Joseph Ostoyich

Department Chair - Litigation (Washington) Partner

Joe Ostoyich Photo

Washington, D.C.

P: +1.202.639.7905 F: +1.202.639.1163
  • In the Matter of Respondent McWane, Inc. Lead 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 closed a related investigation with no action.
  • City of Moundridge, KS v. Exxon Mobil Corporation. As lead counsel for ExxonMobil, Mr. Ostoyich received a 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 and received a final judgment of zero dollar damages and an order excluding the opposing damages expert as “insufficient and unreliable” in a monopolization case claiming several billion dollars in damages
  • Mark S. Wallach and In re Class 8 Truck Transmission Indirect Purchaser Litigation v. Eaton. Represented Eaton and obtained denial of class certification in direct and indirect purchaser class actions after deposing named plaintiffs’ class certification expert.
  • In re Ductile Iron Pipe Fittings Antitrust Litigation. Represented McWane, Inc. in price fixing and monopolization class actions brought by direct and indirect purchasers and obtained favorable settlement after aggressive merits and class defense
  • Grand Strand Water and Sewer Authority v. Oltrin Solutions LLC. Received dismissal of defendant Olin Corporation from class action alleging violations of Sherman Act Section 1 case.
  • Satnam Distributors, Inc. v. Commonwealth-Altadis et al. Received dismissal of Sherman Act Section 1 and 2 claims against client following oral argument in E.D. Pa.
  • In re Cast Iron Soil Pipe and Fittings Antitrust Litigation. Represented McWane, Inc. in direct and indirect purchaser price fixing class actions and obtained favorable settlement after aggressive merits and class defense.
  • In re Methyl Methacrylate Antitrust Litigation. Represented Imperial Chemical Industries plc (now AkzoNobel) in a series of price fixing class actions brought by direct and indirect purchasers. Mr. Ostoyich led an aggressive defense of the class allegations through fact and expert discovery, which resulted in a nuisance value settlement with the direct purchasers and a voluntary dismissal by the indirect purchasers.
  • In Foundry Resins Antitrust Litigation. Mr. Ostoyich led an aggressive defense of the class issues on behalf of Ashland in a series of price fixing cases which caused the plaintiffs to withdraw key claims and enter into a nuisance value settlement.
  • Advanced Micro Devices, Inc. v. Intel Corporation. Represented Intel in monopolization cases filed by its rival, AMD, in U.S. federal court and in Japan, and in competition investigations in Europe, South Korea and before the U.S. Federal Trade Commission.
  • In re Publication Papers Antitrust Litigation. Represented MeadWestvaco Corporation in defense of numerous price-fixing class actions brought by direct and indirect purchasers of coated paper. An aggressive challenge to the plaintiffs’ allegations that MeadWestvaco was involved caused plaintiffs to voluntarily dismiss their cases.