Jennifer B. Patterson litigates complex commercial disputes with a focus on antitrust litigation and counseling. She has handled a wide range of litigations from inception through trial and appeals. She has defended major US and foreign corporations in private antitrust lawsuits and class actions and in related investigations and enforcement proceedings by the Department of Justice, state attorneys general, and foreign competition agencies. She has handled internal investigations concerning potential antitrust violations and other illegal activity. Jennifer has advised companies with respect to the antitrust implications of mergers and acquisitions, including conducting worldwide analyses of pre-merger notification requirements and acting as coordinating counsel for all necessary filings. She also advises on distribution and pricing programs and other aspects of competitor and customer relations. Jennifer has counseled and represented clients in such industries as rail freight transportation, auto parts, pharmaceuticals, biometric identification, poultry breeding, food additives, pesticides, publishing, aircraft parts, optical film and flat glass manufacturing.
Jennifer speaks and writes in both Europe and the US on antitrust and cross border litigation issues. She is Co-Chair of the International Chamber of Commerce Competition Commission Task Force on Due Process, Vice Chair of the United States Council for International Business Competition Committee, and is a nongovenmental adviser to the International Competition Network.
- Representation of a Japanese automobile parts manufacturer in a major Department of Justice antitrust investigation.
- In Re Rail Freight Fuel Surcharge Antitrust Litigation (U.S. District Court., D.D.C.). Co-counsel defending a Class 1 railroad in a nationwide class action antitrust lawsuit against major U.S. railroads alleging collusion to fix fuel surcharges on freight shipments.
- Freeman Industries, LLC v. Eastman Chemical Co., et al, (Law Court for Sullivan County at Kingsport, Tennessee), and related cases. Defended Hoechst GmbH and its German and U.S. affiliates in numerous class actions and State Attorney General actions alleging price-fixing of sorbates, a food preservative. Obtained dismissals or favorable settlements in all cases.
- Shull v. Novartis Pharmaceuticals Corp. (New Jersey State Court). Defended Novartis in whistle-blower action alleging financial improprieties with respect to valuation of a branded pharmaceutical product.
- Internal investigation of the Japanese affiliate of a U.S. conglomerate to uncover and evaluate potential antitrust violations.
- Internal investigation of European pharmaceutical company in connection with the UN Oil-for-Food bribery scandal.
Mergers and Acquisitions
- Wacker AG Acquisition of Air Products Polymers. Coordinated multi-jurisdictional review of and pre-merger notifications on behalf of Wacker AG, and obtained early termination of the HSR waiting period in the U.S.
- Meggitt PLC Acquisition of K&F Industries, Inc. Advised Meggitt plc in complying with a second request issued in connection with the acquisition of a manufacturer of aircraft wheels and brakes. The DOJ cleared the transaction shortly after issuing the second request.
- Morgenstern, Patterson to Participate in PLI's Antitrust Institute 2015: Development & Hot Topics May 7–8, 2015
- Recent Developments in the Extraterritorial Reach of the US Antitrust Laws August 13, 2014
- Foreign Nationals May Face Increased Risk of Extradition to US for Antitrust Violations April 7, 2014