Scott A. Stempel

Partner

Scott A. Stempel has more than 35 years of experience advising domestic and multinational corporations on virtually every aspect of antitrust law. Scott represents clients before the US Federal Trade Commission (FTC), the Antitrust Division of the US Department of Justice (DOJ), and foreign competition authorities in merger investigations, nonmerger conduct investigations, and criminal cartel investigations. Scott also represents clients in US federal and state court antitrust litigation, including complex class action MDL proceedings.

selected representations

Representative Transactions

On behalf of Intercontinental Exchange in connection with its acquisition of Standard & Poor’s Securities and Evaluations business from McGraw Hill Financial (Department of Justice).
On behalf of Pfizer in connection with its proposed $160 billion acquisition of Allergan plc (Federal Trade Commission).
On behalf of Apollo Management and portfolio company, Verso Paper Corp., in connection with the acquisition of NewPage (Department of Justice)
On behalf of Hunter Douglas in connection with its acquisition of Levolor from Newell Rubbermaid (Federal Trade Commission).
On behalf of Perrigo Company plc in connection with Mylan N.V.’s unsolicited offer to acquire Perrigo Company plc (Federal Trade Commission).
On behalf of Cargill, Inc., CHS Inc., and Horizon Milling LLC in connection with their joint venture with ConAgra to form flour miller Ardent Mills (Department of Justice).
On behalf of Pearson plc in connection with its creation of a joint venture between Penguin and Random House (Department of Justice).
On behalf of Pfizer in connection with its $68 billion acquisition of Wyeth (Federal Trade Commission).
On behalf of Pfizer in connection with its $3.6 billion acquisition of King Pharmaceuticals (Federal Trade Commission).
On behalf of Perrigo Company in connection with its acquisition of the assets of Paddock Laboratories (Federal Trade Commission).
On behalf of Pharmacia Corporation in connection with Pfizer's $60 billion acquisition of the company (Federal Trade Commission and European Commission).

Representative Investigations and Litigations

Past and ongoing representations of numerous Asian and European clients in multinational cartel investigations and follow-on class action litigation in various industries, including transportation, auto parts, chemicals, electronics, and excavation equipment.
Federal Trade Commission v. Shire Viropharma Inc., (D. Del.) Defending pharmaceutical company against claims of monopolization for allegedly filing sham Citizen Petitions at the FDA.
In re Generic Pharmaceuticals Pricing Antitrust Litigation, MDL 2724 (E.D.Pa.) Defending Perrigo Company plc against claims of alleged price fixing in the sale of generic prescription drugs.

Defending a leading vaccine manufacturer in a putative class action in federal district court alleging monopolization in violation of Section 2 of the Sherman Act and related state laws.
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.
US Futures Exchange, L.L.C. v. Board of Trade of the City of Chicago, Inc. and Chicago Mercantile Exchange, Inc. (N.D. Ill.) Representing US. Futures Exchange in challenging predatory conduct by CBOT and CME to preclude the establishment of a competing derivatives exchange in the US.
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.