Michelle K.Fischer

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Cleveland + 1.216.586.7096

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For more than 30 years, Michelle Fischer has tried, litigated, and counseled on a broad spectrum of antitrust issues involving industries including auto parts, gasoline, distribution, food products, pharmaceuticals, chemicals, and tobacco. She has extensive experience in class and individual litigation, governmental investigations, price-fixing, price discrimination, monopolization, IP, distribution, tying, and exclusive dealing matters and co-coordinates the Firm's practice of applying antitrust law to IP issues. Per Chambers USA, Michelle has "a very strong reputation . . . for her work defending clients" in antitrust cases, with clients describing her as "fantastic," "very smart" — a "key litigator" who is "incredibly responsive and knowledgeable," "practical in finding solutions," and "gives very practical advice."

Michelle's experience includes litigating in federal courts, including as trial counsel for: Canada (prevailing in single issue bench trial); sanofi-aventis (defeating class claim that sanofi-aventis monopolized by filing a sham citizen’s petition); RJR (defeating retail price discrimination claim); Schwarz Pharma (prosecuting antitrust counterclaims in infringement lawsuit); and MTF (defending infringement claims). Other exemplary experience includes obtaining summary judgment for Canada on Walker-Process claim, Marathon (and excluding Kentucky's expert) in Sherman Act Section 1-2 case, Cardinal Health on bundling claims (affirmed), and RJR on wholesale price discrimination claims (affirmed); defeating class certification for Alderwoods in price-fixing case; defending Yazaki against criminal and civil price-fixing claims; and resolving state Attorney General information exchange claims.

Michelle twice chaired the OSBA's Antitrust Section Council and has written and/or presented on various antitrust issues, including price discrimination, class actions, antitrust/IP, and criminal antitrust matters.

