For more than 25 years, Michelle Fischer has focused on antitrust matters, including class and individual litigation, governmental investigations, and counseling in industries including auto parts, distribution, food, pharmaceuticals, chemicals, and tobacco. She has extensive experience in price-fixing, price discrimination, monopolization, intellectual property, distribution, tying, and exclusive dealing matters. Michelle also co-coordinates the Firm's practice involving application of antitrust law to intellectual property issues.
Michelle's experience includes appearing before federal district and appellate courts, including as trial counsel for: sanofi-aventis in successfully defending against a class claim that the company engaged in monopolization by filing a sham FDA citizen's petition, R.J. Reynolds in successfully defeating a retail price discrimination claim, Schwarz Pharma in prosecuting antitrust counterclaims in an infringement lawsuit, and MTF in defending against infringement claims. Other experience includes representing Cardinal Health in obtaining summary judgment in a bundling case, Alderwoods in defeating class certification in a price-fixing case, RJR in obtaining summary judgment on wholesale price discrimination claims, and defending Yazaki against criminal and civil price-fixing claims.
Michelle served two terms as chair of the Ohio State Bar Association's Antitrust Section. She has written and/or presented on various antitrust issues, including antitrust liability premised on fraud on the PTO (IP Litigator, May/June 2016 (co-author)), criminal antitrust conspiracy investigations (3/2012), private antitrust enforcement (contributor to PLI Antitrust Law Answer Book 2012-2013 and 2011 (Chapter 1)), sentencing corporate antitrust defendants (6/2011), pricing to reseller customers (1/2010), and class actions (Great Lakes Antitrust Institute 2009: Class Wars: Has the Standard for Class Certification Changed? ).
CAE challenges exclusive agreement for flight simulators and pilot training programs
Cardinal Health successfully defends against claims that certain discounting practices violated federal and Kansas antitrust law
Procter & Gamble settles patent infringement and antitrust claims related to teeth whitening strips
Honors & Distinctions
The Best Lawyers in America (Antitrust Law, 2013-2017), including 2014 Lawyer of the Year, Antitrust Law, Cleveland
Chambers USA 2016: Litigation: Antitrust (Ohio)
Antitrust Writing Awards co-sponsored by Concurrences Review and George Washington University: Best Antitrust Business Article, Private Enforcement Category (coauthor 2016) and Business - Concerted Practices/Cartels Category (coauthor 2014)
Chair, Ohio State Bar Association Antitrust Section, 2008-2009 and 2007-2008 terms