRAM) Indirect Purchaser Antitrust Litig., 28 F.4th 42 (9th Cir. 2022).
• Secured the dismissal with prejudice of attempted monopolization and conspiracy claims asserted against Novartis Pharmaceuticals by one of its largest competitors. See Novartis Pharma AG v. Regeneron Pharms., 582 F. Supp. 3d 26 (N.D.N.Y. 2022).
• Represented Samsung Bioepis in In re Humira (Adalimumab) Antitrust Litigation, the first “reverse- payment” litigation involving biologics and biosimilars. Stephen played a leading role in developing the defendants' dismissal arguments. In June 2020, the district court granted defendants’ motion to dismiss in full, and in August 2022, the Seventh Circuit unanimously affirmed. See In re Humira (Adalimumab) Antitrust Litigation, 465 F. Supp. 3d 811 (N.D. Ill. 2020), aff’d sub nom. Mayor & City Council of Baltimore v. AbbVie Inc., 42 F.4th 709 (7th Cir. 2022).
• Defended ExxonMobil Corp. against an antitrust class action alleging that oil refiners colluded to increase California gasoline prices by reducing the supply of gasoline to the state. In September 2022, the district judge granted summary judgment in favor of ExxonMobil and its co-defendants, extinguishing claims seeking tens of billions of dollars in total damages.
• Obtained summary judgment on behalf of Par Sterile Products LLC and Par Pharmaceutical Cos., Inc. in an antitrust case alleging that the defendants monopolized the market for a life-saving injectable product by entering into unlawful exclusive agreements with suppliers of the active pharmaceutical ingredient used to manufacture the product.
• Wrote the winning summary judgment brief on behalf of Samsung Electronics Co. Ltd. in In re Optical Disk Drives Antitrust Litigation, wiping out class plaintiffs’ multi-billion-dollar treble damages claims against the world's leading electronics manufacturers. In November 2019, the Ninth Circuit upheld the decision. See In re Optical Disk Drive Prods. Antitrust Litig., 785 F. App’x 406 (9th Cir. 2019).
• Represented Impax Laboratories at trial in a Federal Trade Commission enforcement action challenging an alleged “reverse-payment” patent settlement. Stephen took the 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, the O'Melveny team obtained a favorable settlement with significant monetary and structural relief for Top Rank.