Erik Koons

Partner

erik.koons@bakerbotts.com

Washington

P: +1.202.639.7973 F: +1.202.585.1086
Erik Koons Photo

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 and investigation matters. Mr. Koons has handled antitrust and other commercial litigation matters in a wide range of industries including healthcare, pharmaceuticals, computer hardware, food and beverage, petroleum, consumer electronics and waste disposal. These matters have addressed a variety of legal theories including monopolization, monopsonization, cartelization, bid-rigging, market division, ancillary restraints, patent misuse, and RICO claims. Many of Mr. Koons’ antitrust litigations have related to marketing and distribution economics and antitrust issues. Mr. Koons routinely represents companies in antitrust audits and internal investigations relating to a host of antitrust issues including pricing conduct and competitor collaborations. Mr. Koons also designs and implements antitrust compliance programs for companies across the globe.

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.

From 1999-2000, Mr. Koons was clerk to the Hon. Norman A. Mordue, District Court Judge for the Northern District of New York.

Related Experience

  • In re Cathode Ray Tube (CRT) Antitrust Litigation - Counsel to Philips Electronics in all aspects of state AG, opt-out, and civil class actions.
  • In re Wholesale Grocery Products Antitrust Litigation, MDL Docket No. 2090 (D. Minn.). Counsel for defendant C&S Wholesale Grocers, Inc., MDL Docket No. 2090 (D. Minn.). Counsel for defendant C&S Wholesale Grocers, Inc.
  • In the Matter of Respondent McWane, Inc. Trial counsel for Respondent in two-month “Part 3” trial against the Federal Trade Commission alleging price fixing and monopolization. The Commission dismissed six of its seven counts and the remaining count is on appeal.
  • 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 mediation of alleged breach of consumer electronics distributorship agreement.
  • Waste Services, Inc. v. Waste Management, Inc.-Managed the case and was granted 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.
  • Chester County Hospital v. Independence Blue Cross, et al-Monopoly, monopsony, Sherman Act Section 1, Clayton Act Section 7.

Awards & Community

Recognized as a Washington D.C. Super Lawyer (Thomson Reuters), 2013 & 2017

Listed in Who's Who Legal: Competition, 2017

Recommended in The Legal 500, 2016-2017

Global Competition Review's “Behavior Matter of the Year” Award (2015) for defense of McWane, Inc. in an antitrust case brought by the Federal Trade Commission

News

Publications, Speeches & Presentations