Jennifer B. Patterson has 25 years of experience handling antitrust litigation and other complex commercial disputes across a wide range of industries including pharmaceuticals, rail freight transportation, auto parts, aircraft parts, biometric identification, poultry breeding, food additives, pesticides, publishing, optical film, flat glass manufacturing, and accounting and audit services.

Ms. Patterson has defended major US and foreign corporations in private antitrust lawsuits and class actions, and in related criminal and civil 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 activities. Ms. Patterson has also 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, as well as on best practices for antitrust training and compliance.

Ms. Patterson speaks and writes in both Europe and the US on antitrust and cross-border litigation issues.

Experience

  • Major branded international pharmaceutical company in dispute with several State Attorneys General concerning alleged delayed generic entry in connection with a patent litigation settlement.
  • Class 1 railroad, serving as co-counsel, in a nationwide class action antitrust lawsuit against major US railroads alleging collusion to fix fuel surcharges on freight shipments in In Re Rail Freight Fuel Surcharge Antitrust Litigation (U.S. District Court., D.D.C.).
  • Japanese automobile parts manufacturer in a major Department of Justice antitrust investigation.
  • King Pharmaceuticals in In Re Skelaxin (Metaxalone) Antitrust Litigation, MDL No. 2343 (US District Court, ED Tenn.) and related cases. Defended "opt-out" plaintiffs cases alleging that the manufacturer conspired with a potential generic entrant to delay or block generic entry in violation of Section 1 of the Sherman Act and certain state antitrust and related cases.
  • Hoechst GmbH and its German and US 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).
  • Novartis Pharmaceuticals Corp. in whistleblower action alleging financial improprieties with respect to valuation of a branded pharmaceutical product.
  • US affiliate of a Swiss company in an internal investigation to uncover and evaluate potential antitrust violations.
  • Japanese affiliate of a US conglomerate in an internal investigation to uncover and evaluate potential antitrust violations.
  • European pharmaceutical company in an internal investigation in connection with the UN Oil-for-Food bribery scandal.

Perspectives

Relationships Among Competitors—Lawful Collaborations, Unreasonable Restraints, and Cartels
Co-Chair, PLI Seminar on Developments in Antitrust Law & Regulation
From Crisis to Compliance: An Antitrust/Competition Seminar
Arnold & Porter Kaye Scholer, Frankfurt
Antitrust Jurisprudence in the Second Circuit
85 Fordham L. Rev. 111
Morgenstern, Patterson to Participate in PLI's Antitrust Institute 2015: Development & Hot Topics
Recent Developments in the Extraterritorial Reach of the US Antitrust Laws

Recognition

The Legal 500 US
Antitrust: Cartel (2017, 2019)
Antitrust: Civil Litigation/Class Actions (2019)

Credentials

Education
  • JD, Georgetown University Law Center, 1994, cum laude
  • MSFS, Georgetown University, Edmund A. Walsh School of Foreign Service, 1994, academic excellence
  • BA, Vanderbilt University, 1989, magna cum laude
Admissions
  • New York
  • Connecticut
  • US Court of Appeals for the Fourth Circuit
  • US Court of Appeals for the Seventh Circuit
  • US Court of Appeals for the Tenth Circuit
  • US District Court, Southern District of New York
  • US District Court, Eastern District of New York
  • US District Court, Western District of New York
  • US District Court, Eastern District of Michigan
  • US Court of Federal Claims
Activities
  • Co-Chair, Competition Commission Task Force on Due Process, International Chamber of Commerce
  • Vice Chair, Competition Committee, United States Council for International Business
  • Member, Antitrust Section, New York State Bar Association
  • Member, Antitrust Section, American Bar Association
Languages
  • English
  • German
Overview

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