Litigation and Antitrust
Erik Koons is a Partner at Baker Botts in the Antitrust and Competition Practice group. His practice focuses on representing litigants in private antitrust and complex commercial litigation matters. Mr. Koons has handled antitrust and other complex commercial litigation matters in a wide range of industries including healthcare, pharmaceuticals, computer hardware, food and beverage, petroleum, consumer electronics and waste disposal. These litigation matters have addressed a variety of legal theories including monopolization, monopsonization, price-fixing, market division, patent misuse, RICO claims, attorney liability and a variety of commercial actions. Mr. Koons has also represented numerous companies in antitrust audits, internal investigations and in designing and implementing antitrust compliance programs.
In June 2010, the District of Columbia Bar Board on Professional responsibility appointed Mr. Koons to serve on the Board’s professional responsibility Hearing Committee for a term of three years. The Board on Professional Responsibility is an arm of the D.C. Court of Appeals and is charged with adjudicating attorney discipline cases as well as administering the attorney discipline system. The Hearing Committee is responsible for adjudicating cases of attorney misconduct at the trial level, considering petitions for negotiated discipline and contested petitions for reinstatement.
- Sterling Merchandising, Inc. v. Nestlé, S.A., Nestlé Puerto Rico, Inc., and Payco Foods Corporation-Managed defense and obtained summary judgment dismissing all claims alleging violations of Sherman Act Section 1 and 2, Clayton Act Section 3 and Puerto Rican statutory analogues.
- Braswell Wood Company Inc. v. Waste Management, et al-Managing defense of putative nationwide class asserting RICO conspiracy and breach of contract claims.
- ZF Meritor LLC and Meritor Transmission Corp. v. Eaton Corporation-Defending Sherman Act Sections 1 and 2 and Clayton Act Section 3 claims relating to alleged truck transmission market.
- Shows et al. v. State Farm, E.A. Renfroe & Company, Inc., et al-Defended several hundred RICO and breach of contract actions filed in the wake of Hurricane Katrina.
- Aerielle Technologies, Inc. and Aerielle, Inc. v. Philips Electronics North America Corporation and DLO Holdings, Inc.-Defended Philips in successful mediation of alleged breach of consumer electronics distributorship agreement.
- Waste Services, Inc. v. Waste Management, Inc.-Managed the case and obtained summary judgment for the defendant on Section 2 attempted monopolization and tortious interference claims.
- The Coca-Cola Company, Inc. v. Quest International-Represented The Coca-Cola Company in a breach of contract and negligent misrepresentation action resulting from a supplier’s failure to manufacture flavoring approved under the Japanese Food Sanitation laws.
- Blue Cross Blue Shield of Louisiana v. Rapides Healthcare System et al-Represented Blue Cross of Louisiana in a monopsony case brought by HCA-owned hospitals. The case was settled successfully through mediation following cross-motions for summary judgment.
- Chester County Hospital v. Independence Blue Cross, et al-Monopoly, monopsony, Sherman Act Section 1, Clayton Act Section 7.
Publications, Speeches and Presentations
- “Without a Clue and Still Without a Master Plan: Municipalities Left Uncertain How to Manage Waste Disposal Crisis in Wake of Third Circuit Decision in Harvey Inc. v. County of Chester.” 9 Vill. Envtl. L.J. Vol. 1 (1998).
- Proving Antitrust Damages. ABA Section of Antitrust Law (2010). Contributing Editor; 2nd ed.
- The Franchise and Dealership Termination Handbook. ABA Section of Antitrust Law (2010). Contributing Editor;2d ed.
- 2010 Annual Review of Antitrust Law Developments. ABA Section of Antitrust Law (2011). Contributing Author. Co-authored with Carmine R. Zarlenga.
- Antitrust Discovery Handbook. ABA Section of Antitrust Law (2011). Contributing Author;3d edition.
- Antitrust Compliance. BNA’s Corporate Practice Series (2011). Contributing Author.
- “Antitrust Litigation: Managing a Complex, High-Stakes Matter to a Successful Conclusion.” Howrey Antitrust Fundamentals Seminar (2009).