Eamon O’Kelly is an experienced litigator and advisor who focuses his practice on antitrust and trade regulation issues. A leader in the antitrust field, Eamon has represented Fortune 100 companies and European and Asian multinationals.
Prior to joining Robins Kaplan LLP, Eamon led the antitrust group of a 1,500-lawyer international law firm, where he defended publically traded companies in significant “bet the company” litigation across a range of legal matters, including the Sherman Act, Federal Trade Commission Act, the Foreign Corrupt Practices Act (FCPA), the Racketeer Influenced and Corrupt Organizations Act (RICO) and others. He also represents multinational clients in international arbitrations.
In addition to his litigation work, Eamon advises clients on regulatory issues, including mergers and acquisitions, anti-bribery laws, and pricing and distribution.
Eamon’s achievements have been recognized by numerous organizations, and he has consistently been selected for inclusion in Best Lawyers, Chambers USA, and Super Lawyers.
Antitrust and Trade Regulation
Oxbow Carbon & Minerals LLC v. Union Pacific Railroad Company et al.: Representing a coal mining company in a lawsuit claiming that railroad companies conspired to fix rail freight surcharges and to monopolize rail freight markets.
In re Disposable Contact Lens Antitrust Litigation: Co-Lead counsel for a certified class of consumers who claim that contact lens manufacturers and eyecare doctors conspired to unlawfully inflate prices of disposable contact lenses.
County of Monmouth, N.J. v. Florida Cancer Specialists, P.L., et al.: Lead counsel for a proposed class of persons and entities that paid for oncology services in Southwest Florida. Plaintiffs claim that defendants and alleged co-conspirators conspired to restrain competition and raise prices for oncology services.
Washington County Healthcare Authority, Inc, et al. v. Baxter International, Inc. et al.: Co-lead counsel for plaintiffs in a Sherman Act class action. We represent hospitals and other health care providers who claim that suppliers of intravenous saline solution colluded to restrain output and fix prices.
In re Insurance Brokerage Antitrust Litigation: Lead counsel for Munich Reinsurance Company America, Inc. in a multidistrict class action involving claims of an industry-wide conspiracy to rig commercial insurance markets. After almost ten years of litigation, secured a settlement on behalf of the client. (Prior to joining Robins Kaplan LLP)
Feesers, Inc. v. Michael Foods, Inc. and Sodexo, Inc.: Trial counsel for plaintiff Feesers in a Robinson-Patman Act price discrimination lawsuit in the food distribution industry. Trial court entered a verdict for Feesers following a two-week bench trial but the Third Circuit later reversed the trial court’s judgment. (Prior to joining Robins Kaplan LLP)
Sheridan Healthcorp, Inc. v. AvMed, Inc.: Lead antitrust counsel for the nation’s largest provider of anesthesiology services in a lawsuit involving restraint of trade and monopolization claims. Following a court-ordered mediation, client secured a settlement. (Prior to joining Robins Kaplan LLP)
Spindler v. Johnson & Johnson Corp.: Defended Omnicare against Sherman Act and California state law claims brought on behalf of a class of nursing home residents who alleged collusion as to pricing of pharmaceutical products. Obtained dismissal of all claims with prejudice. (Prior to joining Robins Kaplan LLP)
In re Potash Antitrust Litigation (II): Defended Russian mining company Uralkali against cartel claims in a multidistrict class action. Client secured a settlement. (Prior to joining Robins Kaplan LLP)
Obtained settlements on behalf of Royal Dutch Shell Group in private lawsuits arising out of a European Commission cartel investigation into the synthetic rubber industry. (Prior to joining Robins Kaplan LLP)
Thales, Inc. v. Panasonic Avionics Corp.: Defended a Panasonic affiliate in a Sherman Act Section 2 (predatory pricing) case involving in-flight entertainment systems. Trial court granted summary judgment to Panasonic. (Prior to joining Robins Kaplan LLP)
In re Terazosin Hydrochloride Antitrust Litigation: Defended Geneva Pharmaceuticals, Inc. (now Sandoz Inc.) in an FTC investigation and multidistrict antitrust litigation arising out of a so-called “reverse payment” settlement of a Hatch-Waxman Act patent dispute. After Eleventh Circuit ruled for defendants on appeal from a grant of partial summary judgment, we resolved the matter with a settlement. (Prior to joining Robins Kaplan LLP)
In re Brand Name Prescription Drugs Antitrust Litigation: Trial counsel for Novartis in a landmark Sherman Act jury trial. Court awarded judgment as a matter of law to defendants after a twelve-week trial; judgment was affirmed by the Seventh Circuit. (Prior to joining Robins Kaplan LLP)
General Commercial Litigation
Anderson v. New York Racing Association: Lead counsel for NYRA (operator of thoroughbred racetracks) in defending against professional jockey agents’ challenge to NYRA’s rule for jockey representation. Obtained dismissal of all claims with prejudice; trial court’s judgment was affirmed by intermediate-level appellate court and New York States’ highest court, the Court of Appeals. Also obtained dismissal with prejudice of companion case in federal court. (Prior to joining Robins Kaplan LLP)
Domestic and International Arbitration
Represented an Armenian telecommunications company in International Chamber of Commerce (ICC) arbitrations of disputes with Republic of Armenia arising out of construction of telephony infrastructure. (Prior to joining Robins Kaplan LLP)
Represented Romanian and Greek telecommunications companies in an ICC arbitration of a dispute arising out of construction of cellular telephone facilities. (Prior to joining Robins Kaplan LLP)
Represented a Cyprus-based satellite services provider in a London Court of International Arbitration (LCIA) arbitration against Boeing arising out of construction and launch of a telecommunications satellite. (Prior to joining Robins Kaplan LLP)
Represented Deloitte Consulting in an American Arbitration Association (AAA) arbitration arising out of a complex computer project. (Prior to joining Robins Kaplan LLP)
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