Adam M. Acosta

Antitrust and Consumer-Protection 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 and consumer-protection claims by direct and indirect-purchaser plaintiffs as well as claims by a Qui Tam plaintiff under the False Claims Act. BTG was the only defendant dismissed in all three cases.
• 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 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 AbbVie in "reverse payment" litigation, obtaining complete dismissal of all antitrust and consumer-protection claims filed by direct-purchaser, indirect-purchaser, and opt-out retailer plaintiffs.
• Successful opposition to direct-purchaser plaintiffs' motion for class certification in the In re AndroGel Antitrust Litigation in which plaintiffs sought several billion dollars in alleged class damages.  The court denied the motion for class certification in its entirety.
• 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 Gilead Sciences by obtaining dismissal of a direct-purchaser complaint on statute-of-limitations grounds, despite allegations of fraudulent concealment.
• Successful petition for writ of certiorari in the New Mexico Supreme Court related to the New Mexico Attorney General's argument that the stream-of-commerce theory allowed it to challenge out-of-state conduct in New Mexico by nonresident corporations.
• Successful opposition to a motion to certify a class consisting of direct purchasers of HIV treatment Complera®. 
• 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 at the end of discovery with zero damages, no liability, and no injunctive relief.

Government Investigations

• Successfully counseled internet/tech company concerning a consumer-protection investigation by the FTC’s Bureau of Consumer Protection.
• Successful representation of entertainment/hospitality client in a conduct investigation by the DOJ's Antitrust Division and a state attorney general. The agencies did not take any legal action or obtain any relief from the client.
• Successful representation of manufacturing client in multiple price-fixing investigations by the FTC and the DOJ's Antitrust Division. The agencies did not take any legal action or obtain any relief from the client.
• Successful representation of two companies in an investigation by a state attorney general involving their enforcement of intellectual-property rights. The state attorney general did not take any legal action or obtain any relief from the client.
• Successful representation and antitrust approval from the FTC related to Federal Mogul's acquisition of Affinia Group, Inc.’s chassis-components business.
• Successful representation of various companies in responding to Civil Investigative Demands (CIDs) issued by the DOJ's Antitrust Division and the Federal Trade Commission.

Antitrust Counseling and Collaborations

• Counseled a trade association concerning the FTC’s proposed rule on non-compete agreements.
• Counseled global tech company on various regulatory initiatives related to competition on its social-media platform.
• Counseled national foodservice distributor concerning a proposed multi-billion-dollar acquisition.
• Counseled global pharma company concerning information exchanges and competitive intelligence, developing an antitrust compliance program focusing on the United States, Europe, and Asia.
• Counseled global pharmaceutical company concerning pricing and supply chain issues.
• Counseled global gaming company concerning potential antitrust issues related to acquisitions.
• Counseled global automotive manufacturer on antitrust compliance and training.
• Counseled pharmaceutical companies in connection with settling patent litigation and reporting requirements under the Medicare Prescription Drug, Improvement, and Modernization Act (MMA).