Eric specializes in US antitrust litigation, representing clients in complex, high-stakes litigation in federal district and appellate courts throughout the United States. As co-chair of our Global Antitrust Litigation Group and a member of our global Board, he brings a powerful combination of strategic judgment, pragmatism, and commercial understanding to his work, along with the resolve to defend our clients’ interests at trial where necessary.
Drawing on over 30 years of litigation experience, Eric has successfully defended clients in civil and criminal investigations, federal and state enforcement actions, and regulatory proceedings in the US and Europe. He has prevailed in litigation on behalf of our clients across the entire range of antitrust issues, from Section 2 monopolization challenges to Section 1 cartel cases to Section 7 merger challenges.
In addition to his litigation work, Eric has guided clients through antitrust investigations and second phase merger proceedings on both sides of the Atlantic, particularly where there is a significant potential for the relevant agency to challenge the transaction at issue. He is known for crafting innovative strategies that play well with decision-makers and get complex deals over the line.
Eric’s ability to help clients achieve their objectives in the face of powerful opposition is evidenced by his history of precedent-setting work. He is one of a small number of antitrust litigators in the country to have taken antitrust cases to trial, and one of even fewer to have won those cases at trial both for defendants in private practice and as a prosecutor for the US Department of Justice.
Eric has been recognized as one of the country’s leading antitrust lawyers by virtually all of the nation’s legal directories, including Chambers, The Legal 500, Best Lawyers in America, Who’s Who Legal, and Lexology, among others. His cases are regularly reported in the Wall Street Journal, Financial Times, New York Times, Washington Post, Pittsburgh Post-Gazette, and a range of industry and legal publications.
Prior to joining Freshfields, Eric served as the Director of Litigation for the DOJ's Antitrust Division from 2015 through 2017. In that role, he oversaw the Division's antitrust enforcement actions, with a focus on civil litigation and trials. The Division filed more than 10 contested cases during his tenure and prepared for litigation in many more. Of the cases filed, the Division tried three to final judgment and won them all (US v. Aetna/Humana, US v. Anthem/Cigna and US v. EnergySolutions/WCS). Eric draws on this experience to give clients a unique insider perspective into agency decision-making and litigation strategy.
In 2017, Eric was honored with the Attorney General’s Distinguished Service Award for the Aetna/Humana trial victory, and in 2016 received the Assistant Attorney General’s Award of Distinction for serving as lead counsel in US v. United Continental/Delta (the Newark Slots matter).
Before his appointment as Director of Litigation, Eric spent 12 years as a partner in WilmerHale’s Washington, DC office, and four years in that firm’s Brussels office, where he practiced before the European Commission and various national competition authorities. He began his career as a trial attorney in the DOJ, Civil Division, Federal Programs Branch, after clerking for the Honorable Raymond J. Broderick of the US District Court for the Eastern District of Pennsylvania.
- Lead counsel representing Google in The State of Texas, et al. v. Google, LLC (ED Texas), United States v. Google LLC (EDVA), and in the MDL In re Google Advertising Antitrust Litigation (SDNY), in its defense of litigation brought by the US DOJ, Texas AG, and 33 other state AGs, as well as various class action plaintiffs, alleging violations of Sections 1 and 2 of the Sherman Act in connection with Google’s ad tech business.
- Lead counsel defeating the FTC at trial in that agency’s challenge to Evonik’s proposed acquisition of PeroxyChem, a competing hydrogen peroxide producer. This victory ended the FTC’s seven-trial win streak in litigated merger challenges and marked only the second time the FTC has been defeated at trial since 2011 (DDC).
- Lead counsel for Norwegian farm-raised salmon producer in multidistrict US class action litigation alleging price-fixing of farm-raised Atlantic salmon sold into the United States (SD Fla, D Me).
- Assisted Change Healthcare and its lead counsel with trial preparation in Change Healthcare's successful defense of the US DOJ's challenge to its acquisition by UnitedHealthcare in United States v. UnitedHealthcare Group Inc. (DDC).
- Successfully defended leading multinational chemicals company in a putative class action lawsuit alleging that competing diisocyanate producers reduced output through coordinated, pretextual facility shutdowns and increased prices through coordinated price increase announcements (WD Pa).
- Lead counsel for Lufthansa, Lufthansa Cargo, and Swiss International Air Lines in the In re Air Cargo Shipping Services Antitrust Litigation, which included more than 90 class actions alleging worldwide conspiracy to fix fuel and security surcharges on air cargo flights (EDNY).
- Represented innovator pharmaceutical company Cephalon against FTC and private plaintiff “reverse payment” actions under FTC Act § 5 and Sherman Act seeking over $5 billion in disgorgement and damages (DDC, ED Pa).
- Successfully defended Intel against FTC enforcement action under Section 5 of the FTC Act (FTC Part III administrative adjudication).
- Successfully represented Braintree Laboratories at trial in patent infringement action, where competitor asserted antitrust counterclaims for unfair competition and violation of the Sherman Act § 2 under Professional Real Estate Investors “sham” litigation exception to Noerr–Pennington immunity (D Del).
- Successfully represented a broad range of other US and international clients in merger investigations, criminal grand jury investigations, and complex civil litigation and arbitration in the United States, Europe and around the world, including International Paper, Dean Foods, Andritz AG, Grieg Seafood, Outokumpu Oy, Washington Gas, Salt River Project, Schaeffler AG and Distrigas NV.
