"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.
- In the Matter of Benco Dental Supply Co., et al. Lead trial counsel for Patterson Companies, Inc. in three-month ‘Part 3’ trial against the Federal Trade Commission alleging group boycott and price fixing claims.
- In the Matter of Respondent McWane, Inc. Lead trial counsel for Respondent 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 closed a related investigation with no action.
- City of Moundridge, KS v. Exxon Mobil Corporation. As lead counsel for ExxonMobil, Mr. Ostoyich received a summary judgment in a case charging the company and several competitors with conspiring to fix the price of natural gas. The district court found the testimony of plaintiffs’ expert to be entitled to “no weight” because it was “wholly unsupported and speculative” and the D.C. Circuit affirmed.
- ZF Meritor LLC and Meritor Transmission v. Eaton Corporation. Represented Eaton 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.
- Represented Patterson Companies, Inc. and received dismissal of the Kramer class action alleging group boycott in the Northern District of California and favorable settlement in the SourceOne and boycott cases in the Eastern District of New York.
- Mark S. Wallach and In re Class 8 Truck Transmission Indirect Purchaser Litigation v. Eaton. Represented Eaton and obtained denial of class certification in direct and indirect purchaser class actions after deposing named plaintiffs’ class certification expert.
- In re Ductile Iron Pipe Fittings Antitrust Litigation. Represented McWane, Inc. in price fixing and monopolization class actions brought by direct and indirect purchasers and obtained favorable settlement after aggressive merits and class defense.
- Grand Strand Water and Sewer Authority v. Oltrin Solutions LLC. Granted dismissal of defendant Olin Corporation from class action alleging violations of Sherman Act Section 1 case.
- Satnam Distributors, Inc. v. Commonwealth-Altadis et al. Granted dismissal of Sherman Act Section 1 and 2 claims against client following oral argument in E.D. Pa.
- In re Cast Iron Soil Pipe and Fittings Antitrust Litigation. Represented McWane, Inc. in direct and indirect purchaser price fixing class actions and obtained favorable settlement after aggressive merits and class defense.
- In re Methyl Methacrylate Antitrust Litigation. Represented Imperial Chemical Industries plc (now AkzoNobel) in a series of price fixing class actions brought by direct and indirect purchasers. Mr. Ostoyich led an aggressive defense of the class allegations through fact and expert discovery, which resulted in a nuisance value settlement with the direct purchasers and a voluntary dismissal by the indirect purchasers.
- In Foundry Resins Antitrust Litigation. Mr. Ostoyich led an aggressive defense of the class issues on behalf of Ashland in a series of price fixing cases which caused the plaintiffs to withdraw key claims and enter into a nuisance value settlement.
- Advanced Micro Devices, Inc. v. Intel Corporation. Represented Intel in monopolization cases filed by its rival, AMD, in U.S. federal court and in Japan, and in competition investigations in Europe, South Korea and before the U.S. Federal Trade Commission.
- In re Publication Papers Antitrust Litigation. Represented MeadWestvaco Corporation in defense of numerous price-fixing class actions brought by direct and indirect purchasers of coated paper. An aggressive challenge to the plaintiffs’ allegations that MeadWestvaco was involved caused plaintiffs to voluntarily dismiss their cases.
Awards & Community
Listed in Chambers USA, Antitrust, 2014-2019
Recommended in The Legal 500 U.S., 2015-2019
Named a BTI Consulting Group "Client Service All-Star," 2019
Recognized as a Washington D.C. Super Lawyer for Antitrust, 2013-2019
Selected by ALM Media and Martindale-Hubbell as a "Top Rated Litigator", 2019
Rated AV Preeminent by Martindale-Hubbell for Antitrust and Trade Regulation and Commercial Litigation (2013-2019), Judicial Edition (2017-2019), and Legal Ability & Ethical Standards (2017-2020)
Antitrust Division Obtains Indictment of Alleged Bid Rigger Shortly After Announcing Formation of Strike Force Focusing On Government Procurement ConspiraciesFirm Thought Leadership
Baker Botts Antitrust Update
Antitrust Enforcement Agencies Target Large Shareholders' Roles In Investigations of Public Company Merger and Acquisition TransactionsFirm Thought Leadership
DOJ Forms New Criminal Antitrust “Strike Force” Focused on Investigating Price Fixing and Bid Rigging For Government ContractsFirm Thought Leadership
Baker Botts Antitrust Update
Please join Baker Botts Antitrust Partners Joe Ostoyich and Tom Fina, and Labor and Employment Partner Jennifer Trulock, as they discuss this important new development that potentially affects all companies with employees.
Baker Botts will host a comprehensive CLE program in our Washington office on October 24, 2017.
Baker Botts is proud to co-sponsor the 11th Annual Global Antitrust Enforcement Symposium on September 12, 2017.