Paul H. Friedman represents parties in merger and non-merger investigations and in antitrust litigation. Mr. Friedman regularly serves as lead counsel in multi-defendant class and non-class action matters in federal and state courts as well as in domestic and foreign arbitral tribunals.
Mr. Friedman is the managing partner of the firm's Washington, D.C. office and is a past co-chair of the antitrust/competition practice. Mr. Friedman has been ranked as a top antitrust lawyer by Chambers USA, a referral guide to leading lawyers in the United States that has noted his "'excellent cross-examination of experts in antitrust cases" and that "his litigation prowess gains him further acclaim." He has also been considered a "true star" in antitrust litigation by Benchmark Litigation. Mr. Friedman is co-chair of the Annual Law & Economics Institute for Judges that is co-sponsored by the American Bar Association and the George Mason University Law Center.
- Lead counsel for Dean Foods Company and liaison counsel for all defendants in consolidated class action MDL antitrust suits brought by dairy farmers alleging conspiracy to monopolize, conspiracy to monopsonize, monopolization and attempted monopsonization of raw milk markets in certain southeastern states in the United States. Successfully negotiated settlement for Dean Foods.
- Lead counsel for Dean Foods Company in putative class action antitrust suit brought by retailers alleging conspiracy to monopolize, monopolization and attempted monopolization of processed milk markets in the southeastern United States. Obtained summary judgment for Defendants.
- Representing Louisiana Pacific and serving as defense liaison counsel in In re OSB Antitrust Litigation, and successfully arguing, on behalf of all Defendants, that a proposed class of all homebuyers since 2002 should not be certified in In re OSB Antitrust Litigation.
- Serving as lead counsel for Elan Pharmaceuticals, Inc. in federal MDL class and opt-out litigation and in state court indirect purchaser cases. Achieving closure of FTC informal inquiry in record time, which permitted Elan Pharmaceuticals, Inc. to close on sale of assets that were vital to its financial survival.
- Persuading the Antitrust Division of the U.S. Department of Justice to close an investigation and take no action in an alleged market allocation conspiracy among the Baby Bells in the provision of Internet Yellow Pages, and then representing the same client in a private suit brought by a competitor. The competitor voluntarily dismissed that suit following successful mediation efforts involving a former head of the Antitrust Division
- Defended ConAgra Foods in the Vitamins Antitrust Litigation and navigated a favorable settlement despite the many guilty pleas by co-defendants and former employees. The Vitamins Antitrust Litigation remains one of the most complex antitrust matters to be handled in an MDL proceeding
- Representing the Air Transport Association and serving as lead counsel for the commercial airline industry in group boycott litigation brought by a prospective service vendor to the industry, obtaining judgment for the defendants in three separate suits filed by the plaintiff, which was affirmed by the 9th Circuit Court of Appeals
- Representing Pergo AB in an arbitration proceeding brought by the bankruptcy trustee of a former supplier, which was conducted under the auspices of the German Arbitral Institute, persuading the Tribunal that the contract provisions that formed the basis for the claim were unenforceable under European competition law, and obtaining an affirmative award for Pergo
Mr. Friedman also guides clients through Federal Trade Commission and Department of Justice investigations. He has been successful in persuading the enforcement agencies to forego expensive and time-consuming second requests and has gained expedited clearance following the issuance of a second request.
- Acting as one of the lead trial lawyers for Whole Foods Markets, Inc. in a lawsuit brought by the Federal Trade Commission (FTC) seeking to enjoin the company's $565 million acquisition of Wild Oats Markets Inc. Mr. Friedman deposed key third party witnesses before trial. At trial, Mr. Friedman's "hard-nosed" cross examination of the FTC expert economic witness played a pivotal role in convincing the federal judge to issue an opinion rejecting the FTC's request to temporarily block the merger
Policy and Politics
Some transactions raise political as well as competition issues. Mr. Friedman has prepared clients involved in mergers for testimony before committees of the United States Senate and House of Representatives. For example, Mr. Friedman helped prepare the buyer and the seller for testimony before the Senate Antitrust Subcommittee, which was investigating a merger in the defense aerospace industry.
Administrative Proceedings and Advocacy Projects
Mr. Friedman represents parties in administrative adjudications before the FTC and other federal agencies in connection with merger and non-merger investigations. These administrative proceedings have their own unique rules of practice and require strategies different from those used in court. He has also handled a number of competition advocacy projects before the FTC, the Department of Justice, and the Federal Communications Commission, including matters involving Internet businesses, telecommunications, wireless cable, direct broadcast television, and satellites.
Helping clients avoid costly litigation and government investigations is key. Mr. Friedman's in-depth knowledge of such industries as aerospace and aviation, broadcast, consumer products, and telecommunications enables him to provide practical compliance advice, particularly with regard to sales and marketing practices. Mr. Friedman has created and implemented training programs for both in-house lawyers and non-lawyer sales and marketing groups.
The University of Chicago, B.A., 1975
Boston University School of Law, J.D., 1978
Supreme Court of the United States
United States District Court for the District of Columbia
United States Court of Appeals for the First Circuit
United States Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the District of Columbia
District of Columbia
Mr. Friedman is an active member of the American Bar Association Antitrust Section. He has been nominated for the Section's Council, and took office in August 2012. He currently serves as co-chair of the Communications and Digital Technology Industries Committee. He has previously served as vice-chair of the Section's Programs Committee and the Advocacy Committee and he served for three years as chair of the Civil Practice and Procedure Committee. Mr. Friedman is Principal Editor of the Section's authoritative handbook, Model Jury Instructions in Civil Antitrust Cases, 2005 Edition.
Publications and Lectures
- Speaker, "Has Whole Foods Transformed Merger Enforcement?" ABA Antitrust Spring Meeting (March 26, 2009)
- Program chair and moderator of the Civil Practice and Procedure Committee General Session, "The Class Action Fairness Act: Restoring Confidence in the Judicial System or Clogging the Federal Courts with State Law Claims," presented at the Antitrust Section's 2004 Annual Spring Meeting
- Speaker, "The Erosion (and Expansion) of Privilege in a Post-Enron World: The Tension Between Government Leniency and Amnesty Programs and Private Damage Actions," Antitrust Section's 2003 Fall Forum
- Program chair and moderator, Antitrust Section's July 2003 teleseminar, "Attorney-Client and Work-Product Privilege"
- Co-author, February 2002 Report of the ABA Sections of Antitrust Law and Litigation Regarding the Proposed 2001 Amendments to the Federal Rules of Civil Procedure
- Author or co-author of a number of articles, including two case notes for the Antitrust Section's Transportation Committee newsletter, and "Successful Partnering Between Inside and Outside Counsel," published in a multi-volume treatise by West-American Corporate Counsel
- Editor of Handbook of Model Civil Jury Instructions in Civil Antitrust Cases, 2005 Edition, published on behalf of the Antitrust Section by the ABA