Eileen Cole is an antitrust litigator focusing on complex antitrust matters, including global cartel investigations and pharmaceutical antitrust cases.
In 2021, Global Competition Review – Who’s Who Legal named Eileen a "Future Leader" in Competition.
Eileen represents individual and corporate clients in criminal and civil investigations before the U.S. Department of Justice Antitrust Division and the FTC as well as other competition agencies globally. She counsels clients in all aspects of grand jury investigations, criminal trials and sentencing, parallel class action suits, and civil investigations of pricing conduct, and other potential antitrust violations.
Eileen’s work often includes coordination globally of parallel cartel investigations by competition agencies, including the European Commission and competition agencies in Australia, Brazil, Canada, Japan, Korea, Mexico, New Zealand, South Africa, and India. In addition to defending companies under investigation, including through trial, Eileen has also assisted companies in seeking amnesty and leniency in the United States and abroad.
Eileen also regularly represents pharmaceutical clients in complex civil antitrust class action litigations at the intersection of antitrust and intellectual property. These cases involve the complexities of the FDA approval process; orange book listings; petitioning; FDA guidance, labeling, and reporting; state substitution laws; pharmaceutical pricing; formularies and rebates. Eileen has successfully challenged monopolization claims alleging ‘reverse payment” and “product hopping” schemes at the motion to dismiss, class certification, and summary judgment stages. Her work has involved claims brought by competitors as well as class allegations brought by direct and indirect purchasers.
Eileen's approach is to understand early on the complex fact scenarios at the heart of each antitrust case and prepare for trial from the outset. Eileen regularly represents her clients in federal court, including in multi-district class actions. She has great experience in trying criminal and civil antitrust cases, involving claims of monopolization and price-fixing, as well as mergers. Eileen’s extensive knowledge and experience in e-discovery is crucial when counseling clients how to navigate the ever-increasing discovery demands, new and evolving technologies, and privacy challenges for both domestic and foreign clients, while ensuring that the evidence necessary to win is at their fingertips.
Eileen works with corporate clients and individuals in a variety of industries beyond pharmaceuticals, including finance, insurance, auto parts, air cargo, ocean shipping, glass, graphite electrodes, and information technology.
In addition to litigation and defense, Eileen counsels clients on corporate governance and compliance. She advises clients in developing and implementing corporate compliance plans and conducts corporate compliance investigations.
Eileen is also passionate about pro bono work. She has worked on cases involving immigration, asylum and landlord tenant disputes.
She is a member of the New York Bar Association and the Bar Association of the District of Columbia. She also is a member of the American Bar Association and active in the Intellectual Property and Antitrust Sections. Eileen is the vice chair of the Intellectual Property and Antitrust Interfact Committee.
Below are examples of the types of engagements that Eileen has handled.
Global Cartel Investigations & Litigation
U.S. Antitrust Mergers
Multibillion-dollar Bank Fraud Allegations
Medicare and Medicaid Fraud
Multimillion-dollar Commercial Arbitrations