"The consummate consigliere in terms of client service," with "excellent recall, in-depth knowledge and exceptionally good judgment," (The Legal 500 2017), and "an outstanding trial lawyer [.]" (Chambers USA 2015)
Joseph Ostoyich is a senior partner of the firm, a member of its Executive Committee, and previous chair of the firm's Litigation Department in Washington, D.C. He has nearly thirty years of experience representing some of the world's leading companies in bet-the-company price fixing, monopolization and the full gamut of antitrust litigation in U.S. courts and in merger and non-merger investigations in industries ranging from high-technology to paper, chemicals, foundry, energy, transportation and agricultural commodities.
Mr. Ostoyich has tried a number of antitrust and other cases to verdict. He received a defense verdict as lead trial counsel in an eight-week bench trial against the Federal Trade Commission on charges that his client conspired to fix prices directly and through an industry association. The Commission's decision to dismiss six of its own counts marked the first time in two decades that the Commission ruled against its own claims. This case earned Mr. Ostoyich and the trial team recognition as "Legal Lions" in Law360's Weekly Verdict: Legal Lions & Lambs (February 14, 2014) and the award for Behavioral Matter of the Year- Americas by the Global Competition Review (April 14, 2015).
Additional trial verdicts include receiving a zero-dollar judgment on behalf of a client facing a multibillion-dollar monopolization suit brought by its main rival.
Mr. Ostoyich received summary judgment in a price fixing case charging his client, ExxonMobil, with participating in a decade-long conspiracy to fix natural gas prices, and the dismissal and denial of class certification in a long-running set of direct and indirect purchaser monopolization and conspiracy class actions. In all three cases, his cross examination of the opposing experts led the courts to exclude or disregard their testimony.
Mr. Ostoyich received dismissals on the pleadings in numerous other antitrust cases, including dismissal of three lawsuits challenging the AT&T-Time Warner merger under the antitrust laws, and class action and individual cases against Ashland, Patterson Companies, and Olin, among others.
Mr. Ostoyich also represents parties in merger and non-merger investigations by the Department of Justice, the Federal Trade Commission, the European Commission and government authorities around the world. He most recently closed a DOJ investigation into a client's alleged "no-poaching" conduct, a DOJ investigation into a major telecommunications company’s participation in an industry wide standard setting effort, an FTC investigation into an alleged group boycott, and a state Attorney General investigation into price fixing, all with no enforcement actions. On the merger side of his practice, he represented Ingevity Corporation in its acquisition of Georgia Pacific's pine chemicals business before the FTC and competition authorities around the world,MeadWestvaco Corporation in a worldwide clearance for its $16 billion merger with RockTenn Corporation, and significant third-parties in a number of matters, including Constellation Brands’ sale of certain wine and spirits product lines to Gallo.
He was one of only 385 lawyers nationwide, and only 10 antitrust lawyers, named a 2019 BTI Consulting Group Client Service All-Star, and is regularly recognized as a leading antitrust lawyer in Chambers USA (2014-2019) and Legal 500 (2015-2019), rated "Preeminent" by Martindale-Hubbell in antitrust, commercial litigation, and legal and ethical abilities (2013-2019). He has been named a D.C. Super Lawyer for Antitrust (2013-2019).
He is a member of the Antitrust Council of the U.S. Chamber of Commerce and regularly speaks at industry conferences and client retreats about antitrust law developments. He has written and edited several dozen articles and analyses of the antitrust laws and co-authored a chapter on the law and economics of antitrust damages in a leading treatise.