Scott A. Stempel

Partner

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 nearly 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 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.
• Representing 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.