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Home | BakerHostetler

Ronald Baumgarten Expects Upcoming Trade Policies to be Similar to Last Republican Administration

Patrick Campbell, Jonathan New Author Law360 Article on Whistleblower Programs

DOJ Antitrust Division Adds to Guidance on the Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations

BakerHostetler Alumni Newsletter – Fall 2024

Carl's more than 45 years of experience handling "bet the company" litigation and successfully trying lengthy jury and non-jury cases have honed his skills in the courtroom. He has also counseled clients on all aspects of civil and criminal antitrust and unfair competition law. Carl has resolved high-end, complicated cases for both plaintiffs and defendants in courts and before agencies across the United States throughout his comprehensive career. Clients have praised Carl for his ability to "accurately predict the way the courts are moving in their application of various legal doctrines" (Legal 500).

Known for his insight into antitrust and other complex litigation concerns, Carl is a thought leader on antitrust issues as a frequent author and speaker on such topics. He organized and led a daylong seminar on Section 5 of the Federal Trade Commission Act that featured representatives from all three branches of government.&nbsp;Carl has also served as a court-appointed special master, settlement monitor and liaison counsel in several complex litigations.

Carl is a regular columnist on antitrust issues for The Legal Intelligencer, America's oldest daily law journal, since 1993, and a trusted source for Pennsylvania legal news, information and analysis. Carl serves as an Adjunct Professor teaching antitrust law at the Drexel University Thomas R. Kline School of Law. He is also a regular contributor to BakerHostetler's <a href="https://www.antitrustadvocate.com/">Antitrust Advocate</a> blog, providing informative commentary on the latest developments in the antitrust sector. He is a previous recipient of the prestigious Burton Award for Legal Writing for an article he wrote on antitrust issues, and has been recognized numerous times as a Pennsylvania "Super Lawyer" in the area of Antitrust Litigation. Carl is the Litigation Leader for the firm's Philadelphia office.

core/freeform

J.D., Temple University Beasley School of Law, 1979, 

B.A., Temple University, 1976, 

<ul>
<li>The Legal 500 United States
<ul>
<li>Recommended in Antitrust: Civil Litigation/Class Actions: Defense (2015 to 2016, 2020 to 2024)</li>
</ul>
</li>
<li>Law360: Competition Editorial Advisory Board (2023 to 2024)</li>
<li>Chambers USA: Antitrust in Pennsylvania
<ul>
<li>Band 4 (2024)</li>
</ul>
</li>
<li>The Best Lawyers in America®
<ul>
<li>Pennsylvania: Commercial Litigation (2024 to 2025)</li>
</ul>
</li>
<li>Philadelphia Business Journal: Best of the Bar (2023)</li>
<li>Finalist for 2023 Antitrust Writing Awards by Concurrences and George Washington University Law School</li>
<li>Public Interest Law Center of Philadelphia: Thaddeus Stevens Partnership Award (2013)</li>
<li>The Legal Intelligencer
<ul>
<li>Top 10 Lateral Hires of 2014</li>
<li>Unsung Heroes Award (2012)</li>
</ul>
</li>
<li>Burton Award for Legal Writing Achievement: &#8220;The Diminishing Role of the Private Attorney General in Antitrust and Securities Class Action Cases Aided by the Supreme Court,&#8221; Journal of Business and Technology Law (2010)</li>
<li>Pennsylvania Super Lawyers
<ul>
<li>&#8220;Super Lawyer&#8221; (2004 to 2008, 2011 to 2024)</li>
<li>Corporate Counsel Edition: Antitrust Litigation (2009)</li>
</ul>
</li>
<li>Martindale-Hubbell: AV Preeminent Attorney (27 Years)</li>
<li>Animal Legal Defense Fund: &#8220;ALDF Advancement in Animal Law Pro Bono Achievement Award&#8221; on behalf of BakerHostetler (2015)</li>
</ul>

Philadelphia

Washington, D.C.

Carl Hittinger Comments on DOJ’s Remedy Filing for Google’s Online Search Monopoly

FTC Unveils Sweeping Modifications to HSR Merger Notification Form

Carl Hittinger Weighs in on Alaska Airlines/Hawaiian Airlines Merger in Law360 Article

Carl Hittinger, Michael Neminski Discuss District Courts’ Split on FTC’s Noncompete Rule Authority

Carl Hittinger Comments on Antitrust Trial Against Google

BakerHostetler attorneys, practice areas stand out in The Legal 500 annual guide

Chambers USA Guide 2024 Recognizes 155 BakerHostetler Attorneys and ­66 Practice Areas

