Not Subject to Per Se Analysis – Sixth Circuit on Plausibly Procompetitive Activity in Connection with a Joint Venture
Of CounselSan Francisco
He has extensive experience advising on distribution law and distribution system issues (including competitor collaborations, pricing issues, non-price restraints and dealer termination issues). He routinely addresses and counsels on the antitrust / intellectual property interface.
Howard 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 defendant in the DRAM antitrust price-fixing litigation and 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 (price discrimination) 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.
Howard has worked on antitrust cases in the life insurance industry and for Microsoft Corp. in connection with intellectual property issues. He recently finished cases 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.
Howard 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.
Howard frequently writes on antitrust issues and often is quoted or interviewed in national media. He also has conducted a number of antitrust law webinars.
Current and recent cases include:
ACLU v. Food and Drug Administration
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)
California Dental Association v. Delta Dental of California (representing defendant in dispute over ability to modify contracts and pricing)
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)