Adam Acosta has a strong reputation for successfully handling government investigations and litigating cartel/conspiracy antitrust cases, including a recent string of client wins in the franchisor-franchisee, hospitality, and pharmaceutical sectors.
Biography
Adam Acosta is a partner in White & Case's Global Antitrust and Competition Practice, where he focuses on antitrust litigation, government investigations, and complex commercial disputes.
Recently recognized as an MVP by Law360 for his "successes in high-stakes litigation," Adam has litigated all sorts of antitrust issues from novel monopolization theories to international price-fixing allegations. Clients describe Adam as "very thorough" and "knowledgeable about competitor collaborations, responding to government antitrust investigations, and information exchanges" (Legal 500, 2021-22). He is often called on to address time-sensitive issues, with one client noting that Adam "created an excellent appellate brief on very short notice, immediately appreciating the potential risk for our members and the urgency" (Legal 500, 2023).
Adam has helped clients resolve disputes at virtually every stage of litigation, spanning a broad range of industries. He has litigated many of the major pharmaceutical antitrust cases over the last decade, including FTC v. Actavis (voluntary dismissal after remand from Supreme Court), AndroGel (defeating class cert.), Asacol (Rule 23(f) petition and reversal of class cert. in First Circuit); Bystolic (Rule 12(b)(6) dismissal of all six reverse-payment claims; affirmed by Second Circuit), Doryx (first summary judgment win in product-hopping case; affirmed by Third Circuit), Zytiga (Rule 12(b)(6) dismissal of sham-litigation claims; only defendant dismissed in all cases), and many others (HIV, Effexor, Lipitor, Loestrin, Xyrem).
In other sectors, Adam's litigation successes range from securing a complete defense verdict for Toshiba as part of the trial team that defeated price-fixing claims in the TFT-LCD (Flat Panel) Antitrust Litigation to obtaining an early dismissal of product-tying claims for Tim Hortons in a collective action by franchisees. And he has helped clients resolve government antitrust investigations involving manufacturing, technology, retail, and professional sports.
As a past President of the Hispanic Bar Association of the District of Columbia (HBA-DC), Adam led one of the most active bar associations in the Washington, DC area. He served as a board member for HBA-DC from 2015 to 2022 and is an active member of the American Bar Association and the Hispanic National Bar Association. Adam is also currently a Vice Chair of the American Health Law Association's Antitrust Practice Group.
Before joining White & Case, Adam completed a two-year clerkship in Indianapolis at the US District Court for the Southern District of Indiana.
Experience
Representative Antitrust and Commercial Litigation
- Successfully defended AbbVie in the Bystolic® "reverse payment" litigation challenging six so-called "side deals," obtaining complete dismissal under Rule 12(b)(6) of all antitrust and consumer-protection claims filed by direct-purchaser, indirect-purchaser, and opt-out retailer plaintiffs. The Second Circuit affirmed on appeal.
- Successfully defended 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.
- Successfully defended Tim Hortons and Restaurant Brands International, obtaining a Rule 12(b)(6) dismissal of all franchise product-tying and breach-of-contract claims where certain franchisees alleged they were forced to purchase supplies at inflated prices.
- Successfully defended Boston Scientific's subsidiary BTG International against "sham litigation" claims related to patent litigation for Zytiga®. The district court dismissed all antitrust and consumer-protection claims as well as claims by a Qui Tam plaintiff under the False Claims Act. BTG was the only defendant dismissed in all three cases.
- Successfully defended Warner Chilcott against "product hopping" monopolization claims in the Doryx® antitrust litigation, securing the first ever grant of summary judgment against such claims. The Third Circuit affirmed on appeal.
- Successfully defended Apex Clearing Corporation as part of the appellate team securing a complete win in the Eleventh Circuit, which affirmed a Rule 12(b)(6) dismissal of common law tort and securities challenges relating to so-called "short squeeze" efforts by traders of meme stocks.
- Successfully opposed direct-purchaser plaintiffs' motion for class certification in the AndroGel® "reverse payment" litigation in which plaintiffs sought several billion dollars in alleged class damages. The court denied the motion for class certification in its entirety.
- Successfully defended 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 a rare interlocutory appeal, ultimately vacating the federal district court's certification of an indirect-purchaser class.