Expérience

  • Ag Canada prevails in bifurcated bench trial on identity of so-called "Glory" trees and cherriesJones Day represents Her Majesty the Queen in Right of Canada as represented by the Minister of Agriculture and Agri-Food ("Ag Canada"), in an intellectual property suit against Monson Fruit Company, Inc., Van Well Nursery, Inc., and Gordon and Sally Goodwin.
  • Cardinal Health wins Seventh Circuit affirmance of dismissal of antitrust conspiracy claimsIn an antitrust conspiracy case, the Seventh Circuit affirmed across-the-board the dismissal with prejudice of a second amended complaint (“SAC”) filed against Jones Day client Cardinal Health, Inc. (“Cardinal”).
  • Wells Fargo obtains dismissal of antitrust claims arising from trading of odd-lots of corporate bondsJones Day’s client, several Wells Fargo Bank, National Association affiliates, obtained dismissal of a putative antitrust class action alleging that more than a dozen horizontal competitors conspired to restrain the trade of odd-lots of corporate bonds in the secondary market.
  • Adient defends putative antitrust action alleging an unlawful boycott in the automotive seat cover industryJones Day is representing Adient plc in a putative antitrust action in which a Tier 2 supplier alleges that Tier 1 suppliers entered into an unlawful agreement with an OEM to refuse to purchase seat covers from the Tier 2 supplier.
  • National Beef Packing Company defends against antitrust suitJones Day represented National Beef Packing Company, LLC in obtaining dismissal of putative antitrust class action litigation brought against four U.S. meatpackers by feedlot operators and beef consumers who allege that the meatpackers illegally conspired to reduce the price paid to feedlot operators for their cattle while simultaneously increasing the price of beef.
  • Yazaki successfully resolves automaker lawsuit alleging price-fixing and bid riggingJones Day represented Yazaki Corporation and Yazaki North America, Inc. in successfully resolving a civil antitrust lawsuit brought by an automaker following Jones Day's filing of motions for summary judgment and to exclude the plaintiff's sole expert witness.
  • Marathon secures Daubert and summary judgment wins dismissing Kentucky AG's antitrust claimsJones Day secured dismissals on behalf of Marathon Petroleum Corporation ("Marathon Corp."), Marathon Petroleum Company, LP ("MPC LP"), and Speedway LLC ("Speedway," and collectively, "Marathon") in an antitrust suit brought by the Commonwealth of Kentucky seeking more than $173.6 million in damages related to the sale of reformulated gasoline ("RFG") in Louisville and Northern Kentucky (collectively, "NKY").
  • Medical equipment company responds to U.S. federal RFI, develops global strategy for responding to requests for specialized medical equipment in response to COVID-19 pandemicJones Day advised a medical equipment company in their response to a U.S. federal RFI for specialized medical equipment in response to the COVID-19 pandemic, in development of a global strategy regarding response to multiple state and country requests for specialized medical equipment, and in related antitrust and regulatory issues.
  • Sanofi defends proposed class action alleging improper Orange Book listings and sham patent litigationJones Day is defending Sanofi-Aventis U.S. LLC against a proposed class action alleging that Sanofi improperly listed certain patents in the FDA's Orange Book and engaged in sham patent litigation to forestall competition for its diabetes drug, Lantus.
  • CAE enforces antitrust claims and defends trade secret and copyright claims against Gulfstream Aerospace Corp.Jones Day successfully represented CAE Inc., a global leader in the development and manufacture of aviation flight simulators and pilot training programs, in enforcing antitrust claims and defending trade secret and copyright claims against Gulfstream Aerospace Corp. involving the Gulfstream G650 business jet.
  • Cardinal Health successfully defends bundled pricingJones Day represented Cardinal Health, Inc. in antitrust litigation commenced by competitor Suture Express in Kansas federal court in December 2012.
  • Cuban refugee facing years of government persecution granted asylum and has appeal waivedJones Day successfully assisted client D., a Cuban refugee who endured years of government persecution, in being granted asylum.
  • Yazaki defends against automotive wire harness antitrust class actionsJones Day represents Yazaki North America and Yazaki Corporation in connection with numerous antitrust class action complaints alleging that Yazaki and other auto parts manufacturers violated the Sherman Act by engaging in bid-rigging and price-fixing in sales of automotive wire harnesses and related products.
  • Procter & Gamble settles patent infringement and antitrust claims related to teeth whitening stripsJones Day represented Procter & Gamble in patent infringement litigation against CAO Group for infringement of certain patents relating to teeth whitening strips.
  • Yazaki defends against antitrust investigationsJones Day represented Yazaki Corporation and its U.S. subsidiary, Yazaki North America, Inc. ("YNA"), in connection with a criminal antitrust investigation by the U.S. Department of Justice into alleged bid rigging and price fixing related to automotive wire harnesses and certain so-called "related products," carried out at the same time as similar investigations by foreign antitrust enforcers in Japan, Europe and Canada.
  • Zimmer wins judgment on pleadings dismissing untimely unfair competition claimsOn January 20, 2011, Judge Stanton Wettick of the Commerce and Complex Litigation Center of the Allegheny County Court of Common Pleas granted a motion for judgment on the pleadings dismissing the final claims pending against Jones Day clients Zimmer and Zimmer-Randall Associates ("Zimmer"), along with all other defendants, in litigation asserting improper and unfair competition.
  • Zimmer wins dismissal of federal antitrust and RICO litigation in Third CircuitOn June 1, 2010, the U.S. Court of Appeals for the Third Circuit, in a 3-0 decision, affirmed a dismissal with prejudice of federal antitrust and Racketeer Influenced and Corrupt Organizations Act (RICO) claims brought against Jones Day client Zimmer, Inc., denied plaintiffs leave to amend on remand, and directed entry of judgment in favor of the defendants with costs.
  • Lenovo defends infringement claims by CIF Licensing over patent for MPEG data compression technologyJones Day represented Asia computer manufacturer Lenovo Group, LTD and Lenovo, Inc. in a patent infringement action brought by CIF Licensing, L.L.C. involving MPEG data compression technology.
  • Boehringer Ingelheim Pharmaceuticals obtains dismissal of antitrust claims alleging sham litigation, brought by direct and indirect purchasersOn behalf of Boehringer Ingelheim Pharmaceuticals, Inc., Jones Day obtained dismissal of direct and indirect purchaser class actions in cases alleging that Boehringer brought sham litigation to maintain an unlawful monopoly.
  • Boehringer Ingelheim defends antitrust litigation involving Mirapex® patentsJones Day represented Boehringer Ingelheim GmbH as antitrust defense counsel in litigation brought by the generic drug manufacturer Mylan claiming that Boehringer Ingelheim wrongfully enforced patents against Mylan for its drug Mirapex® to exclude generic competition from the market in violation of Sections 1 and 2 of the Sherman Act.
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    January 2023 White Paper