Webinar: How Healthcare Companies (and Others) Can Avoid Antitrust Issues Despite Recent DOJ and FTC Actions

Carl Hittinger, Marc Schildkraut, Tyson Herrold Author Law360 Article on FTC Noncompete Rule Hurdles

How FTC History Did Not Affect the FTC’s Approach to Noncompetes (but Should Have?): From the Nader Report to the Present

Carl Hittinger Discusses Capital One’s Acquisition of Discover in National Law Journal Article

Carl Hittinger, Ayanna Brown Turn Attention to New Strike Force in Legal Intelligencer Column

Antitrust Advocate

Administration Launches Antitrust-Focused Strike Force

Eight BakerHostetler Attorneys Named to 2024 Law360 Editorial Advisory Boards

Carl Hittinger, Justin Murphy Review Court’s Decision in Bid-Rigging Case

Lessons Learned From the Antitrust and Competition Trenches for In-House Counsel

Law360, Bloomberg Law Highlight Antitrust Team Success in ZeroWater Lawsuit

Carl Hittinger, Will Chuchawat Quoted Regarding New Merger Guidelines, Fifth Circuit Illumina Decision

2024 HSR Filing Thresholds and Filing Fees Announced; 2024 Interlocking Directorate Thresholds Announced

Carl Hittinger Weighs in on Egg-Pricing Verdict in ‘Biggest Illinois Decisions of 2023’

FTC and DOJ Jointly Publish Revised Merger Guidelines

Carl Hittinger Comments on Potential Violations of the Sherman Act for SHRM

Carl Hittinger Comments on Behalf of Client Alon USA Energy in Law360 Article

Carl Hittinger, Jeffrey Liskov Author Legal Intelligencer Article on Antitrust Considerations in Executive Order on AI

Executive Order on AI: Antitrust Issues

Hittinger is quoted about impact of chicken price-fixing verdict

Hittinger addresses significance of proposed new M&A review rules

New DOJ and FTC Approaches to Prosecuting Antitrust Conduct

Use of ‘alternative methods’ to combat alleged antitrust conduct should prompt attention

Civil price-fixing case may shed light on whether plaintiffs can win where the DOJ has lost

Four decades after AT&T was broken up, is Google headed down that dark road?

Carl Hittinger named to Philadelphia Best of the Bar 2023

A rare retreat: FTC abandons effort to block $27.8 billion deal

Growing antitrust scrutiny means companies need to allow more time to complete deals

Antitrust scrutiny of labor practices is on the rise

An Article by Carl Hittinger, Marc Schildkraut and Ty Herrold Addresses FTC ‘Hostility’ to Healthcare Mergers

Carl Hittinger and Alyse Stach Author Article About Third Circuit Sugar Merger Decision

FTC and DOJ Jointly Propose New Merger Guidelines

Four BakerHostetler attorneys are selected to serve on Law360 editorial boards

FTC Proposes Sweeping Changes to HSR Reporting Requirements

BakerHostetler Attorneys and Practice Areas Recognized in The Legal 500 2023 Guide

Carl Hittinger Says, Expect the DOJ to Keep Bringing Criminal No-Poach Cases

Carl Hittinger Says FTC Could Face Uphill Climb in Effort to Block Acquisition

Carl Hittinger Is Named to Law360 Competition Editorial Advisory Board

Carl Hittinger, Tyson Herrold and Alyse Stach Present Antitrust CLE to In-House Counsel Conference

Carl Hittinger and Tyson Herrold Discuss Ruling Permitting Price-Fixing Class Action Against Universities

Carl Hittinger and Kayley Sullivan Report on ABA Antitrust Section Conference

A Familiar Refrain: Judges Remind Lawyers and Their Experts of the Importance of Explaining Antitrust Cases in a Way Laypeople Can Understand

Carl Hittinger Comments on FTC’s Effort to Block Purchase of Biotech Firm

Carl Hittinger and Alyse Stach Suggest Review of Communication Preservation Policies

Carl Hittinger Quoted in Article About Department of Justice Antitrust Losses

Carl Hittinger and Matt Schock Author Article on Impact of New FTC Tech Office

BakerHosts

FTC Seeks to Ban Noncompete Restrictions in Employment Contracts: What Does the Proposed Rule Mean for Businesses and Private Equity?

