• Obtained defense jury verdict as lead trial counsel in favor of Caterpillar Inc. in a lawsuit alleging the company conspired with a competitor and its own dealers to boycott the distributor of a foreign supplier seeking to enter the United States.
• Obtained dismissal of case against Energy Transfer L.P. alleging company conspired with major U.S. oil producers, refiners and industry-wide trade association to reduce the supply of crude oil and raise gasoline prices.
• Representing JSW Steel’s U.S. subsidiaries in a group boycott action against its leading competitors.
• Representing a client in a non-public government investigation in the food and beverage industry into pricing conduct.
• Lead trial counsel for Patterson Companies, Inc.* in a Part 3 administrative trial brought by the FTC and four related “follow-on” federal court cases accusing the company of conspiring with its primary rivals to fix prices and boycott ‘buying groups’. His team won dismissal of two putative class actions, favorable settlements in two separate competitor boycott cases, and resolved the FTC lawsuit following an 8-week trial, with no monetary penalty or independent monitor.
• Represented AT&T and its top executives* in obtaining dismissal of private challenge to its merger with Time Warner, Inc. that was affirmed on appeal to the Ninth Circuit.
• Defended a Fortune 50 client* in a complex DOJ investigation into conspiracy to boycott emerging technologies which the DOJ closed with no enforcement action.
• Defended a Fortune 150 company* in a DOJ investigation into an alleged ‘no poach’ cartel which resulted in the DOJ closing its investigation with no enforcement action.
• Represented leading spirits provider* in obtaining voluntary dismissal on the eve of non-public administrative trial brought by Alcohol & Tobacco Tax and Trade Bureau alleging it excluded rivals.
• Lead trial counsel for Respondent McWane, Inc.* in two-month “Part 3” trial against the Federal Trade Commission alleging price fixing and monopolization. The Commission dismissed six of its seven counts and subsequently closed multiple related investigations with no enforcement action.
• Obtained summary judgment for ExxonMobil Corporation* in district court in Washington, D.C. in a case accusing the company and its primary competitors of conspiring to fix the price of natural gas. The D.C. Circuit affirmed.
• Represented Eaton Corporation* and received a final judgment of zero-dollar damages and an order excluding the opposing damages expert as “insufficient and unreliable” in a monopolization case claiming several billion dollars in damages. In follow-on customer litigation, the court denied certification of putative classes of direct and indirect purchasers based, in part, on Mr. Ostoyich deposition of plaintiffs’ class certification expert.

*Prior to joining Clifford Chance