Robert Milne

Partner, New York

Biography

Rob “is noted as a ‘brilliant’ antitrust litigator” (Chambers USA 2014), and was twice named one of Law360’s “MVP” top lawyers nationally—in 2011 for antitrust, and in 2014 for his antitrust work in life sciences. Rob was also named a finalist for Global Competition Review’s (GCR) Litigator of the Year for 2016 and named to the BTI Client Service All-Star list for 2018.

Overview

Robert Milne is a member of the White & Case Global Antitrust Practice, which was named as Competition Group of the Year by Law360 seven times.  Rob's practice focuses on complex antitrust litigation, including cartels (both civil and criminal matters), pharmaceutical antitrust, and mergers and acquisitions.

Rob is widely recognized as a preeminent antitrust litigator.  Among other things, he was named a Life Sciences MVP by Law360 in both 2020 and 2014, for his antitrust work for Life Sciences clients, was short-listed for 2015 Antitrust Litigator of the Year by Global Competition Review, was named a Competition MVP in 2010 by Law360, was named to the (GC-nominated) BTI Client Service "All-Star' list for 2018, received an IOL "Client Choice" award for 2014 in Competition/Antitrust and, earlier in his career, was named to the National Law Journal’s list of "Top 40" lawyers in the country under the age of 40.

Chambers USA notes that Rob is "recognized for his trial skills, regularly defending large corporate clients in significant civil and criminal litigation. Sources note that 'he is very solution-oriented, knows which battles to fight and is excellent in his application of antitrust principles.'" (Chambers USA 2020)  Rob was also recognized as a "great strategist" who has a "fantastic demeanor in front of a judge and really listens to the client."(Chambers USA 2016)  According to Legal 500, Rob "is noted as a 'brilliant' antitrust litigator who is ‘easy to get along with,' and ‘energetic, insightful and effective." (Legal 500)

Rob represents clients in a variety of industries, including pharmaceutical, agricultural, petrochemical, financial services, chemical, electric generating, cable, telecommunications, and leisure.  His cases often involve the complex interplay between antitrust and the intellectual property laws.

Prior to joining private practice, Rob served as a trial attorney with the Antitrust Division of the U.S. Department of Justice, where he participated in civil and criminal investigations and trials in jurisdictions around the country.

Bars and Courts
New York State Bar
US District Court for the Eastern and Southern Districts of New York
US Court of Appeals for the First Circuit
US Court of Appeals for the Second Circuit
US Court of Appeals for the Fourth Circuit
US Court of Appeals for the Eighth Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the Seventh Circuit
US Supreme Court
Education
JD
University of Buffalo
BS
University of Rochester
Chemical Engineering
Languages
English

Experience

Pharmaceutical Antitrust

Representing Pfizer, Inc. in ground-breaking litigation challenging Johnson & Johnson's efforts to deter biosimilar competition in respect of its blockbuster biologic Remicade.

Representing Pfizer, Inc. in multiple class action antitrust litigations challenging alleged "reverse payment" patent settlements and/or conduct in procuring patents in connection with the blockbuster products Lipitor, Effexor XR, Celebrex and Epi-Pen.

Representing Allergan in multiple class action antitrust litigations challenging alleged "reverse payment" patent settlements, product hopping and/or conduct in procuring patents, in connection with such leading products as Asacol, Loestrin, Namenda and Doryx.

Representing Boehringer-Ingelheim in class action antitrust litigation challenging an alleged "reverse payment" patent settlement in connection with its leading Aggrenox product.

Represented Sandoz, Inc. in the first-ever jury trial of a claimed "reverse payment" patent settlement, involving the product Hytrin, securing a jury verdict in defendants' favor.

Represented Novartis Pharmaceuticals Corporation in class action litigation challenging co-pay assistance programs, securing dismissal of all claims.

Represented Novartis Pharmaceuticals Corporation in litigation commenced by hundreds of retail drugstores claiming unlawful price discrimination, securing summary judgment dismissing all claims.

Represented Lek Pharmaceuticals, a Slovenian pharmaceutical manufacturer, in a major monopolization case.

Represented Sandoz, Inc. in litigation filed by sanofi-aventis seeking to invalidate approval by the U.S. Food and Drug Administration of the first generic equivalent to Sanofi’s blockbuster biologic drug, Lovenox, securing win for client. The court's decision allowed Sandoz to continue to sell its product, and vindicated the power of the FDA to approve generic equivalents of complex biological drug products using a flexible scientific approach.
 

Cartel

Secured dismissal of major class action claims alleging price fixing among producers of IV saline solutions for Hospira, a wholly owned subsidiary of Pfizer, Inc. that has since sold the relevant business to ICU Medical, Inc.

