Michael Gallagher

Antitrust litigation

Representing a biosimilar manufacturer in the first ever monopoly maintenance antitrust challenge to a reference biologic manufacturer's exclusionary practices.

Represented brand name pharmaceutical manufacturer in class action litigation alleging Walker Process and reverse-payment antitrust claims in connection with oral contraceptive product, securing denial of consumer class certification and dismissal of most state law claims.

Represented brand name pharmaceutical manufacturer in class action litigation alleging product hopping antitrust claims in connection with ulcerative colitis medication, securing reversal on appeal of indirect purchaser class certification. 

Secured summary judgment dismissal of competitor's product hopping claims against brand name manufacturer of prescription antibiotic used to treat acne.

Represented national health insurer in Department of Justice challenge to $49 billion merger, resulting in fastest completed merger appeal in history at D.C Circuit. 

Represented brand name drug manufacturer in preliminary injunction action brought by the Attorney General of the State of New York alleging product hopping in connection with medicine used to treat dementia associated with Alzheimer's.

Secured dismissal of Robinson-Patman Act and RICO claims brought by a putative indirect purchaser class of end payers concerning a brand name pharmaceutical manufacturer's assistance program for reducing commercially insured patients' co-pay obligations when filling a prescription.

Secured summary judgment dismissal of Robinson-Patman Act claims brought by thousands of retail pharmacies challenging industry-wide pricing practices used by brand name pharmaceutical manufacturers in dealing with managed care payers.

Represented a national oil company and secured dismissal of all complaints in In re Refined Petroleum Products Antitrust Litigation, a series of nationwide class actions challenging the activities of OPEC and its members under the US antitrust laws.

Prosecuted restraint of trade and monopolization claims on behalf of a generic pharmaceutical manufacturer arising from a competitor's efforts to lock up the supply of the active pharmaceutical ingredient for generic warfarin sodium, a blood thinner. After the firm joined the case on appeal, Michael secured reversal by the Second Circuit of the summary judgment dismissal of his client's antitrust claims.

Obtained dismissal of monopolization claims against cruise line regarding practice of charging third party vendors a fee to deliver gift packages to cruise passengers.

Represented leading infant nutrition company against competitor's monopolization claims alleging predatory pricing of infant cereal. 

Represented major seed company in a putative class action alleging a price fixing conspiracy among the leading producers of genetically modified seeds.

Commercial litigation

Obtained pleadings dismissal of putative indirect purchaser class action brought by commercial health plans alleging state law consumer protection, unfair trade practices, and misrepresentation challenges to generic pharmaceutical manufacturer's list price practices. 

Represented generic pharmaceutical manufacturer at trial and on appeal in three state Attorneys General suits alleging false claims act, common law fraud, and/or consumer protection claims based on alleged misreporting of list prices, securing wins on appeal in Kentucky and Alabama and a trial verdict dismissing false claims act claims in Mississippi that was upheld on appeal.

Represented generic pharmaceutical manufacturer in more than a dozen state Attorneys General and federal qui tam suits challenging pharmaceutical manufacturers' practices for reporting list prices.

Obtained summary judgment win for defendant generic pharmaceutical manufacturer on pivotal claims in complex business tort and wrongful termination action involving long-term license and manufacturing agreement.