Michelle K. Fischer

Jones Day (Cleveland)
Lawyer (Partner)

For 20 years, Michelle Fischer has focused on antitrust litigation, including class actions, and counseling in such industries as pharmaceuticals, chemicals, tobacco, food, beverages, and automotive components. In addition to serving as trial counsel in several cases, she has extensive experience in matters involving price discrimination, monopolization/attempted monopolization, price-fixing, 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 issues involving intellectual property. Michelle’s experience includes appearing before federal district and appellate courts, including as trial counsel for sanofi-aventis in defending against a class action claim that the company engaged in unlawful monopolization by filing an allegedly sham citizen petition with the FDA, R.J. Reynolds in defending against a retail price discrimination claim, Schwarz Pharma in prosecuting antitrust counterclaims in an infringement suit, and Musculoskeletal Transplant Foundation in defending against infringement claims. Other examples of Michelle’s experience include representing Alderwoods in defending against class action price-fixing claims and defeating class certification, and R.J. Reynolds in defending against, and obtaining summary judgment on, claims of wholesale price discrimination. Michelle just completed her second consecutive term as chair of the Ohio State Bar Association’s Antitrust Section. She has written and/or presented on various antitrust law issues, including proving relevant markets through lay witnesses (ALI-ABA’s 2008 "Trying and Winning A Civil Antitrust Case"), selected contract provisions that can raise antitrust concerns (OSBA’s 2008 Annual Convention), price discrimination (OSBA’s 2006 Antitrust Institute), and Ohio merger law enforcement (2008 OSBA Monograph).

Distinctions

Auteurs associés

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Articles

2544 Bulletin

Geoffrey D. Oliver, Kathryn M. Fenton, Matt Evans, Michelle K. Fischer, Peter J. Wang The US FTC and the DOJ publish for public comment proposed Antitrust Guidelines for International Enforcement and Cooperation

125

The Federal Trade Commission and the Department of Justice have published for public comment proposed Antitrust Guidelines for International Enforcement and Cooperation ("2016 Proposed Guidelines"). This would be the third iteration of international enforcement guidelines, following the (...)

David P. Wales, J. Bruce McDonald, John M. Majoras, Kathryn M. Fenton, Michelle K. Fischer, Ryan C. Thomas, Stephen J. Squeri The U.S. Department of Justice Antitrust Division considers individual civil enforcement actions against executives implicated in corporate wrongdoing (Yates Memo)

80

The U.S. Department of Justice Antitrust Division will consider individual civil enforcement actions against executives implicated in corporate wrongdoing, according to recent comments by DOJ Assistant U.S. Attorney General Bill Baer. His comments follow a September 2015 memo, "Individual (...)

Geoffrey D. Oliver, Kevin D. McDonald, Michelle K. Fischer The U.S. Court of Appeals for the Federal Circuit renders a split decision regarding sham patent litigation (Tyco Healthcare / Mutual Pharmaceutical)

32

The U.S. Court of Appeals for the Federal Circuit has remanded for further consideration antitrust claims accusing a patent holder of filing a sham infringement suit and a sham citizen petition with the Federal Drug Administration. The case is Tyco Healthcare Group LP v. Mutual Pharmaceutical (...)

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)

100

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)

18

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 (...)

David M. Maiorana, Geoffrey D. Oliver, Kenneth R. Adamo, Michelle K. Fischer The US Court of Appeals for the Federal Circuit limits patent misuse doctrine and distinguishes it from antitrust violation (Princo)

1002

The U.S. Court of Appeals for the Federal Circuit issued an en banc decision with significant implications for the doctrine of patent misuse. The decision issued last week overturns part of a Federal Circuit panel decision last year holding that Philips may have committed patent misuse by (...)

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)

768

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)

419

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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