Carl Hittinger and Tyson Herrold Author Article About 100 Years of Baseball’s Antitrust Exemption

Dan Foix, Carl Hittinger and Tyson Herrold Author Article on Efforts to Renew Enforcement of Largely Dormant Act

Q&A About FTC Proposed Rule to Ban Noncompete Restrictions

Carl Hittinger Recognized for Top Verdict

Webinar: FTC Seeks to Ban Noncompete Restrictions in Employment Contracts

Carl Hittinger Interviewed About Rising Demand for Antitrust Counsel

2023 HSR Filing Thresholds and New Filing Fee Structure Announced

Antitrust and Competition Team Shortlisted for Writing Award

Carl Hittinger and Tyson Herrold Analyze FTC Effort to End Noncompete Restrictions

Carl Hittinger Addresses Problem of Overlapping Jurisdictions in Antitrust Enforcement

FTC Seeks to Ban Noncompete Restrictions in Employment Contracts

Carl Hittinger and Justin Kadoura Pen Article on FTC Unfair Competition Enforcement

Carl Hittinger Says FTC Faces ‘Uphill Fight’ in Effort to Expand Enforcement

Federal Trade Commission’s Historic Attempt to Drive a Mack Truck Through the Sherman Act

Carl Hittinger Quoted on How FTC Defines Unfair Competition

Carl Hittinger, Jeffry Duffy, Michael Matthias, Tyson Herrold, Julian Perlman and Alyse Stach Guide Client to Victory Against Price-Fixing Claims

DOJ Antitrust Brings First Criminal Monopolization Case in More Than 40 Years

Hospital Mergers: The Future of COPA Immunity

Carl Hittinger, Tyson Herrold Examine ‘568 Exemption’ Ruling in Legal Intelligencer Article

Carl Hittinger, Dan Foix, Julian Perlman, Jeffrey Liskov and Maria Luevano Author Article About Private Antitrust Litigation

Federal Court Allows Price-Fixing Class Action to Proceed Against Universities

Carl Hittinger, Tyson Herrold Author Legal Intelligencer Article on Minor League Baseball Case

Baseball’s Antitrust Exemption Marks Its 100th Anniversary with a New Challenge

Carl Hittinger Quoted in Law360 Article about DOJ Antitrust Losses

Carl Hittinger and Julian Perlman Pen Article on FTC’s Baby Formula Shortage Investigation

Baby Formula Shortage Subject of FTC Scrutiny

Continued Antitrust Focus on the Labor Market in the Wake of NCAA v. Alston

Carl Hittinger and Jeanne-Michele Mariani Assess Supreme Court Nominee’s Antitrust Record

Carl Hittinger Comments on Antitrust Issues Surrounding Proposed Airline Merger

Carl Hittinger Comments on Justice Department Lawsuit Blocking Proposed Merger of Sugar Companies

Carl Hittinger, Marc Schildkraut Article Focuses on Biden Executive Order Promoting Competition

Carl Hittinger and Marc Schildkraut Discuss Challenges to New Antitrust Efforts

Carl Hittinger, Danyll Foix Author Private Antitrust Litigation Chapter of Antitrust Review

Carl Hittinger, Marc Schildkraut Article Examines Potential Changes in Hold-Up, Injunctions in Standard Setting Context

Carl Hittinger, Alyse Stach Article Examines Antitrust Enforcement Leadership and Priorities of Biden Administration

BakerHostetler’s Antitrust and Competition Team Expands to Include Cartel and Government Antitrust Investigations Task Force

President Biden’s Executive Order: A Revolution in Antitrust Enforcement?

Carl Hittinger Comments on Supreme Court Ruling that NCAA Violates Antitrust Law

Supreme Court Holds That the ‘NCAA Is Not Above the Law’ and Issues Warning to Colleges, Universities and Other Not-for-Profit Institutions

Carl Hittinger, Julian Perlman Author Article on Supreme Court NCAA Decision

Carl Hittinger Speaks on Antitrust Issues for Contracts, Commercial Dealings under Biden Administration

BakerHostetler Attorneys, Practice Areas Recognized in The Legal 500 Guide for 2021