Represented CertainTeed Gypsum in class action litigation alleging price fixing among producers of dry wall products. Secured summary judgement for client where all other defendants required to proceed to trial.

Represented Saudi Aramco, the national oil company of the Kingdom of Saudi Arabia, in class action litigation challenging the activities of OPEC and its members under the U.S. antitrust law. Secured dismissal of all claims.

Represented OPEC (the Organization of the Petroleum Exporting Countries) in several litigations seeking to challenge OPEC’s activities under U.S. antitrust law, securing dismissal of all claims.

Represented Experian Information Solutions, Inc. in class action litigation alleging a conspiracy to fix consumer interest rates among major financial institutions, credit reporting agencies and credit scoring companies, securing dismissal of all claims.

Represented Novartis Pharmaceuticals Corporation in class action litigation accusing sixteen major international pharmaceutical companies and the largest U.S. pharmaceutical wholesalers of a group boycott in violation of the antitrust laws, securing dismissal of all claims.

Represented Experian Information Solutions, Inc. in an action brought by FICO the dominant provider of consumer credit risk scoring services, against the three major U.S. credit bureaus alleging collusion and trademark violations in the sale of credit scoring services, securing summary judgment on the antitrust claims and a jury verdict on the trademark claims. The jury also found that FICO committed fraud on the U.S. Patent and Trademark Office in procuring registration of the trademark in suit.

Represented Novartis Pharmaceuticals Corporation in class action litigation claiming a conspiracy to inflate branded prescription drug prices charged to retail pharmacies, securing directed verdict for defendants after ten-week jury trial.

Represented Syngenta Seeds, Inc. in class action litigation alleging price fixing among the major producers of genetically modified seeds and herbicide products.  After a mini-trial on the issues relevant to class certification, the court denied plaintiffs’ motion to certify the case for class action status.

Represented the Belarusian Potash Company in class action litigation claiming price fixing against U.S. and non-U.S. Potash producers, securing favorable settlement.

Routinely represents clients in non-public criminal grand jury proceedings.
 

Mergers and Corporate Transactions

Trial counsel for Anthem in government challenge to Anthem’s proposed acquisition of Cigna.

Counsel for Vertex Pharmaceuticals in substantial asset acquisition from Concert Pharmaceuticals.

Counsel for Aramco Services Company in acquisition of remaining ownership stake in Motiva Enterprises LLC, a major refiner and retail gasoline marketer in the U.S.
 

Other

Represented a major financial services firm in connection with claims arising from data breach arising from cyber-attack.

Represented one of the defendants in litigation accusing numerous corporations of responsibility/complicity in the actions of the apartheid regime in South Africa.
 

Speaking Engagements

Moderator for ABA teleseminars on Ethics Issues Arising in Antitrust Litigations, 2013, 2015.

Shanghai Bar Association, Current Issues in U.S. Antitrust Law, 2012.

Japan Machinery Center for International Trade & Investment, "Recent Antitrust Developments in the U.S., E.U., and China," September 2006, 2007, 2008

Panelist ABA National Seminar, "Limiting Antitrust Risks in Settling Intellectual Property Litigation," June 22, 2004, Panelist 

Publications

Editor, Handbook of the Law of Monopolization (June 2011) 

Co-Author, "Recent Developments on Antitrust in the United States," The Lawyers (Japanese Legal Periodical), November 2008 

Chapter Author, "Antitrust Analysis of Unilateral Conduct by Intellectual Property Owners." ABA, Chapter VI, "Intellectual Property and Antitrust Handbook", April 2007 

Co-author, "Recent Activity on the Brand-Generic Drug Patent Settlement Front," Antitrust, Volume 18, No. 2, Spring 2004 (with Michael Gallagher) 

Co-author, "Conspiratologists at the Gate: The Scope of Expert testimony on the Subject of Conspiracy in a Sherman Act Case," Antitrust, Volume 17, No. 2, Spring 2003 (with Jack E. Pace III)

Awards and Recognition

Chambers USA
 
Who's Who Legal, Competition

Euromoney

Legal 500 US

Benchmark Litigation
 
Named 2018 Client Service All-Star by BTI Consulting (after GC nomination)
 
2016 Finalist for Global Competition Review's Antitrust Litigator of the Year
 
Named Litigator of the Week by GCR, February 25, 2016 

Named to Law360’s 2020 and 2014 "MVP" lists of top life sciences lawyers in the country
 
Named to Law360’s 2011 "MVP" list of top antitrust lawyers in the country 

Named to National Law Journal's list of "Forty Under Forty" top young litigators in the country, July 29, 2002 issue