For more than 20 years, Michelle Fischer has focused on antitrust matters, including private litigation brought individually and as class actions, governmental civil and criminal investigations, and counseling in such industries as pharmaceuticals, chemicals, tobacco, food, beverages, surgical implants, health care, and automotive components. She has extensive experience in matters involving price discrimination, price-fixing, monopolization/attempted monopolization, intellectual property, distribution issues, associations, tying, refusals to deal, and exclusive dealing. 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 an allegedly 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 suit, and MTF in defending against infringement claims. Other experience includes representing 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 recently served two terms as chair of the Ohio State Bar Association's Antitrust Section. She has written and/or presented on various antitrust law issues, including, most recently, on criminal antitrust conspiracy investigations (3/2012), private antitrust enforcement (contributor to PLI Antitrust Law Answer Book 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
iBiquity Digital acquired by DTS for $172 million
Procter & Gamble settles patent infringement and antitrust claims related to teeth whitening strips
Honors & Distinctions
Chair, Ohio State Bar Association Antitrust Section, 2008-2009 and 2007-2008 terms
The Best Lawyers in America (Antitrust Law, 2013-2017), including 2014 Lawyer of the Year, Antitrust Law, Cleveland