R. Brendan Fee represents US and international clients involved in high-stakes antitrust litigation across a wide variety of industries, focusing in particular on the life sciences, healthcare, technology and retail sectors.
Chambers has listed Brendan as a leading antitrust lawyer and described him as “very practical, easy-to-work with and gives very clear communication” as well as being “exceptionally smart.” In addition, Brendan has been recognized on the Law360 Rising Stars list as one of the top five antitrust lawyers in the US and Europe under the age of 40 and was identified by Global Competition Review in its GCR 100 as a leading Pennsylvania antitrust practitioner. He also has been named a "Lawyer on the Fast Track" by The Legal Intelligencer, which recognizes Philadelphia lawyers under 40 who have demonstrated a commitment to legal excellence and community service.
Brendan has obtained dismissals and favorable settlements in class action and single-plaintiff cases involving alleged price fixing, exclusive dealing, monopolization, group boycotts, price discrimination, tying, bundling, and violations of state antitrust law. His clients in these cases are some of the top companies in a number of diverse industries such as pharmaceuticals, technology, healthcare, retail/e-commerce, automotive, energy, and industrial products.
Brendan has written articles on vertical restraints and pricing, as well as antitrust issues in the life sciences industry. He also speaks on cutting-edge competition issues such as vertical restraints in e-commerce.
As an adjunct professor of law at Rutgers Law School, Brendan teaches courses on topics such as legal writing and appellate advocacy. He is the litigation practice training partner for Morgan Lewis’s Philadelphia, Princeton, and Wilmington offices. He also participates in the firm’s Class Action Working Group.
Helicopter Helmet Corp. v. Gentex Corp. (D. Del.) – Obtained with prejudice dismissal of Section 1 and Section 2 claims arising out of alleged exclusionary conduct in head wear protection market.
Cable Line v. Comcast (M.D. Pa.) – Obtained dismissal on a Rule 12 motion of allegations of conspiracy to restrain trade in alleged cable installation market.
In re North Sea Brent Crude Oil Futures Litigation (S.D.N.Y.) – Obtained dismissal of Section 1 and 2 Sherman Act claims arising out of alleged manipulation of benchmark for North Sea Brent Crude Oil.
Medical Diagnostic Labs v. Independence Blue Cross (E.D. Pa.) – Secured dismissal of exclusive dealing antitrust claims concerning certain diagnostic tests on a motion to dismiss.
In re K-Dur Antitrust Litigation (D. N.J.) – Served as resolution counsel in successful settlement of reverse payment class action.
Philadelphia Taxi Association v. Uber (E.D. Pa) – Obtained Rule 12 dismissal of Section 2 attempted monopolization claim arising out of alleged violations of taxi regulations.
DiMartino v. BMW North America (D. N.J.) – Achieved dismissal on the pleadings of Section 2 putative class action alleging aftermarket tying.
Gordon v. Travelport (S.D.N.Y.) – Obtained dismissal of damages claims brought by a putative class of indirect purchasers alleging collusion among global distribution systems to impose contractual restrictions on airlines.
Willow Creek Fuels v. Buckeye Partners (E.D. Pa.) – Obtained dismissal at the pleadings stage of Section 1 and 2 Sherman Act claims, as well as Clayton Act Section 3 exclusive dealing claims brought against Buckeye by a terminated fuel distributor.
Network Visual Services v. ARAMARK Sports and Entertainment (C.D. Cal.) – Obtained Rule 12 dismissal of Section 1 and 2 claims arising out of an alleged exclusive agreement to provide closed circuit advertising services at the Las Vegas Convention Center.
POP Diesel Fuel Systems v. ASTM (D.N.M.) – Obtained denial of a motion for preliminary injunction and complete dismissal of Section 1 Sherman Act claim brought against a standard development organization by a producer of triglyceride fuel.
Caltex Plastics Inc. v. Berry Plastics (C.D. Cal.) – Successfully defended a manufacturer of military specification plastic sheeting against secondary-line Robinson-Patman Act claim.
Advanced Technology Corporation v. ASTM (D. Mass.) – Obtained with prejudice dismissal of a Sherman Act Section 1 claim brought against a standard development organization by a supplier of metal testing equipment.
Deborah Heart & Lung Center v. University of Pennsylvania Health System (D.N.J.) – Successfully resolved claims under Sections 1 and 2 of the Sherman Act against a leading hospital system arising out of supposedly exclusive agreement pertaining to advanced cardiac services.
Brendan’s current litigation matters include:
Defending national health insurance company in connection with antitrust claims related to the treatment of Lyme Disease.
Defending generic pharmaceutical supplier in reverse payment antitrust actions pertaining to Zetia.
Defending generic pharmaceutical supplier in multidistrict price-fixing cases.
Defending a leading vaccine manufacturer against putative class action alleging Sherman Act Section 2 violations and related state law claims.
Defending leading wireless carrier against Sherman Act claims regarding eSIM technology.
Rutgers University School of Law, 2003, J.D., With High Honors
Bloomsburg University of Pennsylvania, 2000, B.A.
US District Court for the Eastern District of Pennsylvania
US District Court for the Middle District of Pennsylvania
US District Court for the District of New Jersey
Awards and Affiliations
Next Generation Lawyer, Antitrust: Civil litigation/class actions: defense, The Legal 500 US (2019)
Member, Practice Group of the Year, Competition, Law360 (2017, 2018)
40 & Under Hot List, Benchmark Litigation (2018)
Ranked, Antitrust, Pennsylvania, Chambers USA (2018, 2019)
Recommended, Antitrust - Cartel; Antitrust - Civil litigation/class actions, The Legal 500 US (2017)
Recognized, US News & World Report and Best Lawyers 2017 Practice Group of the Year for Antitrust Law
Recognized, "Rising Star", Irish Legal 100 (2016)
Recognized, Lawyers on the Fast Track, The Legal Intelligencer (2015)
Recognized as a Law360 "Rising Star" in Competition/Antitrust (2014)
Recognized, "Rising Star," Pennsylvania Super Lawyers (2008)
Member, American Bar Association, Antitrust Section