Adam M. Acosta
Adam Acosta is a member of White & Case's Global Antitrust Practice and focuses on antitrust litigation, government investigations, and related counseling.
Ranked by Legal 500 US as one of three "Rising Stars" nationwide in the Antitrust Cartel category, Adam has helped clients achieve significant victories at virtually all stages of complex antitrust litigation. Some of those major victories include:
- dismissal of all federal and state antitrust claims in a product-tying case following a motion to dismiss (Tim Hortons);
- defeating a motion for class certification in a "reverse payment" case (AndroGel);
- prevailing on summary judgment in a "product hopping" case (Doryx); and
- helping secure a defense verdict at a price-fixing trial (Toshiba).
In the pre-litigation context, Adam has successfully resolved numerous government investigations before the DOJ's Antitrust Division, the Federal Trade Commission, and various state attorneys general, all without those agencies seeking injunctive, monetary, or other relief. Adam also routinely works with clients on compliance and competition-related counseling involving competitor collaborations, trade associations, information exchanges, competitive intelligence, and various business initiatives.
As President of the Hispanic Bar Association of the District of Columbia (HBA-DC), Adam leads one of the largest and most active bar associations in the Washington, DC area. He has served as a board member for HBA-DC since 2015 and is active in the American Bar Association's Antitrust Section. In 2019, the American Bar Association recognized Adam as a "Top 40 Young Lawyer."
Before joining White & Case, Adam completed a two-year clerkship in the US District Court for the Southern District of Indiana.
Antitrust Litigation and Government Investigations
- Successfully obtained dismissal of product-tying claims asserted by franchisees against franchisor.
- Successfully represented client in a post-merger conduct investigation by the DOJ's Antitrust Division and a state attorney general without either agency taking any legal action or seeking a consent decree of any kind against the client.
- Successfully defended a global electronics company in a multi-billion-dollar price-fixing case, helping the trial team win a complete defense verdict after a multi-week jury trial.
- Successfully represented client in multiple price-fixing investigations by the DOJ's Antitrust Division without the agency taking any legal action or seeking a consent decree of any kind against the client.
Pharmaceutical Antitrust Litigation
- Successfully defended two pharmaceutical companies in the seminal FTC v. Actavis case concerning "reverse payment" patent settlements. The FTC voluntarily dismissed its claims with prejudice and 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.
- Successfully opposed direct-purchaser plaintiffs' motion for class certification in the AndroGel "reverse payment" litigation in which the plaintiffs sought several billion dollars in class damages.
- Successfully defended innovator pharmaceutical company against "product hopping" claims in Doryx, resulting in the first ever grant of summary judgment against such claims.
- Successfully obtained voluntary dismissal with prejudice of all indirect-purchaser class actions in the AndroGel "reverse payment" litigation with zero damages, no liability, and no injunctive relief.
- Successfully litigated the Asacol and Loestrin class-action cases involving alleged reverse payments, product hopping, sham litigation, and/or fraudulent patent procurement with no finding of liability or other court-ordered relief.
- Successfully represented pharmaceutical companies in a patent-settlement investigation by a state attorney general without the agency taking any legal action or seeking a consent decree of any kind.
- Various ongoing pharmaceutical antitrust representations concerning HIV, hypertension, and cancer treatments.
Antitrust Counseling and Collaborations
- Counseled global pharmaceutical company concerning information exchanges and competitive intelligence, developing a global antitrust compliance program.
- Counseled tech company concerning various regulatory initiatives concerning competition.
- Counseled auto-parts company in its acquisition of a chassis-components business.
- Counseled distribution company concerning a proposed multi-billion-dollar acquisition.
- Counseled gaming company concerning potential antitrust issues related to acquisitions.
- Counseled global automotive manufacturer on antitrust compliance and training.
Hospital-Merger Litigation in 2014 Leads to Divestitures, Trying Antitrust, ABA Trial Practice Committee, 2015
Predictive Coding: The Beginning of a New E-Discovery Era, 56 RES GESTAE 8, 2012, republished with updates at 30 COMP. & INTERNET LAW. J. 26, 2013