John Chung is a member of White & Case's leading Global Antitrust Practice, which Law360 named Competition Group of the Year an unprecedented seven times. Drawing on over 20 years of experience, John focuses on complex antitrust trials and appellate litigation. John also regularly represents clients in international arbitrations, commercial litigation, and white collar investigations, in particular, Foreign Corrupt Practices Act matters.
John collaborates closely with his clients to gain a deep understanding of their businesses and to develop innovative and winning strategies. On behalf of his clients, John has achieved a number of significant victories, including in jury trials (the TFT-LCD Antitrust Litigation on behalf of Toshiba), appeals (the Seventh Circuit's landmark decision in the Humira Antitrust Litigation on behalf of Samsung Bioepis), and dismissals on the pleadings (the Mississippi Supreme Court's landmark decision in the wire harness auto parts case on behalf of Furukawa). In addition, John was lead counsel in the successful defense of a Kenyan company in a Foreign Corrupt Practices Act investigation conducted by a major international conglomerate, where John's defense led to the full resumption of the business relationship between the parties, as well as another Kenyan client in negotiations with the U.S. Department of Justice regarding a bribery investigation.
John has been recognized consistently as one of The Best Lawyers in America in Antitrust Law from 2016 to the present.
John has extensive experience in class actions, particularly in pharmaceutical reverse payment and product hopping cases, commercial litigation, arbitration, and bankruptcy matters. John regularly handles investigations by government agencies, federal prosecutors, and state attorneys general. John's work often involves parallel or related proceedings around the world, including in Korea, Japan, Taiwan, Singapore, the European Union, Germany, Poland, and Kenya. His clients span a broad range of industries, including pharmaceutical, financial services, computer software, high technology components, and satellite systems.
Prior to joining White & Case, John was a Trial Attorney in the United States Department of Justice, Antitrust Division, where he worked on merger, monopolization, collusion, and grand jury investigations. John was also a law clerk to the Honorable Victor Marrero in the United States District Court for the Southern District of New York, and a law clerk to the Honorable Julio M. Fuentes in the United States Court of Appeals for the Third Circuit.
Antitrust Cartels, Class Actions, and Trials
- Co-lead counsel for Samsung Bioepis in the Humira Antitrust Litigation, securing a unanimous victory in the United States Court of Appeals for the Seventh Circuit, which affirmed the dismissal of all claims. The Seventh Circuit's landmark decision, which addressed novel claims relating to the applicability of Actavis to biologics and biosimilars, rejected class plaintiffs' theory that multiple early and global entry settlements with no payments could constitute anticompetitive "pay for delay."
- Trial counsel for AbbVie (and predecessor companies Allergan and Forest Laboratories) in the Namenda Antitrust Litigation. John worked on the class certification briefing that resulted in the removal of hard switch, or product hopping, claims, as well as claims asserted by consumers, from the proposed class. In particular, John took a lead role in motions against plaintiffs' damages experts, exposing significant vulnerabilities in plaintiffs' claimed damages. John also acted as co-lead counsel for Merz Pharmaceuticals in the same set of cases.
- Lead counsel for Furukawa in the Wire Harness Cases in the Automotive Parts Antitrust Litigation. John led the team in litigation against the direct purchaser plaintiffs, opt-out plaintiffs, and state attorneys general. In particular, John secured the dismissal of all claims against Furukawa brought by the Mississippi Attorney General, which was affirmed in a ground-breaking decision by the Mississippi Supreme Court in State ex rel. Fitch v. Yazaki, et al., 294 So. 3d 1178 (Miss. 2020).
- Trial counsel for Toshiba in a six-week jury trial in 2013 brought by a national electronics retailer seeking $2.3 billion in damages. Toshiba and other manufacturers of TFT-LCD panels faced allegations that they participated in an illegal price-fixing conspiracy, and plaintiff sued under state and federal antitrust laws. The jury returned a unanimous verdict in favor of Toshiba, finding that Toshiba did not participate in the alleged conspiracy.
- Trial counsel for Toshiba in the TFT-LCD Antitrust Litigation and criminal investigation, including the six-week jury trial in 2012 against the direct purchaser plaintiffs. The jury returned a verdict that resulted in no recoverable damages to class plaintiffs who had sought nearly $2.7 billion. The defense of Toshiba in this trial won "Litigation of the Year" in the Global Competition Review Awards in 2013 and was heavily reported in the press.
- Co-lead author of the petition for writ of certiorari seeking Supreme Court review of the Department of Justice's use of grand jury subpoenas to obtain documents produced in the parallel TFT-LCD civil cases.
- Trial counsel for a multi-national pharmaceutical company in Sherman Act and Robinson-Patman Act cases brought by thousands of opt-out plaintiffs in the Eastern District of New York. Prevailed on summary judgment leading to the dismissal of plaintiffs' Robinson-Patman Act claims.
White Collar Investigations
- Lead counsel to a Kenyan company in an FCPA investigation and audit conducted by a major international conglomerate. During the audit, the counter-party suspended the supply of all products necessary for the Kenyan company to conduct its business, threatening the existence of the company. John led all aspects of both the investigation and audit, and his successful defense of the company resulted in the full resumption of business between the parties.
- Lead counsel to a Kenyan company in an investigation of allegations of bribery in Kenya with potential extraterritorial effects in the United States. John led the team in negotiations with the U.S. Department of Justice, resulting no charges being filed against the company.
- Counsel to high-ranking corporate executives of a major European automotive manufacturer in a wide-ranging FCPA investigation.
- Counsel to a Swedish bank in an investigation conducted by the Federal Reserve Bank and the FBI into certificate of deposit trading practices.
- Counsel to global financial institutions and corporations in investigations relating to mutual fund market timing, potential violations of the FCPA, and U.S. and foreign antitrust laws.
- Counsel to a global financial institution in the Enron Commercial Paper adversary litigation.
- Counsel to an ad hoc committee of noteholders in the Adelphia bankruptcy.
- Counsel for defendants in a poison pill case involving a retroactive shareholder rights plan.
- Counsel for a leading electronic components manufacturer in an AAA arbitration brought by a major national retailer.
- Counsel for a leading satellite manufacturer in an ICC arbitration relating to an allegedly defective product and interpretation of a satellite communications contract.
"Antitrust Enforcement Trends in the Information Technology Industry: United States," August 31, 2021: Webinar for the International Association of Korean Lawyers, (speaker)
"Cross-Border Internal Investigations," February 8, 2016: presentation at Anjarwalla & Khanna, Nairobi, Kenya, (speaker)
"Applying Settlement Offsets to Antitrust Judgments", April 10, 2013: ABA Antitrust Section Spring Meeting, Business Torts and Civil RICO and Trial Practice Committees, (speaker)
"Global Cartel Investigations and Recent Antitrust Law Developments: Japan, the EU, the US, and China", September 13, 2007: Special Presentation to the Japan Machinery Center for Trade and Investment, (speaker)
"The International Antitrust Enforcement Assistance Act of 1994 and the Maelstrom Surrounding the Extraterritorial Application of the Sherman Act," 69 Temple Law Review 371, 1996
Best Lawyers in America in Antitrust Law, 2016-present