Erik Koons is a Partner in the Antitrust and Competition Practice of Baker Botts' Washington, D.C. office. He has more than twenty years of experience representing some of the world's leading companies in bet-the-company antitrust litigations involving the full gamut of competition related claims, including those alleging price fixing, monopolization, monopsonization, “sham” patent litigation, tying and bundling. Many of these litigations have involved massive, nationwide class action claims for both direct and indirect purchaser plaintiffs as well as suits brought by state and federal governments. Mr. Koons’ class action defense experience involves claims seeking in the hundreds of millions to over $9 billion in alleged damages. Mr. Koons’ experience has been concentrated in the pharmaceutical, medical device, food, technology, telecom, energy, chemical, manufacturing, transportation and electronics industries. Mr. Koons devotes a substantial amount of his practice representing companies in internal competition-related investigations and in connection with investigations launched by federal antitrust enforcement agencies and states attorneys general. He regularly counsels corporations on competition-related business matters and designs and implements antitrust compliance programs for clients across the globe.
Mr. Koons was a member of the trial team that received dismissals of six of the seven price-fixing and monopolization charges for McWane, Inc. in an eight-week bench trial against the FTC. The dismissals marked the first time in nearly 20 years that the Commission ruled against itself following an in-house trial in front of the agency’s administrative law judge. The case earned the McWane trial team the award for “Behavioral Matter of the Year- Americas” by Global Competition Review.
Mr. Koons is a sought-after writer and speaker on a wide range of antitrust topics and has authored competition related articles and publications, including as co-author of the recent chapter of “GCR Know How” and co-editor of the ABA’s forthcoming publication on Obtaining Discovery Abroad, 3rd ed.
From 1999-2000, Mr. Koons was clerk to the Hon. Norman A. Mordue, United States District Court Judge for the Northern District of New York.
- New Prime v. Eaton Corporation – Represented defendant in action alleging monopolization, exclusionary conduct, fraud, unfair competition, and unjust enrichment brought by an indirect purchaser in federal court in Missouri. Received full dismissal of complaint at motion to dismiss stage.
- In re Cathode Ray Tube (CRT) Antitrust Litigation – Representing Philips in all aspects of state AG, opt-out, and civil class actions.
- Mark S. Wallach and In re Class 8 Truck Transmission Indirect Purchaser Litigation v. Eaton. Represented Eaton in direct and indirect purchaser class action suits; received dismissal of the direct purchaser case and a denial of class certification in the indirect purchaser suit; both decisions were affirmed on appeal.
- Metaswitch Networks Ltd., v. Ribbon Communications Inc., managing defense of claims alleging violation of Sherman Act Sections 1 & 2, Lanham Act, and state unfair competition and false advertising laws.
- 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.) Trial verdict on all claims in favor of client.
- 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 closed a related investigation with no action.
- Sterling Merchandising, Inc. v. Nestlé, S.A., Nestlé Puerto Rico, Inc., and Payco Foods Corporation. Managed defense and received summary judgment dismissing all claims alleging violations of Sherman Act Section 1 and 2, Clayton Act Section 3 and Puerto Rican statutory analogues. Affirmed in appeal.
- 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.
- 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 & 2018
Recognized in Global Competition Review's Who's Who Legal: Competition, 2017-2019
Recommended in The Legal 500, 2016-2017
Nominee: Global Competition Review's "Litigation of the year - cartel defense" for defense of C&S Wholesale Grocers (2019)
Obtaining Discovery AbroadExternal Article
Baker Botts Antitrust Partners Erik Koons and Maureen Ohlhausen will be speaking at the Knect365 Antitrust TX 2019 Conference in Houston on September 24, 2019.
Baker Botts partners Peter Huston, Erik Koons, Matthew Levitt and John Taladay will be hosting a webinar on Everything You Want to Know About Cartels (But Were Too Afraid to Ask) and will be discussing the latest trends and challenges in cartel investigations and enforcement.
Baker Botts Partner Erik Koons will be speaking at the ABA Section of Litigation & Solo, Small Firm and General Practice Division CLE Conference in New York on May 1st.