Along with firm colleagues, Mr. Panner was centrally involved in four of the most significant Supreme Court antitrust victories of the past twenty years: Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP, 540 U.S. 398 (2004), which sharply limited “refusal-to-deal” claims under Section 2, putting an end to nearly a decade of litigation related to the implementation of the Telecommunications Act of 1996; Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), which overturned a 50-year-old precedent and established new pleading standards governing all civil litigation in the federal courts; and Pacific Bell Tel. Co. v. Linkline Communications, Inc., 555 U.S. 438 (2009), which eliminated “price squeeze” claims under Section 2, abrogating that aspect of Judge Learned Hand’s landmark decision in Alcoa and Ohio v. American Express Co., ___ S. Ct. ___ (2018), which clarified standards governing challenges to vertical restraints under Section 1. Mr. Panner wrote the briefs and argued on behalf of AT&T in Linkline, was the principal drafter of the cert. petition and the merits briefs in Twombly, and, along with partner Derek Ho, was a principal drafter of the merits brief in American Express.
Mr. Panner has also secured victories in appellate decisions involving (among others) alleged price fixing (In re Text Messaging Antitrust Litigation 782 F.3d 867 (7th Cir. 2015)), class certification standards (Kleen Products LLC v. International Paper Co. 831 F.3d 919 (7th Cir. 2016)), federal jurisdiction (Verizon Maryland, Inc. v. Global Naps, Inc., 377 F.3d 355 (4th Cir. 2004)), standards for patent infringement (Limelight Networks, Inc. v. Akamai Techs., Inc., 134 S. Ct. 2111 (2014)), patent exhaustion (Helferich Patent Licensing, LLC v. New York Times Co., 778 F.3d 1293 (Fed. Cir. 2015)), and other intellectual property issues. He has extensive experience representing amici curiae on a variety of constitutional and statutory issues. Since 2010, he has served as amicus counsel for the American Psychiatric Association, participating in a range of Supreme Court and appellate cases involving matters of concern to the psychiatric profession. In 2006, he received the Green Bag writing award for amicus brief in support of petitioner in Hamdan v. Rumsfeld.
Mr. Panner has published several articles on antitrust law and serves on the Editorial Advisory Board of Competition Policy International’s Antitrust Chronicle and the Advisory Board of the Institute on the Supreme Court of the United States, Chicago Kent College of Law. He regularly appears on lists of the country's leading antitrust and appellate lawyers, including Chambers USA, Benchmark Litigation, Lawdragon 500, and Super Lawyers. In July 2017, Global Competition Review named Mr. Panner, along with his partners Michael Nemelka and Derek Ho, “ Litigators of the Week ” for their work obtaining a preliminary injunction on behalf of their client, Authenticom, Inc.
Sorting The Collusive Goats from The Consciously Parallel Sheep, Antitrust Chronicle (2018)
The Impact of Tyson Foods v. Bouaphakeo on Antitrust Class Actions,Antitrust Chronicle (2016)
Three Thoughts About Kirtsaeng , Antitrust Chronicle (2013)
The Second Circuit’s Starr Decision: Why Twombly Demands More , Antitrust Chronicle (2010)
Are Price Squeezes Anticompetitive , Antitrust Chronicle (2009)
Bundled Discounts and the Antitrust Modernization Commission , Antitrust Chronicle (2007)
Law Clerk, Justice Stephen Breyer, U.S. Supreme Court, 1996-1997
Law Clerk, Judge Michael Boudin, U.S. Court of Appeals, First Circuit, 1995-1996
Foreign Service Officer, U.S. Department of State, 1987-1992
You should not send any sensitive or confidential information through this site. Emails sent through this site do not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent though this site could be intercepted or read by third parties.