Peter J. Carney is a litigator who represents domestic and foreign clients in complex civil litigation at all levels in federal and state courts. His practice focuses on civil and criminal antitrust defense.
In 2010, Mr. Carney was named as one of the top ten antitrust lawyers in the United States under the age of 40 by Law360 in "Rising Legal Stars Under 40."
In addition to defending clients in cases brought by the Department of Justice Antitrust Division and the Federal Trade Commission, Mr. Carney routinely represents clients in cartel investigations brought by antitrust enforcers in a variety of non-US jurisdictions, including Europe, Japan, Korea, Canada, Australia, Brazil and Indonesia.
Mr. Carney also has experience representing clients in international arbitration, including the World Bank's ICSID forum and ad hoc international arbitration. He was counsel in one of the leading US Supreme Court cases regarding the issue of class arbitration. He also advises clients on the Foreign Sovereign Immunities Act and has litigated FSIA cases.
Significant experience includes:
Civil and Criminal Antitrust Representations
Antitrust Litigation re Pharmaceutical Patent Settlements and IP Issues
- Counsel in successful US Supreme Court appeal for parcel tanker shipping company Stolt-Nielsen SA in Stolt-Nielsen S.A. v. Animalfeeds International Corp., 559 US—(2010). The Court reversed a Second Circuit decision and vacated the underlying international arbitration award. The Court in Stolt-Nielsen held that where the arbitration agreement was silent as to class arbitration, Stolt-Nielsen had met the high standard of showing that the arbitrators had "exceeded their powers" under §10 (a)(4) Federal Arbitration Act by imposing class arbitration absent any "contractual basis for concluding the party agreed to do so."
- Lead counsel for Taiwanese auto parts manufacturer and its US subsidiary in criminal grand jury investigation of the aftermarket auto lights industry by the Department of Justice Antitrust Division. Resolved clients' criminal exposure in 2011at roughly one third of the US Sentencing Guidelines recommended minimum based on reduction under USSG Section 8C3.3.
- Counsel for US subsidiary of Japanese shipping company in criminal grand jury investigation by Department of Justice Antitrust Division.
- Trial counsel Stolt-Nielsen SA in criminal and civil litigation to enforce an Amnesty Agreement with the Department of Justice. On November 30, 2007, after a three-week evidentiary hearing, a federal district court in Philadelphia ruled in Stolt-Nielsen's favor and dismissed the indictment of the company and two of its executives, thereby enforcing the Amnesty Agreement (United States v. Stolt-Nielsen S.A., 524 F. Supp. 2d 609 (E.D. Pa. 2007).
- Successfully defended International Finance Corporation against allegations of bid rigging in proceedings before Indonesian antitrust regulators (KPPU).
- Counsel coordinating the defense for Stolt-Nielsen of antitrust class actions in federal and state courts, including before the Multidistrict Litigation Panel (MDL). This included the successful appeal to the Second Circuit in JLM Industries, Inc. v. Stolt-Nielsen SA, 387 F.3d 163 (2d Cir. 2004) requiring class action plaintiffs to arbitrate their horizontal federal antitrust claims and related state claims under maritime arbitration agreements.
- Co-lead counsel in dismissal of a shipping competitor's predatory pricing case in In re Parcel Tanker Shipping Servs. Antitrust Litig., 2d 487 (D. Conn. 2008). This was one of the first cases to dismiss predatory pricing claims under the Supreme Court's then-recent Tombly and Weyerhaeuser precedents.
- Counsel for major pharmacy chains in private action in federal court challenging an agreement of two insurers to establish overlapping closed pharmacy networks statewide. Secured clients' admission to one of the networks.
International Arbitration and Class Arbitration
- Counsel for branded drug manufacturer defending claims in federal court that new versions of drugs constituted anticompetitive "product hopping" rather than competition through innovation.
- Trial counsel for Upsher-Smith Laboratories in defense against the Federal Trade Commission's claims related to patent settlement that permitted the introduction of a generic pharmaceutical product. The Upsher-Smith case presented a number of novel antitrust, economic and intellectual property issues in the complex and unique regulatory context of the pharmaceutical industry. Following a 40-day trial, the Commission's Administrative Law Judge ruled in favor of Upsher-Smith on all counts, dismissing claims based on illegal agreements, attempted monopolization and monopolization.
- Counsel coordinating for Upsher-Smith the defense of more than 40 follow-on antitrust civil actions. This included consolidation of federal class actions, opt-out actions and state Attorney General actions in MDL proceedings and supervision of the defense of separate state court actions.
- Advised generic pharmaceutical client on parameters for proposed patent settlement agreement.
Foreign Sovereign Immunity Act (FSIA)
- Counsel for Stolt-Nielsen in multi-year putative class-arbitration proceeding and successful petition for vacatur of partial final award that had permitted the claimant-plaintiffs to bring class actions for damages under the applicable maritime arbitration clauses (ASBATANKVOY and VEGOILVOY). Stolt-Nielsen, SA v. Animalfeeds Int. Corp., 435 F. Supp. 2d 382 (SDNY 2006).
- Counsel client on strategy for challenge to arbitral award in SDNY involving manifest disregard of law.
- Counsel for defendant producer of manufactured housing in putative class arbitrations and related Florida state court proceedings regarding whether class arbitration could be required where the arbitration clause was silent as to class arbitration and defendant was not objecting class litigation in courts.
