Matthew Freimuth is a partner in the Litigation Department and a member of the Antitrust Practice Group of Willkie Farr & Gallagher LLP in New York. Mr. Freimuth focuses on complex litigation with an emphasis on antitrust matters. Mr. Freimuth’s antitrust practice focuses on class action litigation, regulatory investigations, mergers, compliance, and client counseling. He regularly appears in federal court and before the DOJ, FTC, and several state attorneys general on enforcement matters. In addition, Mr. Freimuth’s practice includes global regulatory advocacy and counseling on competition, trade regulation and other commercial matters.
Selected Professional and Business Activities
Mr. Freimuth is a member of the American Bar Association (Antitrust Section) and the New York State Bar Association.
Prior to joining Willkie, Mr. Freimuth was with Hunton & Williams (2005-2009) and Dewey Ballantine LLP(2001-2005).
Selected Significant Matters
- Defended MasterCard against price-fixing, tying, and exclusive dealing class-action claims and related state and federal regulatory proceedings (see In Re Swipe Fee Litigation, American Lawyer "Big Suits" column, 10/2012). Currently representing MasterCard in appeals and related follow-on litigation.
- Currently defending major private equity firm in nationwide class action alleging joint bidding for public companies.
- Regularly advises pharmaceutical clients on antitrust issues related to so-called "reverse payment" patent settlements within the Hatch-Waxman regulatory framework. Defended a global pharmaceutical company in a nationwide class action asserting antitrust claims related to the settlement of a patent dispute
- Represented a regional food distributor in a price discrimination action under the Robinson-Patman Act
- Represented a global spirits manufacturer in a governmental investigation into potential violations of state and federal antitrust laws
- Represents clients in a variety of other commercial litigation matters, including: representation of a loan servicer in two lender liability actions; representation of a state agency in action for fraud, conversion and breach of fiduciary duties against directors and officers of an insolvent insurance company; and representation of an audit committee of a software company under investigation for alleged accounting and reporting irregularities
Selected Publications and Lectures
- "In re Text Messaging Antitrust Litigation," Antitrust Practitioner (May 2011)
- "Review Of 2009 Antitrust Case Law," Competition Law360 (January 15, 2010)
- "Sotomayor’s Approach To Antitrust," Competition Law360 (July 9, 2009)
- "Life After ‘Twombly’," New York Law Journal (June 16, 2008)
- "Antitrust Disputes Nixed: SEC Governs IPO Underwritings," New York Law Journal (August 23, 2007)
- "Settlement Class Certification: Application of a More Flexible Certification Standard Since AmChem," Antitrust Practitioner (July 2006)