Peter Carney | White & Case LLP International Law Firm, Global Law Practice
Peter Carney
Peter Carney

Peter Carney

Partner, Washington, DC

T +1 202 626 3662 / + 1 202 626 3600

E pcarney@whitecase.com

in LinkedIn profile

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”.

Overview

Peter J. Carney is a litigator who represents domestic and foreign clients in complex litigation at all levels in federal and state courts and in government investigations and proceedings. His practice focuses on civil and criminal antitrust defense.

In addition to defending clients in price-fixing cases brought by in the United States 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, Brazil, Canada, Australia, New Zealand, and Indonesia.

For over a decade he has successfully represented pharmaceutical clients in complex civil antitrust litigation involving patent-settlement agreements (sometimes called reverse-payment cases), both in federal court class actions and at trial before the Federal Trade Commission.  Mr. Carney has also represented pharmaceutical companies in investigations and high profile antitrust litigations concerning life-cycle management strategies, now challenged as "product hopping" and "switching" strategies.

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.

Bars and Courts

  • Virginia State Bar
  • District of Columbia Bar
  • US Supreme Court
  • US Court of Appeals the District of Columbia Circuit, Federal Circuit, and the First, Second, Third, Fourth and Seventh Circuits
  • US District Court for the Western District of Virginia
  • US District Court for the Eastern District of Virginia
  • US District Court for the District of Columbia
  • US Court of Federal Claims
  • US Court of Veterans Appeals
  • US Bankruptcy Court for the Eastern District of Virginia
  • Court of Appeals for the District of Columbia

Education

  • 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

Languages

  • English
  • Spanish
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Experience

Civil and Criminal Antitrust Representations:

Counsel in successful US Supreme Court appeal for parcel tanker shipping company Stolt-Nielsen SA in 'Stolt-Nielsen S.A. v. Animalfeeds International Corp.', 130 S. Ct. 1758 (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 at roughly one third of the US Sentencing Guidelines recommended minimum based on reduction under USSG Section 8C3.3.

Counsel for Japanese company in connection with criminal grand jury investigation by Department of Justice as to the capacitor industry.

Counsel for French cable manufacturer Nexans in Power Cable proceedings by European Commission under Article 101 EC concerning the European market for electric cable, including successful challenge to scope of dawn raid. Power Cables, AT.36910.

Counsel for supervisory board of German auto-part company in criminal grand jury investigation by Department of Justice Antitrust Division.

Counsel for US subsidiary of Japanese shipping company in criminal grand jury investigation by Department of Justice Antitrust Division.

Trial counsel for Stolt-Nielsen SA in criminal and civil litigation to enforce an Amnesty Agreement with the Department of Justice. 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., 541 F. Supp. 2d 487 (D. Conn. 2008). This was one of the first cases to dismiss predatory pricing claims under the Supreme Court's then-recent Twombly and Weyerhaeuser precedents.

Antitrust Litigation re Pharmaceutical Patent Settlements and IP Issues:

Counsel for Warner-Chilcott in the Doryx Antitrust Litigation, successfully obtaining dismissal of claims by a competitor in federal court that new versions a of drug constituted anticompetitive "product hopping" rather than competition through innovation. The District Court granted summary judgment for Warner-Chilcott holding there was no exclusionary conduct where branded drug maker discontinued older versions of drugs to focus on newer versions Mylan Pharmaceuticals, Inc. v Warner Chilcott PLC et al., 2015 WL 1736957 (E.D.PA.2015).

Counsel to Actavis and Warner-Chilcott in In re Loestrin Antitrust Litigation (D. R.I.), including successful motion to dismiss. This was one of the first dismissals after the Supreme Court's decision in Actavis.

Counsel to Boehringer Ingelheim in In re Aggrenox Antitrust Litigation MDL (D. Conn.) concerning competitive effects of patent settlement agreement.

Counsel to major U.S. branded pharmaceutical company in investigation by the Federal Trade Commission of multiple patent settlements.

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 for Upsher-Smith in In Re-K-Dur Antitrust Litigation, coordinating the defense in MDL proceeding 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.

Advise generic pharmaceutical clients on parameters for proposed patent settlement agreement.

International Arbitration and Class Arbitration:

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 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.

Foreign Sovereign Immunity Act (FSIA):

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.

Internal Investigations:

Counsel for supervisory board of German corporate conducting internal investigation of whistleblower antitrust claims.

Handled sensitive internal investigation and criminal antitrust inquiry for Fortune 100 publicly-traded company. Succeeded in working with authorities to have inquiry closed prior to reaching level of full-blown investigation and without any publicity.

General Litigation:

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.

Speaking Engagements

"US Cartel Enforcement and Follow-on Private Damages Actions", October 2013: Universidad de Chile,
Santiago, Chile
, (panelist)

"A Case Study of Responding to US Antitrust Enforcement and Civil Litigation: Perspectives from the Aftermarket Auto Lights Investigation", January 2013: Taiwan Fair Trade Commission,
Taipei, Taiwan
, (presenter)

"US/Brazil Merger Review Update", May 2012:
Sao Paulo, Brazil
, (co-presenter)

"The GCR Cartel Roundtable", February 12, 2012: ABA/IBA International Cartel Workshop,
Vancouver, Canada
, (panelist)

"US Cartel Regulation Recent Developments", April 7, 2011: Latin American Antitrust Symposium,
Buenos Aires, Argentina
, (panelist)

"Deal or No Deal? Settlements and Plea Bargains in Competition Law", February 25, 2009: ABA Section of International Law, International Antitrust Law Committee, (panel presenter)

"Multi-Jurisdictional Competition Developments", February 11-13, 2009: 2009 Competition Law & Policy Forum, Langdon Hall, Langdon,
Ontario, Canada
, (panel presenter)

"Emerging Trends in Global Antitrust Law: What You Need to Know about Multi-Jurisdictional Antitrust/Competition Law Issues in the Next Five Years", September 2008:
Tokyo

"Commercial Arbitration in the Americas", April 2008: Washington College of Law and IABA Symposium,
Washington, D.C.

"Global Cartel Investigations and Recent Antitrust Law Developments: Mexico, the E.U. and the U.S.", February 2008: Mexican Trade Association Presentation,
Mexico City

"Current Trends in U.S. Antitrust Enforcement", May 2005: The Canadian Institute's Competition Law Compliance Conference,
Toronto, Canada

"Patent Settlements Agreements and the Upsher-Smith FTC Trial", May 2003: New Jersey Corporate Counsel Association,
Whippany, NJ

Publications

  • Cartel Regulation 2015: Global Overview Chapter, Getting the Deal Through, (co-author with Mark Powell and Martin M. Toto)
  • Cartel Regulation 2014: Global Overview Chapter, Getting the Deal Through, (co-author with Mark Powell and Martin M. Toto)
  • Cartel Regulation 2013: Global Overview Chapter, Getting The Deal Through, (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 of Sovereignty, Comity, and Individual Justice, American University Law Review, 1995

Awards & Recognition

Distinguished Alumnus Award, AU Law Review 2015

Rising Legal Stars Under 40, Law360, 2010

2010 Irish Legal 100, The Irish Voice

Lura Turley Writing Prize, 1996