- Successfully defended Gilead Sciences in the In re HIV Antitrust Litigation, including by (i) securing dismissal of all "product hopping" and joint-venture claims on summary judgment, (ii) obtaining dismissal of a direct-purchaser complaint on statute-of-limitations grounds, despite allegations of fraudulent concealment, and (iii) defeating a motion to certify a class consisting of direct purchasers of HIV treatment Complera®. A jury subsequently found for defendants on all remaining claims at trial.
- Successfully defended 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 by the FTC 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 a prior unrelated matter.
- Successfully defended a multi-national company in royalty disputes under license agreements, implicating over a billion dollars in alleged underpayments.
- Successfully secured full indemnification for licensor concerning a multi-million dollar dispute filed against both the licensor and licensee.
- Successfully enforced non-class arbitration provision in distribution agreement, eliminating billions of dollars in alleged class-wide damages.
Representative Government Investigation and Compliance Matters
- Successfully represented global technology company concerning a consumer-protection investigation by the US Federal Trade Commission's Bureau of Consumer Protection.
- Successfully represented professional sports organization in various merger and non-merger investigations by the US DOJ's Antitrust Division, the Canadian Competition Bureau, and several US state attorneys general.
- Successfully represented global manufacturing client in multiple price-fixing investigations by the FTC and the DOJ's Antitrust Division.
- Successfully represented global manufacturing company related to a government antitrust investigation in the middle east concerning alleged bid-rigging practices.
- Successfully counseled social-media company on various regulatory proposals in the EU related to competition.
- Successfully counseled global pharmaceutical company concerning information exchanges and competitive intelligence, developing an antitrust compliance program focusing on the United States, Europe, Latin America, and Asia.
- Successfully counseled global retailer on warranty risks and compliance under federal and state laws.
- Successfully counseled global automotive company on franchise-dealer laws and compliance.
- Successfully counseled international trade association concerning the FTC's proposed rule on non-compete agreements.
- Successfully represented Federal Mogul in an FTC investigation concerning the acquisition of Affinia Group, Inc.'s chassis-components business.
- Successfully represented two pharmaceutical companies in an investigation by a state attorney general involving their enforcement of patent rights.
cum laude, Howard Law Journal, Dean's Fellow
Next Generation Partner, Antitrust Cartels, Legal 500 US, 2023-2025
Leading Litigators in America, Lawdragon 500, 2022-2025
"Litigator of the Week" Runner-up, Am Law Litigation Daily, 2024
Most Valuable Player, Life Sciences, Law360, 2022
Top Lawyers Under 40, Hispanic National Bar Association, 2022
Rising Star, Antitrust Cartels, Legal 500 US, 2021-2022
"Ones to Watch" in Antitrust Law, Best Lawyers, 2021-2023
On the Rise: Top 40 Young Lawyers, American Bar Association, 2019
Antitrust Implications With Tariff-Related Price Adjustments: Managing Risks Under Increased Regulatory Scrutiny, Strafford Webinar (July 2025)
Monthly In-House Counsel Update, ABA Antitrust Law Section (Aug. 2024)
Drug Wars: Pharma Ecosystem Feels Agency Heat, ABA 2024 Antitrust Spring Meeting (April 10, 2024)
Insights From the Inside: Tips from In-House Counsel, HBA-DC (Apr. 2024)
Antitrust Hot Topics & Current Developments, HNBA Corporate Counsel Conference (Mar. 2024).
FTC's Foray into Orange Book Listings: Challenges or Challenging?, Antitrust Law Section (Nov. 28, 2023)
The Federal Trade Commission's Expanding Antitrust Enforcement Policies and Related Legal Challenges, The Federal Bar Association (Nov. 1, 2023)
Protecting Competitive Interests in a World Without Non-Competes, HNBA Corporate Counsel Conference (Mar. 2023)
Overview of FTC Enforcement Activity, American Health Law Association (Aug. 2022)
Navigating Antitrust Risks When Responding To Tariffs, Law360 Expert Analysis (July 1, 2025)
5 Steps Cos. Can Take Amid Surge In 'Right To Repair' Actions, White & Case LLP (Feb. 16, 2023)
DOJ Criminal Antitrust Enforcement Outlook For Rest Of 2022, Law360 (Aug. 10, 2022)
Lamictal Highlights Increased Class Action Scrutiny in Pharma Cases, White & Case LLP (May 19, 2020)