Morgan Lewis

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honors + affiliations

Listed, Chambers USA: America's Leading Lawyers for Business (2014)

Listed as one of "The Nation's Top 10 Antitrust Lawyers," United States Lawyer Rankings (2013–2014)

Named "Outstanding Healthcare Antitrust Lawyer," Nightingale's Healthcare News (2009)

Member, American Bar Association, Antitrust Law Section

Notes Editor, The George Washington University Law Review

Elected, Order of the Coif

被《南丁格尔医疗保健新闻》杂志评为2009年度"医疗保健业出色律师"

bar admissions

  • District of Columbia
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Scott A. Stempel
Partner 合伙人


Email: sstempel@morganlewis.com
Washington, D.C.
1111 Pennsylvania Ave., NW
Washington, DC 20004-2541
United States of America
Phone: +1.202.739.5211
Fax: +1.202.739.3001

Scott A. Stempel is a partner and Practice Group Leader of Morgan Lewis's Antitrust Practice, resident in the Washington, D.C. office. Mr. Stempel has more than 30 years of experience in a practice that spans the full range of antitrust matters. He has represented clients before the Federal Trade Commission, the Department of Justice, and foreign competition authorities in merger investigations, criminal and civil cartel investigations, and other non-merger conduct investigations. He has also represented clients in federal and state court antitrust litigation, including numerous complex class action MDL proceedings.

Representative matters include:

  • Represented Cargill, Inc., CHS Inc., and Horizon Milling LLC in obtaining Department of Justice clearance for their joint venture with ConAgra to form flour miller Ardent Mills.
  • Represented Perrigo Company in obtaining FTC clearance for its acquisition of Velcera, Inc.
  • Represented Pearson plc in obtaining Department of Justice clearance for its creation of a joint venture of Penguin and Random House.
  • Represented Pfizer in obtaining FTC approval of its $68 billion acquisition of Wyeth.
  • Represented Pfizer in obtaining FTC approval of its $3.6 billion acquisition of King Pharmaceuticals.
  • Represented Perrigo Company in seeking FTC approval of its acquisition of the assets of Paddock Laboratories.
  • Represented Pharmacia in obtaining FTC and EU approval of Pfizer's $60 billion acquisition of the company. 
  • Representing clients in multi-national cartel investigations and follow-on class action litigation in various industries, including transportation, chemicals, electronics, and excavation equipment.
  • Synergetics USA, Inc. v. Alcon Laboratories (S.D.N.Y.).  Defended Alcon against tying and predatory pricing claims relating to sales of vitrectomy equipment.
  • Byers v. Intuit, Inc. et al. (E.D.Pa. and 3rd Cir.)  Defended Intuit  in putative class action against Section 1 claims arising from implementation of the federal Free File Program for electronic filing of federal tax returns.
  • U.S. Futures Exchange, L.L.C. v. Board of Trade of the City of Chicago, Inc. and Chicago Mercantile Exchange, Inc. (N.D. Ill.)  Representing U.S. Futures Exchange in challenging predatory conduct by CBOT and CME to preclude the establishment of a competing derivatives exchange in the U.S.
  • Federal Trade Commission v. Perrigo/In re Children's Ibuprofen Oral Suspension Antitrust Litigation (D.D.C.).  Represented Perrigo in negotiating termination of an FTC investigation of its agreement with Alpharma regarding the sale of Children's Ibuprofen Oral Suspension, and in follow-on private class action litigation in federal court. 
  • In re Pharmaceutical Industry Average Wholesale Price Litigation (MDL 1456) (D. Mass.). Represented Pfizer and Pharmacia in multidistrict class action litigation against the pharmaceutical industry alleging unlawful manipulation of "average wholesale price" (AWP). Litigation included defense of separate cases filed by numerous State Attorneys General in state courts, several New York Counties in federal court, and an individual putative class action in Arizona state court. 
  • In re Brand Name Prescription Drugs Antitrust Litigation (MDL 997) (N.D. Ill. and E.D.N.Y). Represented Pharmacia & Upjohn in class action multidistrict litigation brought on behalf of retail pharmacies alleging a conspiracy by manufacturers of prescription drugs to deny discounts to retail pharmacies that were provided to managed care organizations, hospitals, and nursing homes, and in opt out cases brought on behalf of approximately 3800 independent retail pharmacies asserting claims under the Robinson-Patman Act for alleged price discrimination. 
  • Cordis Corporation v. Arterial Vascular Engineering/Arterial Vascular Engineering v. Boston Scientific (D. Del.). Represented AVE in prosecuting antitrust counterclaim in patent infringement case brought by Cordis and its parent, Johnson & Johnson, and in defending AVE against antitrust counterclaim brought by Boston Scientific in patent infringement litigation against Boston Scientific. Both cases arose from the manufacture and sale of cardiovascular stents.

In addition to his various publications, Mr. Stempel has also co-authored, as a member of a special ABA Antitrust Law Section Task Force, the Section's "Report on the United States Court of Appeals for the Federal Circuit (CAFC)" examining the antitrust jurisprudence of the CAFC.

Mr. Stempel is admitted to practice in the District of Columbia.

斯哥特 A. 斯坦普尔先生是常驻摩根路易斯律师事务所华盛顿分所的合伙人,是该所反垄断业务部的负责人。斯坦普尔先生的业务涵盖反垄断事项所涉及的全部范围:从代表客户应对联邦贸易委员会和司法部对并购和非并购项目的反垄断调查、向不同产业的广泛业务领域提供咨询、到代表客户在联邦和州法院进行包括许多涉及多地区诉讼的集体诉讼在内的反垄断诉讼。斯坦普尔先生具有丰富的经验,特别表现在代表客户进行有关知识产权的限制与执行方面的反垄断咨询与诉讼。斯坦普尔先生曾为制药、医疗设备、半导体、消费类电子产品、电脑软件、光盘等一些行业的技术所有人服务,就其专利的获取和执行、合资企业、营销活动、标准设定和专利池等事项提供咨询并代理诉讼。

除其它出版物之外,斯坦普尔先生还作为美国律师协会反垄断法部专案组的成员,与他人合著了该部的"有关美国联邦巡回上诉法院的报告",对美国联邦巡回上诉法院的反垄断法理进行了专门的研究。

近来,斯坦普尔先生曾向一些制药业和医疗设备行业的客户提供合并、许可、合作协议等方面的法律咨询服务,并在联邦和州法院的一些反垄断案件中代表这些客户。

斯坦普尔先生获准在美国哥伦比亚特区执业。

education

  • George Washington University National Law Center, 1982, J.D.
  • Northwestern University, 1979, B.A.