Erik Koons

Partner

Erik Koons

Washington, D.C.

P: +1.202.639.7973
F: +1.202.585.1086
  • In re Generic Pharmaceuticals Pricing Antitrust Litigation. Representing pharmaceutical defendants as co-lead counsel in massive MDL litigation brought by state attorneys general, individual, direct action plaintiffs, and putative classes of direct, intermediate, and end purchaser plaintiffs.  
  • Somers et al. v. QVC, Inc. Representing QVC, Inc. as lead antitrust counsel in defense of monopolization claim brought by Suzanne Somers and Somers’ owned company.
  • PharmacyChecker.com v. National Association of Boards of Pharmacy, et al. Lead counsel representing the National Association of Boards of Pharmacy in defense of Sherman Act Section 1 conspiracy claim and false advertising claim under the Lanham Act.
  • In re Cathode Ray Tube (CRT) Antitrust Litigation. Representing Philips in all aspects of state AG, opt-out, and class action cases before MDL court in San Francisco alleging price fixing claims under the Sherman Act and state competition-related laws.
  • Represented multinational manufacturing client in large, years-long government enforcement investigation relating to competition issues involving client’s operations in North America, South America, Europe and Asia. Resolved favorably for client. 
  • New Prime v. Eaton Corporation – Represented defendant in action alleging monopolization, exclusionary conduct, fraud, unfair competition, and unjust enrichment brought by an indirect purchaser in federal court in Missouri. Received full dismissal of complaint at motion to dismiss stage.
  • Mark S. Wallach and In re Class 8 Truck Transmission Indirect Purchaser Litigation v. Eaton. Represented Eaton in direct and indirect purchaser class action suits; received dismissal of the direct purchaser case and a denial of class certification in the indirect purchaser suit; both decisions affirmed on appeal.
  • Metaswitch Networks Ltd., v. Ribbon Communications Inc., managed defense of claims alleging violation of Sherman Act Sections 1 & 2, Lanham Act, and state unfair competition and false advertising laws. Case settled after successful change of venue motion.
  • In re Wholesale Grocery Products Antitrust Litigation, MDL Docket No. 2090 (D. Minn.). Counsel for defendant C&S Wholesale Grocers, Inc., MDL Docket No. 2090 (D. Minn.) Trial verdict on all claims in favor of client.
  • In the Matter of Respondent McWane, Inc. Trial counsel for Respondent in two-month “Part 3” trial against the Federal Trade Commission alleging price fixing and monopolization. The Commission dismissed six of its seven counts, and closed a related investigation with no action.
  • Sterling Merchandising, Inc. v. Nestlé, S.A., Nestlé Puerto Rico, Inc., and Payco Foods Corporation. Managed defense and received summary judgment dismissing all claims alleging violations of Sherman Act Section 1 and 2, Clayton Act Section 3 and Puerto Rican statutory analogues. Affirmed on appeal.
  • Shows et al. v. State Farm, E.A. Renfroe & Company, Inc., et al. Defended several hundred RICO and breach of contract actions filed in the wake of Hurricane Katrina.
  • Waste Services, Inc. v. Waste Management, Inc. Managed the case and was granted summary judgment for the defendant on Section 2 attempted monopolization and tortious interference claims.
  • The Coca-Cola Company, Inc. v. Quest International. Represented The Coca-Cola Company in a breach of contract and negligent misrepresentation action resulting from a supplier’s failure to manufacture flavoring approved under the Japanese Food Sanitation laws.
  • Blue Cross Blue Shield of Louisiana v. Rapides Healthcare System et al. Represented Blue Cross of Louisiana in a monopsony case brought by HCA-owned hospitals.
  • Chester County Hospital v. Independence Blue Cross, et al. Monopoly, monopsony, Sherman Act Section 1, Clayton Act Section 7.