- Counsel for Stolt-Nielsen in various ad hoc international arbitrations by customers seeking treble damages under the Sherman act.
- Member of counsel team representing Czech bank CSOB in jurisdictional phase of arbitration against the Slovak Republic in the World Bank's ICSID forum (Ceskoslovenská obchodní banka, a. s. v. Slovak Republic). Team won landmark decision confirming jurisdiction.
- Counsel for investor in jurisdictional phase of ICSID arbitration against South American government. Obtained decision affirming jurisdiction.
- Counsel for Government of Vietnam in federal action to determine current ownership of US assets that had been frozen upon the 1975 fall of Saigon. Won US $3 million dollar judgment.
- Counsel in US antitrust litigation for transportation sector client that is part of German state.
- Member of counsel team for Republic of Indonesia in long-running litigation regarding various government bonds.
- Counsel for supervisory board of German corporate conducting internal investigation of whistleblower antitrust claims.
- Handled sensitive internal investigation and criminal antitrust inquiry for nationally prominent publicly-traded company. Succeeded in working with authorities to have inquiry closed prior to reaching level of full-blown investigation and without any publicity.
- Trial counsel for parcel tanker client defending employment action by client's former general counsel. The litigation involved cutting-edge ethical issues regarding former lawyer's duty of confidentiality and obligation to take concerns up the company ladder.
- Appellate counsel for Alaska Native Corporation in successful tax appeal before Federal Circuit involving the intersection of Alaska Native Claims Settlement Act and alternative minimum tax provisions.
- Counsel to Governor George W. Bush in litigation arising from 2000 Presidential election in Florida.
- Trial counsel representing a South American airline in dispute with aircraft lessor. Successfully defeated multiple motions for summary judgment, overcoming "hell or high water" clauses and permitting airline to retain aircraft even though rent was not being paid. Won favorable settlement for client.
- Pro bono counsel for US veteran in proceedings before the Board of Veterans' Appeals and Court of Appeals for Veterans Claims. Successfully established service connection for Marine's Vietnam-era injuries.
Prior to joining White & Case, Mr. Carney served as a law clerk to the Honorable H. Emory Widener, Jr. of the US Court of Appeals for the Fourth Circuit.
Bars and Courts
Virginia State Bar, 1996
District of Columbia Bar, 1997
US Supreme Court, 2000
US Court of Appeals for the District of Columbia Circuit, 1998
US Court of Appeals for the Federal Circuit, 1998
US Court of Appeals for the Second Circuit, 2005
US Court of Appeals for the Third Circuit, 2005
US Court of Appeals for the Fourth Circuit, 1997
US Court of Appeals for the Seventh Circuit, 2008
US District Court for the Western District of Virginia, 1997
US District Court for the Eastern District of Virginia, 1997
US District Court for the District of Columbia, 1998
US Court of Federal Claims, 1998
US Court of Veterans Appeals, 1999
US Bankruptcy Court for the Eastern District of Virginia, 1997
Court of Appeals for the District of Columbia, 1998
JD, American University, Washington College of Law, summa cum laude, Federal Circuit Editor, American University Law Review, 1996
BA, with Honors, Colby College, summa cum laude, 1992
Awards and Recognition
"Rising Legal Stars Under 40," Law360, 2010
2010 Irish Legal 100, The Irish Voice
Lura Turley Writing Prize, 1996
"Cartel Regulation 2013: Global Overview Chapter," Global Competition Review (co-author with Mark Powell and Martin M. Toto)
"Supreme Court's Stolt-Nielsen Decision Limits Use of Class Arbitration," The Antitrust Counselor, Vol. 4.4 June 2010 (with Charles Moore)
"Resale Price Maintenance Agreements After Leegin," Concurrences, No. 3, 2008 (with Kristen McAhren)
"International Forum Non Conveniens: 'Section 1404.5'- A Proposal in the Interest, Sovereignty, Comity, and Individual Justice," American University Law Review, 1995
"The GCR Cartel Roundtable," Panelist, ABA/IBA International Cartel Workshop, Vancouver, Canada, February 12, 2012
"US Cartel Regulation Recent Developments," Panelist, Latin American Antitrust Symposium, Buenos Aires, Argentina, April 7, 2011
"Deal or No Deal? Settlements and Plea Bargains in Competition Law," Panel Presentation, ABA Section of International Law, International Antitrust Law Committee, February 25, 2009
"Multi-Jurisdictional Competition Developments," Panel Presenter, 2009 Competition Law & Policy Forum, Langdon Hall, Langdon, ON, Canada, February 11-13, 2009
"Emerging Trends in Global Antitrust Law: What You Need to Know about Multi-Jurisdictional Antitrust/Competition Law Issues in the Next Five Years," Tokyo, September 2008
"Commercial Arbitration in the Americas," Washington College of law and IABA Symposium, Washington, D.C., April 2008
"Global Cartel Investigations and Recent Antitrust Law Developments: Mexico, the E.U. and the U.S.," Mexican Trade Association Presentation, Mexico City, February 2008
"Current Trends in U.S. Antitrust Enforcement," The Canadian Institute's Competition Law Compliance Conference, Toronto, Canada, May 2005
"Patent Settlements Agreements and the Upsher-Smith FTC Trial," New Jersey Corporate Counsel Association, Whippany, NJ, May 2003