Howard M. Ullman

Of Counsel
Antitrust & Competition

Howard Ullman, of counsel in the San Francisco office, is a member of the Litigation Group.  He focuses his practice on antitrust, trade regulation and unfair competition issues.  He has extensive experience advising on distribution law and distribution system issues (including pricing issues, non-price restraints and dealer termination issues).  He routinely addresses and counsels on the antitrust / intellectual property interface.

Mr. Ullman represents Nanya Technology Corporation and Nanya Technology Corporation USA in the national DRAM antitrust price-fixing cases.  Other price-fixing experience includes representation of a large purchaser in connection with the SRAM antitrust price-fixing litigation, and representation of companies in alleged school milk and paint pigment cartels.

He has also worked on antitrust cases for PG&E Corporation, Equifax, One Technologies, and a number of other companies.  He regularly counsels companies on competition issues, including Robinson-Patman Act issues and market concentration issues.  He has worked on a number of Cal. Bus. and Prof. Code Section 17200 (unfair competition) litigations.  He has also worked on a number of antitrust-healthcare related matters, including mergers and acquisitions.

Mr. Ullman currently is working on antitrust cases in the life insurance industry and for Microsoft Corp. in connection with intellectual property issues.  He recently finished cases for for a supplier of industrial equipment (commercial scales) and involving below-cost pricing in the retail gasoline industry.  He also recently worked on a Section 2 case for a pool products manufacturer that resolved favorably.

Mr. Ullman also has substantial experience in the defense of Proposition 65 cases alleging consumer exposures to cadmium, lead, mercury and benzo(a)pyrene.  He also has briefed and argued numerous appeals in state courts and in the Ninth Circuit. 

In 2004, he briefed and successfully argued a case of first impression in the Washington Supreme Court concerning the enforceability of arbitration provisions. 

He formerly served as an adjunct instructor of law at the University of Cincinnati.

Mr. Ullman frequently writes on antitrust issues and often is quoted or interviewed in national media.  He also has conducted a number of antitrust law webinars.

Howard Ullman
Current and recent cases include:

ACLU v. Food and Drug Administration
(Freedom of Information Act litigation)

Andy's BP, et al. v. Costco, et al
. (representing defendants Kroger and Quik Stop in state law alleged below-cost pricing case)

AquaStar Pool Products v. Hayward Industries, Inc. (representing defendant in alleged monopolization and attempted monopolization case) 

Chinmax Medical Systems, Inc. v. Alere San Diego, Inc. (representing defendant in distributorship dispute)

In re DRAM Antitrust Litigation (representing defendants Nanya Technology Corp. and Nanya Technology Corp. USA in alleged price-fixing case)

In re SRAM Antitrust Litigation (representing a large class member in alleged price-fixing case)

MiniFrame Ltd. v. Microsoft Corp. (representing defendant in alleged monopolization and attempted monopolization case)

Speeches
Select Publications
Languages
  • English
  • Russian
Admitted In
  • California
  • Ohio
Court Admissions
United States Courts of Appeals
  • Second Circuit
  • Sixth Circuit
  • Ninth Circuit
  • District of Columbia Circuit
United States District Court
  • Central District of California
  • Northern District of California
  • Southern District of California

Education
  • J.D., magna cum laude, Harvard Law School, 1992
  • B.A., University of Chicago
Honors
  • Editor, Harvard Law Review
Clerkships
  • Hon. David A. Nelson of the United States Court of Appeals for the Sixth Circuit
Memberships
  • Secretary, University of Chicago Economics Society (San Francisco Chapter)
  • Antitrust columnist, Association of Business Trial Lawyers Report
  • American Bar Association, Antitrust Law Section; 2006-2007 Vice Chair, Business Torts and Civil RICO Committee; 2004-2006 Vice Chair, Health Care Industry Committee
  • State Bar of California, Antitrust and Unfair Competition Law Section; 2005-2009, Executive Committee member
  • Bar Association of San Francisco
  • Marin County Bar Association

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