    FAQs for Recent FTC Actions Against Employer/Employee Non-Compete Clauses

    October 2020 Alert

    ACCC Brings Resale Price Maintenance Enforcement Action

    August 2020 White Paper

    Avoiding Price-Gouging Pitfalls While Navigating Price Increases in the Era of COVID-19

    April 2020 External Publications

    USA: Does a federal price gouging law even make sense— and, if so, what should it look like?, Concurrences N° 4-2020

    June 2018 Commentary

    The Cost of Doing Business: Supreme Court Vacates Chinese Defendants' Antitrust Win

    January 2017 Alert

    Antitrust Alert: U.S. DOJ and FTC Publish Updated Antitrust Guidelines for International Enforcement with Goal to Maintain Agency Flexibility

    November 2016 Commentary

    Agencies' Proposed International Antitrust Guidelines Hint at Aggressive Enforcement

    August 2016 Alert

    Antitrust Alert: U.S. Appeals Court Says Refusal to Sell Larger Package Sizes to All Customers Not Illegal Discrimination Under Robinson-Patman Act

    March 2016 Alert

    Antitrust Counterplaintiff May Recover Attorneys' Fees for Defending Infringement of Fraudulently Obtained Patent

    February 2016 Alert

    Antitrust Alert: U.S. DOJ Increasing Enforcement Efforts Against Corporate Executives and Employees
    Voir toutes les publications

    • October 20, 2016
      "A Winning Hand or a Flop?" After 50 Years, Are Class Actions Still Legit?, panelist, ABA 20th Annual National Institute on Class Actions
    • October 2016
      A Winning Hand or a Flop? After 50 Years, Are Class Actions Still Legit?, ABA's 20th Annual National Institute on Class Actions
    • December 1, 2015
      Antitrust Counseling: From the Easy Ones to the Head-Scratchers, Jones Day CLE Academy
    • December 2, 2014
      Antitrust Counseling: Answers to Difficult Problems, Jones Day CLE Academy
    • December 4, 2013
      Ten Tips to Make Antitrust Compliance Simple & Effective, Jones Day CLE Academy
    • April 23, 2013
      Antitrust Compliance: 10 Tips to Make Your Program Simple and Effective
    • March 6, 2013
      Competitor Collaborations and Competitive Restraints, panelist, sponsored by Strafford
    • June 7, 2012
      Jones Day Chicago 2012 MCLE University
    • March 15, 2012
      You Just Discovered Your Company Might Be Involved in a Criminal Antitrust Conspiracy and Maybe More; Now What?, Northeast Ohio Association of Corporate Counsel
    • January 21, 2010
      Price Floors, Ceilings and Differences: Counseling Clients in a Climate of Change, Northeast Ohio Association of Corporate Counsel (NEOACC)
    • December 9, 2009
      Key Issues at the Intersection of Antitrust and International Property Law, Jones Day CLE Institute
    • November 6, 2009
      Class Wars: Has the Standard for Class Certification Changed?, moderator, First Annual Great Lakes Antitrust Institute, sponsored in part by the Ohio State Bar Association
    • June 5, 2008
      Proving Relevant Product and Geographic Markets, ALI-ABA: Trying and Winning a Civil Antitrust Case

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