Linda Goldstein, Carl Hittinger Comment on Recent Supreme Court FTC Ruling

Commercial Litigation

Securities and Governance Litigation

Class Action Defense

Antitrust and Competition

Litigation

Healthcare Antitrust

Cartel and Government Antitrust Investigations Task Force

Russia-Ukraine War Resource Center

Industries

Energy

Healthcare

Energy Litigation

State Attorney General Enforcement, Investigations and Litigation

Multidistrict Litigation

<h5>Complex Litigation</h5>
<ul>
<li>Successfully defended California-based Bobrick Washroom Equipment, Inc., against Lanham Act false-advertising claims brought by a competitor, using discovery to formulate counterclaims that forced the competitor to drop its claims and agree to a $7.5 million settlement in the client’s favor and other corrective actions to create a level playing field; also persuaded court to sanction competitor’s in-house general counsel for unethical conduct in bringing claims against client. He is presently handling litigation against the competitor for breaching the settlement agreement. Scranton Products, Inc. v. Bobrick Washroom Equipment, Inc., No. 2014-cv-00853 (M.D. Pa.).</li>
<li>Presently representing a shopping center developer in a case that formulated cutting-edge antitrust claim against competing developer and supermarket chain for unlawful agreement to restrain trade in local supermarket sector; complaint withstood aggressive motions to dismiss, with court ruling that it pled a plausible prima facie case under the Sherman Act and various related state-law causes of action, and that client is entitled to full discovery on its claims.</li>
<li>Successfully obtained dismissal by the Court of Appeals for the Third Circuit after nine years of complex and contentious litigation of all antitrust and unfair competition claims brought against Bobrick Washroom Equipment, Inc., by a rival competitor, which sought more than $31 million in damages and fees. The decision was affirmed by the Supreme Court.</li>
<li>Successfully resolved an antitrust case for client Church &amp; Dwight Co., Inc., after four years of costly and complex litigation. A federal court in California granted summary judgment on the eve of trial on all antitrust claims brought by a competitor claiming Church &amp; Dwight&#8217;s marketing practices concerning Trojan condoms constituted illegal monopoly conduct. Church &amp; Dwight v. Mayer Laboratories, 2012 WL 1231801 (N.D. Cal.). The FTC also agreed to close its parallel, three-year and highly publicized investigation of Church &amp; Dwight under Section 5 of the FTC Act for the same conduct. There was no consent decree request, no conditions were imposed, and the FTC agreed to destroy all documents.</li>
<li>Obtained the successful dismissal of a student due process litigation against a university client. Herbert v. Reinstein, Temple University School of Law and Temple University, 1994. US Dist. LEXIS 15234 (E.D.Pa. 1994), affirmed in part and reversed in part, 70 F.3d 1255 (3d Cir. 1995).</li>
<li>Represented the plaintiffs in an Americans with Disabilities Act case, which was successfully reversed on appeal concerning issues of religious exemption. Doe v. Abington Friends School, 480 F. 3d 252 (3d Cir. 2007).</li>
<li>Represented chemical manufacturing client in an individual antitrust action for bid rigging, boycotting and price fixing, resulting in an early settlement by all defendants except the client. The matter was fully litigated by the client, resulting in an insignificant settlement for costs. Horizons v. FMC. et al. (E.D. Pa.).</li>
<li>Represented chemical manufacturing client in an individual antitrust action alleging price fixing and monopolistic conduct in the plastics industry. The case was settled and the client was not sued. H&amp;W v. Formosa Plastics (N.D. Miss.).</li>
<li>Handled a Florida criminal antitrust investigation by the Florida Attorney General&#8217;s Office of chemical manufacturers and distributors for possible price fixing and bid rigging. No prosecutions were brought. Florida Antitrust Investigation.</li>
<li>Handled a criminal antitrust investigation by the Ohio Attorney General&#8217;s Office of chemical manufacturers and distributors for possible price fixing and bid rigging. No prosecutions were brought against the client. Ohio Antitrust Investigation.</li>
<li>Represented client in a civil action alleging price discrimination and related conspiracy by the client in the residential boiler industry. A summary judgment was granted on a price discrimination claim. L&amp;L v. Peerless Industries (M.D. Pa.).</li>
<li>Represented grocery chain client in a civil action involving an anticompetitive real estate restrictive covenant. The case settled after trial while the appeal was pending. Acme Markets v. Giant Food. Inc. and Wharton Hardware (D.N.J.).</li>
<li>Represented a scrap dealer alleging an antitrust civil action for sham litigation and related anticompetitive conduct. Baltimore Scrap Corp. v. David J. Joseph Co.(D. Md.).</li>
<li>Represented client in a civil action for false and misleading advertisements and related alleged anticompetitive conduct. The case was voluntarily dismissed by the plaintiff. Santana Products. Inc. v. Sylvester &amp; Associates (E.D. N.Y.).</li>
