Joseph Ostoyich is Chair of the firm’s Litigation Department in Washington, D.C. He has more than two decades of experience representing some of the world’s leading companies in price fixing, monopolization and the full gamut of antitrust litigation in U.S. courts and in investigations and merger reviews by the Department of Justice, the Federal Trade Commission, the European Commission and government authorities around the world. He has represented clients in bet-the-company competitor and class action lawsuits, including more than a dozen different class action clusters in the paper, chemical, foundry, energy, transportation and agricultural commodities industries.
Mr. Ostoyich recently obtained a defense verdict as lead trial counsel in an eight week bench trial against the Federal Trade Commission on charges that his client conspired to fix prices directly and through an industry association. The Commission’s decision to dismiss six of its own counts marked the first time in two decades that the Commission ruled against its own claims. This case earned Mr. Ostoyich and the trial team recognition as “Legal Lions” in Law360’s Weekly Verdict: Legal Lions & Lambs (February 14, 2014) and the award for Behavioral Matter of the Year- Americas by the Global Competition Review (April 14, 2015).
Additional recent litigation verdicts include obtaining a zero dollar judgment on behalf of a client facing a multibillion dollar monopolization suit brought by its main rival and a summary judgment in a price fixing case charging his client with participating in a decade-long conspiracy to fix natural gas prices. In both cases, his cross examination of the opposing experts led the courts to exclude their testimony.
In the merger area, Mr. Ostoyich most recently obtained Department of Justice clearance for his client, MeadWestvaco Corporation, in its $16 billion merger with RockTenn Corporation.
He is recognized as a leading antitrust lawyer in Chambers USA, rated “Preeminent” by Martindale-Hubbell, and named a D.C. Super Lawyer for Antitrust. The Legal 500 stated that Mr. Ostoyich “provides clients with a considerable pedigree in relation to a range of federal and state private antitrust litigation.”
He is a member of the Antitrust Council of the U.S. Chamber of Commerce and frequently speaks at industry conferences and client retreats about antitrust law developments. He has written and edited several dozen articles and analyses of the antitrust laws and co-authored a chapter on the law and economics of antitrust damages in a leading treatise.
Publications, Speeches and Presentations
- FTC’s Nonpublic Investigations Aren’t Always Nonpublic, Law360 Competition Law (March 27, 2015). Co-authored with Hugh Hollman and Christine Ryu.
- “That’s Your Defense To Price Fixing?” Law360 Competition Law (October 28, 2014). Co-authored with Will Lavery.
- “So We Agree It’s Price Fixing, But . . . ,” Law360 Competition Law (August 18, 2014). Co-Authored with Will Lavery.
- “Looks Like Price Fixing Among Plaintiffs’ Firms,” Law360 Competition Law (May 28, 2014). Co-authored with Will Lavery.
- “7th Circuit Decision Confirms Foreign Trade Antitrust Improvements Act Requires ‘Direct’ U.S. Effects,” Baker Botts Client Alert (April 3, 2014).
- “Antitrust Damages,” Calculating and Providing Damages, New York: Law Journal Press (updating Spring 2014). Co-authored with Dr. John Johnson.
- “Competitor Collaboration in the United States,” Practical Law (2012-2014), with Charles Malaise.
- “The Antitrust Paradox,” Georgetown University 5th Annual Global Antitrust Enforcement Symposium (September 2011). Co-authored with Jasmine Rosner.
- “Bad Intent: Questions About Corporate Intent in the Antitrust Context,” CompLaw360 (September 2010). Co-authored with Staci Schweizer.
- “Private Enforcement,” Global Competition Review: The Antitrust Review of the Americas 2011 (September 2010). Co-authored with Timothy S. Longman.
- “More of the Same: Continued Growth In Private Antitrust Litigation And Continued Cut-Backs By The U.S. Supreme Court,” Global Competition Review: Antitrust Review of the Americas 2009 (September 2008). Co-authored with Parker Normann, David T. Emanuelson.
- “Trends in Dominant Firm Litigation: Convergence Towards What?” Global Competition Review: Antitrust Review of the Americas 2008 (September 2007): 52. Co-authored with Eric S. Berman.
- “Private Antitrust Trends In The U.S.: Growth Abroad But Cut-Backs At Home,” Global Competition Review: Antitrust Review of the Americas 2007 (October 2006). Co-authored with Stacy L. Turner.
- “Transatlantic Crossings: Tag-Along Class Actions Following Foreign Antitrust Investigations,” Mealey’s Antitrust Reporter (June 2006). Coauthored with Chad Murchison.
- “The Increasing Risks of U.S. Litigation for Global Companies,” Global Competition Review: Antitrust Review of the Americas 2006 (October 2005). Co-authored with Arturo DeCastro.
Recent and Upcoming Speeches
- Government Enforcement Against Monopolization: Dead or Alive?, ABA Antitrust Section Spring Meeting, Washington, D.C. (April 16, 2015).
- “Litigating Against The Government and the European Commission,” Concurrences Symposium on Global Antitrust Hot Topics: EU, US, and Global Perspective (Brussels September 25, 2014).
- “Antitrust Compliance Update: Lessons Learned From Recent Cases,” ABA Antitrust Section’s Ethics and Compliance Committee (September 8, 2014).
- “Competition Litigation Around the World, Chapter One: The United States,” ABA Antitrust Section’s International Committee and the Civil Practice and Procedure Committee (May 29, 2014).
- “Information Exchange Update: Steely Nurses and Iron Pipes,” ABA Antitrust Section Spring Meeting, Washington, D.C. (April 10, 2013).
- “Revisiting Compliance Programs,” GCR 2nd Annual Antitrust Law Leaders Forum, Miami, Florida (February 8, 2013).
- “Developments In U.S. and E.U. Private Antitrust Litigation,” Georgetown University 5th Annual Antitrust Enforcement Symposium, Washington, D.C. (September 22, 2011).
- “Settlement of Foreign Antitrust Claims in U.S. Class Actions.” Global Competition Review Antitrust Litigation 2010 Conference, London (October 12, 2010).
- “The Life Cycle of IP Through an Antitrust Litigation Lens.” Stanford Antitrust and IP Forum (April 13, 2010).
- “Intellectual Property through an Antitrust Lens: An Analytical Framework.” American Chemical Society’s Division of Chemistry & Law, New Orleans (March 8, 2008).
- “Antitrust Developments in Litigation, Mergers, and Cartels—A Transatlantic Perspective.” 18th Annual General Counsel’s Conference, New York (June 12, 2006).
- “Antitrust Issues and Strategies for Advising US-EU Clients.” Strafford Communications (March 2, 2006).