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Benjamin F. Holt
Partner Global Regulatory
Ben has played a leading role in some of the most significant antitrust litigation matters in recent years, successfully defeating the Federal Trade Commission in a groundbreaking lawsuit over Louisiana Children’s Medical Center’s $150 million acquisition of three New Orleans area hospitals that raised important issues of state action immunity, obtaining summary judgment for Takeda Pharmaceuticals in a case addressing the contours of Noerr-Pennington immunity in the pharmaceutical industry, and serving as lead counsel for Viatris in three long-running cases brought by dozens of US states and territories alleging industry-wide price fixing and market allocation. His practice encompasses all types of antitrust litigation and investigations, including class actions, DOJ and FTC investigations, and state attorney general litigation.
In his antitrust counseling practice, Ben leverages his litigation experience to advise clients on a wide variety of business issues that may raise competition concerns. He also provides guidance on compliance with federal and state antitrust laws and has experience in a range of industries, including the life sciences, financial services, and automotive sectors.
Ben is a frequent speaker, presenting to clients and others on antitrust developments and topics such as trade association antitrust compliance and class action defense strategies. He has published numerous articles on antitrust and litigation topics and is the co-editor of Global Competition Review's "Private Litigation Know How" publication and the co-author of Antitrust Compliance, published by Bloomberg BNA as part of the Corporate Practice series.
Represented Credit Suisse in class actions alleging conspiracy by the world's largest banks to restrict competition and raise the price of CDS trading.
Represented Daimler Trucks North America in class actions alleging conspiracy by truck OEMs and transmission supplier to exclude a competitor.
Obtained dismissal of antitrust lawsuit against Yale University alleging that the Ivy League prohibition on athletic scholarships violated federal antitrust laws.
Represented Ford Motor Company in antitrust litigation pursuing claims against polyurethane foam manufacturers who allegedly conspired to fix prices.
Represented two associations of medical professionals in antitrust class action alleging conspiracy to fix the value of payments to human egg donors.
Obtained dismissal of FTC challenge to merger of two laboratory services providers; named litigation of the year by Global Competition Review.
Provide counseling to several automotive OEMs on all aspects of U.S. antitrust law.