William Lavery is a partner in the Antitrust and Competition Practice of Baker Botts' Washington, D.C. office. Some of the world's largest companies rely on Mr. Lavery's more than a decade of experience for major “bet the company” antitrust litigations, criminal and civil antitrust investigations, and mergers. Clients in industries including pharmaceutical, technology, foundry, chemical, energy, transportation and agriculture seek Mr. Lavery's representation in cases alleging a broad range of antitrust violations, including price-fixing, monopolization, Robinson-Patman violations, and sham litigation. Mr. Lavery also represents numerous companies in internal investigations and in implementing antitrust compliance programs.
Mr. Lavery was a member of the trial team that resulted in dismissals of six of the seven price-fixing and monopolization charges for McWane, Inc. in a recent eight-week bench trial against the FTC. The dismissals marked the first time in almost 20 years that the Commission ruled against itself following an in-house trial in front of the ALJ. The case earned the McWane trial team the award for “Behavioral Matter of the Year- Americas” by Global Competition Review in 2015.
Mr. Lavery's leadership roles include having served as the Chair of the Antitrust Law Committee for the ABA Young Lawyers Division for 2014-2015 and Vice-Chair of the Committee for 2013-2014. He is a sought-after writer and speaker on a wide range of antitrust topics, drafting dozens of articles and publications, including co-authoring a recent chapter of “GCR Know How,” as well as a chapter in a leading damages treatise. Mr. Lavery has been recognized for his work by Legal 500 U.S. (2017) and Super Lawyers (2014-2018), as well as being named a "Rising Star" by Law360 (2016), as one of the top competition lawyers under 40 in the country.
- In the Matter of Respondent McWane, Inc. - 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.
- In the Matter of Benco Dental Supply Company, et al. – Counsel for Respondent Patterson in action brought by Federal Trade Commission alleging a group boycott.
- Century Aluminum of South Carolina Inc. v. South Carolina Public Service Authority - Lead counsel for Century Aluminum in action brought in South Carolina federal court alleging Sherman Act Section 1 and 2 violations.
- Takeda v. Zydus – Counsel for Zydus in an action brought in New Jersey federal court alleging sham litigation in violation of Section 2 of the Sherman Act.
- Grand Strand Water and Sewer Authority v. Oltrin Solutions LLC - Obtained dismissal of defendant Olin Corporation from class action alleging violations of Sherman Act Section 1 case.
- City of Moundridge, KS v. Exxon Mobil Corporation - As counsel for ExxonMobil, received a favorable summary judgment in a case charging the company and several competitors with conspiring to fix the price of natural gas. The district court found the testimony of plaintiffs' expert to be entitled to “no weight” because it was “wholly unsupported and speculative” and the D.C. Circuit affirmed.
- ZF Meritor LLC and Meritor Transmission v. Eaton Corporation - Represented Eaton Corporation and received a final judgment of zero-dollar damages and an order excluding the opposing damages expert as “insufficient and unreliable” in a Sherman Act Section 2 case.
- In re Ductile Iron Pipe Fittings Antitrust Litigation - Represented McWane, Inc. in price fixing and monopolization class actions brought by direct and indirect purchasers.
- In re Cast Iron Soil Pipe and Fittings Antitrust Litigation - Represented McWane, Inc. in direct and indirect purchaser price fixing class actions.
- Satnam Distributors, Inc. v. Commonwealth-Altadis et al. - Represented HLA in antitrust action brought by Satnam Distributors. Received dismissal of Sherman Act Section 1 and 2 claims.
- Waste Control Specialists LLC v. EnergySolutions LLC - Represented Waste Control Specialists in antitrust case brought by a competitor in federal court in Texas alleging violations of Sherman Act Section 2.
- MeadWestvaco Corporation - Provided counseling to MeadWestvaco regarding clearance for its $16 billion merger with RockTenn Corporation.
- In re Optical Disk Drive Antitrust Litigation - Represented PLDS and related entities in all aspects of DOJ criminal matter including internal investigation, DOJ response, and coordination with European and other international counsel. Represented PLDS and related entities in class actions arising from this investigation.
- Wallach v. Eaton, et al and In re Class 8 Truck Transmission Indirect Purchaser Litigation - Represented Eaton in antitrust class actions brought in federal court in Delaware alleging price fixing. Obtained denial of class certification in indirect purchaser class action, affirmed by the Third Circuit.
- American Seed Co., et al. v. Monsanto Company - Represented Monsanto and defeated plaintiffs’ motion for class certification in a class action alleging violations of Section 2 of the Sherman Act. Denial of class certification affirmed by Third Circuit.
- Monsanto Company v. Syngenta - Represented Monsanto against a Sherman Act Section 2 claim brought by competitor alleging monopolization.
- Inco Limited - Received DOJ approval for acquisition of Falconbridge Ltd. (nickel and cobalt mining and refining).
- Linde AG - Represented Linde in the divestiture of its industrial gas retailing and distribution business to Airgas, Inc.
Awards & Community
Recommended in The Legal 500 U.S., 2017
Recognized by Law360 as a “Rising Star” for Competition Law, 2016
Recognized as a Washington D.C. Super Lawyer-Rising Star for Antitrust Litigation, 2014-2018
Publications, Speeches & Presentations
Reverse Payments and Beyond: Antitrust Risks for Pharmaceutical and Biotechnology Companies Amid Heightened Scrutiny of Prescription Drug PricingExternal Articles
American Health Lawyers Association PG Briefing
The FDA’s and FTC’s Increased Focus on Generic Drug Competition Signals Enhanced Attention to REMS IssuesExternal Articles
ABA’s Antitrust Health Care Chronicle
Global Competition Review will host its international conference titled “GCR Live 7th Annual Antitrust Law Leaders Forum” from Friday, February 2nd to Saturday, February 3rd in Miami, Florida.