James I. Serota is the Chair of the Antitrust Litigation & Competition Practice Group and concentrates his practice on antitrust and business litigation. Jamie has prosecuted treble damage antitrust claims and defended civil and criminal antitrust litigation and investigations in a wide variety of industries, particularly regulated industries. For over 30 years, Jamie has advised industries that are evolving from regulation to competition. He has just completed the defense one of China's largest pharmaceutical companies, a state-owned enterprise, in a series of multidistrict class actions in the United States alleging price-fixing of Vitamin C. He has also just completed the defense of a leading title insurer in 78 class actions in 12 states alleging price-fixing, all resulting in defendants' judgments.
Areas of Concentration
· Antitrust trade regulation
· Complex and multi-district litigation
· Regulated Industries
· Regulatory investigations
Professional & Community Involvement
· Board member, Advisory Board, The Institute for Consumer Antitrust Studies (Loyola University, Chicago), 2001-2005
· Board member, Law Board, Northwestern University School of Law, 1997-Present
· Council member, Antitrust Section, American Bar Association, 1997-2000
· Chair, Fuel and Energy Industry Committee, Antitrust Section, American Bar Association, 1994-1997
· Chair, Insurance Industry Committee, Antitrust Section, American Bar Association, 1987-1990
· Member, The Association of the Bar of the City of New York
- Antitrust and Trade Regulation Committee, 1988-1990
· Antitrust columnist and member, Advisory Board of CCH Power and Telecom Law, 1997-1999
· Member, New York State Bar Association
· Member, Federal Bar Council
· Member, American Bar Association
Awards & Recognition
· Listed, The Best Lawyers in America, Commercial Litigation; Litigation - Antitrust, 2012-2014
· Listed, Chambers USA Guide, 2013
· Listed, Super Lawyers magazine, New York Super Lawyers, 2006-2013
· Listed, Euromoney's Guide to World's Leading Competition and Antitrust Lawyers, 2008-2012
· Listed, "Who's Who in American Law," 2007-2008 and 2011; "Who's Who of Emerging Leaders in America," 1st edition; "Who's Who in America," 2009 and 2011; "Who's Who in the East," 30th edition; and "Who's Who in the World," 2009 and 2011
· Rated, AV Preeminent® 5.0 out of 5
· Defended targets of various criminal investigations for price fixing.
· Won dismissal of monopolization, restraint of trade, and unfair competition claims by disfavored distributor of satellite radios. (U.S. Electronics Inc v. Directed Electronics, Inc., S.D.N.Y.).
· Representation of one of China's largest pharmaceutical companies, a state owned enterprise, in a series of multidistrict class actions in the United States alleging price fixing of Vitamin C. Forced plaintiff to withdraw direct purchaser claims in response to motion to compel arbitration. (In Re Vitamin C Antitrust Litigation).
· Won dismissal of 78 class actions in 12 states against leading title insurer in a series of class actions involving pricing of title insurance.
· Defense of giftware manufacturer in class actions involving tying of virtual toys to minimum giftware purchases.
· Defense of unnamed subject of Department of Justice, Antitrust Division "do not hire" civil investigation.
· Defense of standard setting organization against restraint of trade claim by expelled former member. (Education Evaluators International, Inc. v. National Association of Credential Evolution Services, et. al, D-Def).
· Representation of leading waste management company against claims of attempted monopolization. (Allstar Carts v. BFF, et. al, E.D.N.Y).
· Defended antitrust counsel for nine defendants in antitrust class action in automobile industry. (In Re Mercedes Benz Antitrust Litigation, D.N.J.)
· Defended milk dealers accused of price fixing. (In Re Milk Antitrust Class Action Litigation, S.D.N.Y.)
· Prosecuted treble damage claim by large defense contractor for price fixing against manufacturers of titanium alloys. (Fairchild Industries v. TMCA, RMI and Lawrence Aviation, E.D.N.Y.)
· Defended insurance company against price fixing claim after Supreme Court reversal of summary judgment. (Pireno v. Union Labor Life Insurance, S.D.N.Y.)
· Led multi-state opposition to competitors' merger in utility industry. (In Re Northeast Utilities, Con Edison Merger Application NYPSC, Ct.DPUC, U.S. Department of Justice (DOJ))
· Won dismissal of indictment for obstruction of justice in connection with corrugated container price fixing investigation. (United States v. Treadway & Cone, N.D.Tex)
· Achieved defendant's verdict in arbitration by terminated computer software distributor. (Upfront Technologies v. Cheyenne Communications, ICC arbitration)
· Achieved defendant's verdict after trial in trustee and class action under ERISA for recovery of pension funds lost in merger transaction; argued appeal. (Hall v. Fairchild Industries, N.D.Fla & 11th Circuit Court of Appeals)
· Recovered full settlement during trial for fraud by builders of World Financial Center against manufacturers of electrical transformers. (Olympia & York v. National Industri, et al., N.Y. Sup. Ct.)
· Designed antitrust compliance program for investor owned electric utilities including antitrust guidelines, conducted antitrust seminars for senior and middle management and monitored compliance.
· Monitored antitrust compliance of consent decree for international telecommunications carrier including design of antitrust guidelines. (United States v. France Telecom, Deutsche Telecom & Sprint, D.D.C.)
· Provided antitrust guidance to a large public power authority.
