David Germaine

Career

David Germaine is an exceptional client advocate who is practical in his approach and effective in delivering results. He has successfully managed a variety of price fixing, tying, monopolization, and other antitrust claims, navigated complex litigation, and defended clients in bet-the-company cases.

David has represented clients in litigation involving a wide range of industries and products, including health insurance, pharmaceuticals, broiler chickens, pork, beef, payment cards, and electronics. He deftly manages complex commercial litigation matters and counsels clients overcharged through anticompetitive schemes.

David takes the time to know his clients and build long-term relationships in order to gain an understanding of their goals and priorities. This insight enables him to offer tailored advice based on each client’s business realities. Clients value David’s responsiveness, clarity, good judgment, and practicality. He distills discovery and legal issues into lay terms, focuses on efficiency, devises a strategic litigation plan, and guides his clients through litigation with the least possible disruption to their business activities.

Among his many successes, David represented several large retailers in pursuing nine-figure anticompetition claims against Visa and MasterCard in the largest antitrust case in U.S. history. Combining business acumen, strategy savvy, and litigation skills, David is a tenacious litigator and exceptional negotiator who always strives to deliver results that resolve his clients’ challenges and set them up for the future.

Professional Memberships

Board of Directors, New Buffalo Township Fire Administrative Board

American Bar Association

Chicago Bar Association

Personal

Illinois

U.S. Supreme Court

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. District Court for the Northern District of Illinois

Experience

Serving as counsel in a number of pending antitrust cases involving health insurance, agricultural commodities, PBMs, pharmaceuticals, and payment mechanisms.

Attained cumulative settlements totaling well into the nine figures for merchants in a case alleging that Visa and MasterCard engaged in an anticompetitive scheme to artificially inflate interchange fees charged to process credit card transactions on their networks. Interchange fees are the swipe fees merchants must pay on each credit card transaction under the credit card companies’ rules. In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, Case No. 05-MD-1720 (E.D.N.Y.).

Litigated the only merchant litigation against American Express, and did so until the eve of trial when that case was favorably resolved. In re: American Express Antitrust Litig. (E.D.N.Y.).

Represented several large grocers and wholesalers in multidistrict antitrust litigation against the three largest packaged tuna manufacturers and their respective foreign parent companies who were alleged to have conspired to fix the price of packaged tuna. By employing litigation strategies and leveraging wins on motions to dismiss and summary judgment, we were able to obtain favorable settlements early in the case with the majority of the defendants and ultimately settled with all defendants before trial. In re Packaged Seafood Products Antitrust Litigation, Case No. 15-md-2670 (S.D. Cal).

Represented several large grocers and other large purchasers in antitrust litigation against the country’s largest chicken producers based on violations of the Sherman Act arising from coordinated efforts by the producers to restrict output and inflate prices. We litigated the case for over five years, defeating numerous summary judgment and other case dispositive motions along the way. The matter resulted in numerous favorable settlements for our clients prior to trial. In re: Broilers Antitrust Litigation, Case No. 1:16-cv-08637 (N.D. Ill.).

Represent national grocers, a national food distributor, and other large purchasers in antitrust litigation against the country’s largest producers of pork and beef. In re Pork Antitrust Litig., (D. Minn.); In re Beef Antitrust Litig. (D. Minn.).

Represented a client in multidistrict antitrust litigation against several of the world’s major manufacturers of LCD flat panels, who were alleged to have conspired to fix the prices of LCD flat panels and products containing LCD flat panels, such as televisions, laptops, and mobile phones sold in the United States. We successfully litigated the case through various motions and ultimately obtained favorable settlements on behalf of our client before trial. In re TFT-LCD (Flat Panel) Antitrust Litigation, MDL 1827 (N.D. Cal.).

Secured a settlement exceeding $50 million for direct purchasers of Restasis. In re Restatis Antitrust Litigation, Case No. MDL No. 2819 (E.D.N.Y.). The claim alleged that brand-maker Allergan, Inc. delayed generic competition for Restasis through a multifaceted anticompetitive scheme involving obtaining sham patents, sham litigation, and fraudulent citizen petitions to the FDA.

Secured a $453 million settlement for direct purchasers of the drug Glumetza. In re Glumetza Antitrust Litigation, 19-cv-6156 (N.D. Cal.). The case involved allegations that direct purchasers of the pharmaceutical product Glumetza overpaid for the drug as a result of a payoff to potential generic competitors.

Secured a $485 million settlement for direct purchasers in Meijer, Inc. v. Ranbaxy Inc., Case No. 15-cv-11828 (D. Mass.). The claim alleged Ranbaxy conspired to defraud U.S. regulatory authorities into giving the company certain regulatory exclusivities to produce generic versions of Novartis AG's blood pressure drug Diovan, Pfizer's acid reflux medication Nexium, and Genentech's antiviral drug Valcyte.

Education

Awards