Adam M. Acosta

Antitrust Litigation and Investigations

• Successful defense of Restaurant Brands International and Tim Hortons, obtaining dismissal of all federal and state product-tying claims at the motion-to-dismiss stage.
• Successful defense of Toshiba in a multi-billion dollar price-fixing case as part of the trial team that won a complete defense verdict after a multi-week jury trial.
• Successful representation of entertainment/hospitality client in a post-merger conduct investigation by the DOJ's Antitrust Division and a state attorney general. The agencies did not take any legal action or seek any relief from the client.
• Successful representation of construction/manufacturing client in multiple price-fixing investigations by the DOJ's Antitrust Division and the FTC. The agencies did not take any legal action or seek any relief from the client.
• Successful representation of two pharmaceutical companies in an investigation by a state attorney general involving the enforcement of intellectual property. The state attorney general did not take any legal action or seek any relief from the client.
• Counseled numerous companies in responding to Civil Investigative Demands (CIDs) issued by the DOJ's Antitrust Division and the FTC.

Pharmaceutical Antitrust Litigation

• Successful defense of Boston Scientific's subsidiary BTG International Ltd. against "sham litigation" claims related to patent litigation for Zytiga®. The district court dismissed all antitrust claims by direct and indirect-purchaser plaintiffs as well as a Qui Tam plaintiff under the False Claims Act. BTG was the only defendant dismissed in all three cases.
• Successful opposition to direct-purchaser plaintiffs' motion for class certification in the AndroGel® "reverse payment" litigation in which the plaintiffs sought several billion dollars in alleged class damages.
• Successful defense of Warner Chilcott against "product hopping" claims in the Doryx® antitrust litigation, securing the first ever grant of summary judgment against such claims. The Third Circuit affirmed on appeal.
• Successful defense of Par Pharmaceutical and Paddock Laboratories in the seminal FTC v. Actavis litigation concerning "reverse payment" claims. After the US Supreme Court's decision in FTC v. Actavis, Inc., 570 U.S. 136 (2013) and follow-on litigation in federal district court, the FTC voluntarily dismissed its claims with prejudice for zero damages, no liability, and no injunctive relief beyond that already agreed to previously by the client's corporate parent in an unrelated matter.
• Successful defense of Par Pharmaceutical and Paddock Laboratories in the In re AndroGel Antitrust Litigation, obtaining a voluntary dismissal with prejudice of all indirect-purchaser class-action claims with zero damages, no liability, and no injunctive relief.
• Successful defense of Allergan related to alleged reverse payment and product hopping claims in the Asacol® antitrust litigation. On the eve of opening arguments, the First Circuit stayed the trial and granted an interlocutory appeal, ultimately vacating a federal district court's certification of an indirect-purchaser class.
• Successful defense of a pharmaceutical company, obtaining a complete dismissal of a direct-purchaser plaintiff's class-action complaint on statute-of-limitation grounds, despite allegations of fraudulent concealment.

Antitrust Counseling and Collaborations

• Counseled tech company on various regulatory initiatives related to competition in the European Union.
• Counseled global pharmaceutical company concerning information exchanges and competitive intelligence, developing an antitrust compliance program focusing on the United States, Europe, and Asia.
• Counseled auto-parts company in its acquisition of a chassis-components business.
• Counseled internet/tech company concerning a consumer-protection investigation.
• Counseled global gaming company concerning potential antitrust issues related to acquisitions.
• Counseled global pharmaceutical company concerning pricing and supply chain issues.
• Counseled distribution company concerning a proposed multi-billion-dollar acquisition.
• Counseled global automotive manufacturer on antitrust compliance and training.
• Counseled numerous pharmaceutical companies in connection with settling patent litigation and reporting requirements under the Medicare Prescription Drug, Improvement, and Modernization Act (MMA).