People

Overview

Ed Duffy is a first-chair antitrust trial lawyer experienced in litigating both merger and conduct cases brought by government agencies and private parties. Ed most recently served in the U.S. Department of Justice Antitrust Division as senior litigation counsel and acting assistant section chief and had 11 years prior experience in private practice.

While at the DOJ, Ed served as lead trial counsel in the lawsuit challenging JetBlue Airways’ attempted acquisition of Spirit Airlines, including leading the team during a six-week bench trial in which the court enjoined the transaction. Ed also cross-examined multiple experts at trial in the DOJ’s successful challenge to the Northeast Alliance between JetBlue and American Airlines and also managed the initial phases of a monopolization case brought by the DOJ. As an acting assistant chief of the Transportation Energy & Agriculture section, Ed supervised merger and conduct investigations covering numerous industries.

Ed also has extensive experience managing private antitrust litigation, including class actions and disputes between competitors covering a range of industries and types of claims. Ed’s experience covers the lifecycle of antitrust cases, including preparation of complaints, drafting and responding to dispositive motions, managing fact and expert discovery, leading trial teams and handling appeals. In addition to trying multiple antitrust cases to final judgment, Ed has also tried commercial, tort, intellectual property, environmental, and other complex cases in jury trials, bench trials, and arbitrations, as well as defending judgments on appeal. Ed also has experience representing clients in criminal antitrust investigations, as well as counseling clients regarding antitrust liability and litigation risks associated with various business practices.

Admissions & Affiliations

  • State Bar of California
  • State Bar of Texas
  • Admitted only in California and Texas. Not admitted in the District of Columbia.  Practicing under the supervision of principals of the firm who are members of the District of Columbia Bar.
  • J.D., Georgetown University Law Center 2010
    magna cum laude
    Order of the Coif
    Senior Board, Georgetown Law Journal
    Appellate Litigation Clinic
    Moot Court
    Law Fellow
  • B.S.F.S., International Politics, Georgetown University 2007
    magna cum laude
    Phi Beta Kappa

Experience

  • U.S. v. Visa – Represented the DOJ in early phases of monopolization and rule of reason case involving debit network markets
  • U.S. v. JetBlue Airways – Served as lead counsel in the DOJ’s successful case to enjoin JetBlue’s proposed acquisition of Spirit Airlines
  • U.S. v. American Airlines – Represented the DOJ in successful Section 1 challenge to Northeast Alliance between American and JetBlue
  • Interlocking Directorates – Represented the DOJ in investigating and negotiating unwinding of interlocking directorates of several pairs of competing corporations
  • U.S. v. Penn – Represented third-party witnesses criminal price-fixing investigation and trial
  • Marion Healthcare v. Becton Dickinson – Represented health care group purchasing organization in putative class action of Section 1 claims, including briefing successful motion to dismiss and appeal
  • Fera Pharmaceuticals v. Akorn – Represented third-party defendant in Section 1 and Section 2 case that settled on the eve of trial
  • Rainbow Energy v. American Midstream – Represented energy marketing company in bench trial of contract and fraud claims against pipeline operator
  • Ploetz v. NCAA – Represented the NCAA in first-ever trial involving claims chromatic traumatic encephalopathy (CTE) resulted in wrongful death