Joseph H. Tipograph is a published expert on antitrust law with substantial experience providing legal solutions to businesses of all sizes in the dynamic landscape of modern commerce. He has developed a strong track record of success and a positive reputation in the field by accumulating a deep understanding of how industries function and constructing compelling narratives about the competitive nature of challenged conduct. He has represented some of the largest social media companies, Internet service providers, computer device manufacturers, software providers and other high-tech companies. He has provided legal analysis of mergers requiring highly technical understanding of complex processes.
In particular, Tipograph:
- has successfully litigated on behalf of antitrust plaintiffs and defendants in cases exploring the intersection of antitrust and intellectual property law, namely the boundaries of the lawful exclusive rights conveyed to patent and trademark holder;
- is knowledgeable about the antitrust implications of intellectual property licensing arrangements under the Sherman Act §§1-2 and the patent misuse doctrine;
- has counseled companies and trade organizations on standard setting process and research and development collaborations among competitors
- possesses significant expertise in antitrust matters addressing competition between in-store and online sales and advertising channels;
- has provided counsel in connection with several Federal Trade Commission antitrust reviews of mergers where such issues emerged, including Men’s Wearhouse’s acquisition of Joseph A. Bank and Office Depot’s merger with OfficeMax;
- has provided legal counsel to vendors and retailers of all sizes in matters related to resale price maintenance, minimum advertised pricing policies and other vendor policies that are designed to level the playing field among online retailers, big box stores and mom n’ pop shops
- is an expert on international antitrust issues;
- has represented domestic antitrust plaintiffs against foreign commodity exporters in international price-fixing cases, which raise issues under a variety of international antitrust doctrines including act-of-state, foreign sovereign compulsion and international comity;
- has also published articles tracking developments at various merger control regimes in the Asia-Pacific region, including China;
- has advised pharmaceutical manufacturers and trade associations, health insurers, over-the-counter drug manufacturers, supermarkets, consumer packaged goods companies, industrial goods manufacturers, national retail chains, automobile parts manufacturers, distributors, advertisers and other companies of varying sizes;
- has provided legal counsel on an array of antitrust issues including those arising under the Sherman, Clayton, Robinson Patman, Hart Scott Rodino, Foreign Trade Antitrust Improvement and Federal Trade Commission Acts;
- has represented clients in mergers, government investigations, and litigation matters and provided legal counsel on Federal Trade Commission and Department of Justice antitrust merger reviews in several industries such as beer, airlines, funeral homes, real estate, rental cars, food distribution and medical devices;
- collaborated with a team in preparing a winning memorandum in opposition to a motion to dismiss on summary judgment, which at the time was the first in over three years to successfully preserve a plaintiff’s federal monopolization claims for trial. As a result of this victory, the client was able to negotiate a settlement in which it received over $125 million.