<li>Represented client Sara Lee Corp. against a civil action for franchise termination and fraud. Obtained a directed verdict for the client after a seven-week jury trial. Sanctions were assessed against the plaintiff for improper substitution of an expert and seven experts were excluded under Daubert. The case eventually settled after a lengthy jury trial. LCC v. Sara Lee Corp. (D.N.J.).</li>
<li>Represented a manufacturing client in a civil action for false and misleading statements, predatory pricing, price discrimination and related anticompetitive conduct by a competitor against client in the boiler industry. The litigation settled on the eve of the jury trial. Peerless Heater Co. v. Mestek. Inc., et al. (E.D. Pa.).</li>
<li>Represented a road construction client in a civil dispute with an antitrust counterclaim for conspiracy to restrain trade. The case was settled during the jury trial. Shore Slurry Seal v. Koch Industries (E.D. Pa.).</li>
<li>Represented a hospital client in a civil action for false and misleading statements, and related monopolistic and conspiratorial conduct by clients in an alleged violation of antitrust laws and the Lanham Act. The case was voluntarily withdrawn by the plaintiff after discovery was completed and subsequently dismissed by the court with prejudice. Ellen Memorial Health Care Center. Inc. v. Wayne Memorial Health System. Inc., et al. (M.D. Pa.).</li>
<li>Served as court-appointed Special Master in Plaza 34 Realty Assoc. v. Resolution Trust Corporation, Civil Action Nos. 93-2520 and 93-0573 (E.D. Pa.).</li>
<li>Served as court-appointed Special Master in Farley v. Cessna Aircraft Company, Civil Action No. 93-6948 (E.D. Pa.).</li>
<li>Served as court-appointed defense liaison counsel in Chlorine and Caustic Soda Antitrust Litigation, Civil Action 86-5428 (E.D. Pa.).</li>
</ul>
<h5>Class Actions</h5>
<ul>
<li>Representing Equity Residential, a coast-to-coast real estate lessor, in defending against dozens of nationwide and local class actions in federal court alleging a Sherman Act Section 1 conspiracy in the purported multifamily residential real estate market. The complaints allege that Equity Residential and more than 30 other property developers conspired to use RealPage, Inc.’s pricing analytic software to fix residential lease prices. Appointed by the Court to serve on the MDL defense liaison committee.</li>
<li>Successfully defended downstream energy company Alon USA Energy, Inc., a subsidiary of Delek US, against allegations of price-fixing in the California gasoline market. The federal court in the Southern District of California in a precedent-setting 103-page opinion granted Alon’s motion for summary judgment and also the summary judgment and expert preclusion motions of its co-defendants. The cases were brought against multiple major oil refiners by putative classes of direct and indirect gasoline purchasers under the Sherman Antitrust Act and California’s antitrust statute, the Cartwright Act. The plaintiffs alleged that California consumers were overcharged at the pump between 2012 and 2022 due to the defendants’ allegedly coordinated refinery shutdowns, exchange agreements, wash trades, and imports and exports to restrict the supply of gasoline and create the appearance of gasoline shortages. Plaintiffs had sought $15 billion in damages before trebling. Persian Gulf Consolidated Antitrust Litigation (S.D.Cal.).</li>
<li>Defended client U.S. Healthcare against shareholder actions, which resulted in a dismissal and sanctions against the plaintiff&#8217;s class counsel. Garr v. US Healthcare, Inc., 22 F.3d 1274 (3rd Cir.).</li>
<li>Involved in a class action antitrust litigation against chemical manufacturing client Occidental Chemical resulting in the denial of class certification and an eventual settlement. AM/COMM Antitrust Litigation.</li>
<li>Involved in an individual antitrust action against chemical manufacturing client Occidental Chemical resulting in an eventual settlement. DASA Antitrust Litigation.</li>
<li>Served as a court-appointed liaison counsel for defendants in a class action alleging price fixing and bid rigging in the chemical industry. The case was settled on the eve of trial by the client Occidental Chemical after all other defendants had settled. Was involved in a subsequent class action litigation brought on behalf of indirect purchasers. Class certification was denied and the case severely limited through motions to dismiss. City of Philadelphia v. FMC. et al. (E.D. Pa. 1989); City of St. Paul v. FMC. et al. (D. Minn.).</li>
<li>Involved in a civil class action and Department of Justice criminal antitrust investigation against a food processor client Hormel Foods and other processors for price fixing and bid rigging. Catfish Antitrust Litigation (E.D. Pa. and N.D. Miss.).</li>
<li>Involved in a Department of Justice criminal antitrust investigation of possible bid rigging for government contracts. The investigation was concluded without an indictment. Pharmaceutical Antitrust Investigation (E.D. Pa.).</li>
<li>Involved in a civil action for predatory pricing and attempted monopolization by client Wheaton Industries. American International Container v. Diaz-Oliver v. Wheaton Industries (S.D. Fla. 1995).</li>
<li>Represented pharmaceutical client Smithkline Beecham in a class and individual litigation nationwide against drug manufacturers and others alleging price discrimination and other conspiratorial activities. Brand Name Prescription Drug Antitrust Litigation (N.D. Ill.).</li>
</ul>

Carl W. Hittinger

Carl W. Hittinger

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