Thomas Demitrack

Jones Day (Cleveland)
Lawyer (Partner)

Tom Demitrack has litigated numerous antitrust cases, including price-fixing, vertical restraints, monopolization, and Robinson-Patman cases, as well as intellectual property cases raising antitrust issues. He has substantial experience, in particular, in distribution cases raising price discrimination and similar issues and in class action practice. Tom is the coordinator of the antitrust practice in Jones Day’s Cleveland Office. In recent years, he has represented clients such as Ascension Health, Bayer, Eastman, Experian, Macy’s, Madison Square Garden, and R.J. Reynolds. Tom is listed as a leading lawyer in antitrust in Northeast Ohio’s Inside Business magazine and in Ohio Super Lawyers. He has spoken on antitrust issues at Ohio State Bar Association and Federal Bar Association programs and on conflicts of interest issues at continuing legal education programs. He is Jones Day’s Professional Responsibilities Partner and is a member of the Firm’s Professional Services Committee.

Distinctions

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Jones Day (Washington)
Jones Day (Cleveland)
Jones Day (Chicago)
Jones Day (Chicago)
Jones Day (Cleveland)
Jones Day (Washington)

Articles

2096 Bulletin

Brian Grube, Michelle K. Fischer, Paula W. Render, Thomas Demitrack A US Federal Appeals Court reaffirms flexible legal standard for restraints in competitor collaborations (Sulfuric acid antitrust litigation)

99

A new decision by a U.S. federal judge and leading antitrust scholar has reaffirmed the U.S. antitrust principle that competitive restraints adopted to foster competitor collaborations will not be summarily condemned under the per se rule, but instead evaluated under a rule of reason analysis (...)

Michelle K. Fischer, Paula W. Render, Thomas Demitrack A US Federal Court of Appeals reaffirms flexible legal standard for restraints in competitor collaborations (Ohio Chemical Services / Falconbridge)

17

A new decision by a U.S. federal judge and leading antitrust scholar has reaffirmed the U.S. antitrust principle that competitive restraints adopted to foster competitor collaborations will not be summarily condemned under the per se rule, but instead evaluated under a rule of reason analysis (...)

Michael Sennett, Paula W. Render, Thomas Demitrack The US Supreme Court leaves in place third circuit rule welcoming challenges to foreign conduct into U.S. Courts (Animal Science)

79

This week the U.S. Supreme Court announced it would not review a Third Circuit decision (Animal Science) that made it easier for antitrust plaintiffs to bring claims in U.S. courts for conduct occurring overseas under the Foreign Trade Antitrust Improvements Act (“FTAIA”). The Supreme Court’s (...)

Michael Sennett, Paula W. Render, Thomas Demitrack A US District Court denies defendants’ motion to dismiss regarding indirect purchaser claims based on foreign sales (TFT-LCD Antitrust Litigation)

88

This article has been nominated by readers for the business category, general antitrust section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Recent decisions by the Third Circuit and the Northern District of California make it easier for (...)

Michael Sennett, Paula W. Render, Thomas Demitrack A US Court of Appeals holds that the Foreign Trade Antitrust Improvements Act imposes a substantive merits limitation rather than a jurisdictional bar (Animal Science Products/China Minmetals)

82

This article has been nominated by readers for the business category, general antitrust section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Recent decisions by the Third Circuit and the Northern District of California make it easier for (...)

Kathryn M. Fenton, Thomas Demitrack The US Court of Appeals for the Third Circuit provides important clarification on "Competing Purchasers" for Robinson-Patman Act price discrimination claim (Sodexo, Feesers, Michael Foods )

465

On January 7, 2010, the U.S. Court of Appeals for the Third Circuit, in a 3-0 decision, reversed a district court’s judgment against Sodexo, Inc., and another defendant in a Robinson-Patman Act (RPA) bench trial and directed entry of judgment in favor of the defendants. (Feesers, Inc. v. Michael (...)

Michelle K. Fischer, Thomas Demitrack The US Court of Appeals for the Sixth Circuit holds that a seller’s discount program that is available to competing purchasers does not violate the Robinson-Patman Act (Smith Wholesale, R.J.R Tobacco)

767

The Robinson-Patman Act has given rise to some truly awful court decisions that have created a seller-buyer environment of sometimes unforgiving price rigidity, as well as complex and difficult-to-comply-with principles about when and to whom sellers must offer price discounts and nonprice (...)

Michelle K. Fischer, Thomas Demitrack The US Court of Appeals for the Seventh Circuit validates cigarettes manufacturer’s discount program and holds that it does not constitute a violation of the Robinson-Patman Act (R.J.R. Tobacco, Cigarettes Cheaper)

418

The Robinson-Patman Act has given rise to some truly awful court decisions that have created a seller-buyer environment of sometimes unforgiving price rigidity, as well as complex and difficult-to-comply-with principles about when and to whom sellers must offer price discounts and nonprice (...)

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