· Assistant Lead Counsel, (United States v. IBM, S.D.N.Y.)
· Auto parts, retail automobiles, newspapers, apparel, footwear, retail distribution, pharmaceuticals, banks, broadcasting, health care products, health care and title insurance, chiropractic services, optometric products and services, electronic and online games, forest products, fire safety products, food products, giftware, milk, military and commercial aircraft, transportation services, including rail, ocean shipping, inland barges and motor carriers, petrochemicals, laundry products, computer software and hardware, electric and electronic components, , electric power, oil, coal, natural gas and telecommunications.
Publications & Presentations
Articles, Lectures & Publications
· Author, "The Energy Antitrust Handbook, A Guide to the Electric and Gas Industries," ABA Section of Antitrust Law, Principal Editor and Contributor, 2002
· Author, "Monopoly Pricing in a Time of Shortage," 33 Loyola University Chicago Law Journal 791, Summer 2002
· Editorial Board, "Antitrust Law Developments," ABA Section of Antitrust Law, Editorial Board,5th Ed., 2002
· Co-author with Ky P. Ewing, Jr., "The Antitrust Review of the Americas 2000: A Global Competition Special Report," 1999
· Author, "Cooperation under the Microscope: An antitrust analysis of joint ventures, strategic alliances and teaming agreements," CCH Power and Telecom Law, September/October 1999
· Author, "The Stepwise Approach to Vertical Agreements: A Road Paved with Good Intentions," CCH Power & Telecom Law, September/October 1998
· Author, "Communicating with the Enemy: A Guide to Collaborative Persuasion of Federal and State Regulators under the Antitrust Laws," CCH Power & Telecom Law, March/April 1998
· Author, "Defining Price Competition Rules in the Evolving Deregulated Electric Utility Industry," CCH Power & Telecom Law, October 1997
· Author, "Increasing Competition in the Electric Utility Industry and Decreasing Consumer Welfare: An Antitrust Paradox," 64 Antitrust Law Journal 303, 1996
· Contributing author and editor, "Antitrust Law Developments," ABA Section of Antitrust Law, 4th Ed., 1997
· Contributing author, "Basic Antitrust Law: The Use and Abuse of Monopoly Power," Practicing Law Institute, 1994
· Contributing author, "Criminal Antitrust Litigation," ABA Antitrust Section, 1993
· Contributing author, "Refusals to Deal & Exclusive Distributorships," ABA Antitrust Section, Monograph No. 9, 1983
· Speaker, "Criminal Antitrust - Defending a Case," International Business and Crime: FCPA and Criminal Antitrust, Georgia State Bar, Atlanta, GA, April 25, 2012
· Speaker, "What Is Sauce For the Goose Is Sauce For the Gander: Aligning U.S. and International Requirements For Regulatory Immunity," ABA Antitrust Spring Meeting, Washington, D.C., March 2012
· Speaker, "What is Monopoly Pricing In A Time Shortage," Conference on Competition, Consumer Protection and Energy Deregulation of the Institute for Consumer Antitrust Studies and Loyola University Chicago Law Journal, Chicago, Illinois, November 2, 2001
· Speaker, "Do(s) and Don't (s) for Minutes and Board Materials from the Perspective of an Antitrust Expert," American Society of Corporate Secretaries, Southeastern Chapter, May, 19, 2000, Hilton Head, South Carolina
· Speaker, "Preserving and Enhancing Competition in Restrictive Markets," Energy Bar Association, May 4, 2000, Washington, D.C.
· Speaker, "Preparing for a sale or spinoff: Antitrust Issues-Will I have a problem in a deregulating environment?," Edison Electric Institute Spring Legal Conference, April 6, 2000, Colorado Springs, Colorado
· Speaker, "Conflict and Cooperation: Multi Jurisdiction Review of Domestic and International Mergers-Electric Utility Mergers," Antitrust Section and the Young Lawyers Division of the American Bar Association, August 8, 1999, Atlanta, Georgia
· Speaker, "Cutting Edge Antitrust Issues in the Electric Utility Industry," Antitrust and Trade Regulation Committee of the Association of the Bar of the City of New York, March 16, 1999, New York, New York
· Speaker, "Antitrust Guidelines for the Public Power Industry-The Competitive Environment," APPA Legal Seminar, November 10, 1998, Palm Springs, California
· Speaker, "Marketing and Pricing Practices in the Evolving Electric Utility Industry-A Guide to the Perplexed," Practising Law Institute Telecommunications Mergers and Acquisitions Financing, Regulatory and Business Issues Conference, July 14, 1998, New York, New York
· Speaker, "Getting the Deal Through-Jamie Serota's Checklist to Successful Merger Clearance," ABA, SONREEL Fall Meeting, Energy Industry-Mergers and Acquisitions, October 17, 1997, Ashville, North Carolina
· Lead speaker, "Antitrust Law Client Case Studies," ReedLogic Video Leadership Seminars,2007.
· Testimony before the Committee on Judiciary, U.S. House of Representatives, on "Antitrust Aspects of Electricity Deregulation," June 4, 1997
· Testimony on behalf of the American Bar Association before the Committee on the Judiciary, U.S. Senate concerning repeal of the McCarran-Ferguson Act (April 1989) and before the Subcommittee on Economic and Commercial Law Committee on the Judiciary, U.S. House of Representatives (July 1989)