Hausfeld (New York)

Irving Scher

Hausfeld (New York)
Of Counsel

Irving Scher is Senior Counsel at Hausfeld (New York). Irv is considered an antitrust icon, with many decades of extensive experience in counseling and all phases of antitrust, marketing, and trade practice litigation and appeals, often as lead counsel in multi-party matters. He has been lead defense counsel in numerous class actions and FTC and government enforcement agency investigations across a wide range of industries, involving trade associations, buying groups, airlines, retailers and manufacturers of apparel, automobiles, automotive products, grocery and toiletry products, non-prescription drugs, electronic products, recorded music, and book and magazine publishers. Irv has served for many years as an Adjunct Professor at NYU Law School, teaching an advanced antitrust course. He is a former Chair of both the American Bar Association (ABA) and New York State Bar Association (NYSBA) Antitrust Sections, a long-time member of the Advisory Board of the Bloomberg/BNA Antitrust & Trade Regulation Report, and was co-chair for more than 20 years of the annual Practicing Law Institute antitrust program. He regularly lectures on antitrust matters at ABA and NYSBA Antitrust Section meetings and conferences. Irv is editor and co-author of Antitrust Adviser, a Thomson Reuters two-volume practical reference treatise, author of Living With the Robinson-Patman Act, a Bloomberg/BNA Corporate Practice Series Portfolio, and was a Vice Chair of the editorial board of the ABA’s Antitrust Law Developments desk book. Irv has been listed for many years in Chambers Global, Competition/Antitrust, and in Chambers USA Guide, where he was lauded as one of only six national antitrust “senior statesmen” in 2015 and 2016. He also is listed in The Best Lawyers In America, Litigation, and in 2015 was named “Lawyer of the Year,” Antitrust Law, New York City. He was the recipient of a World’s Leading Competition Lawyer Award in the Euromoney Expert Guide, 2008, and is listed in Super Lawyers magazine, NY Metro Super Lawyers (2006-2016) and International Who’s Who of Business Lawyers. He is a former student of the Columbia Law School and of the City College of NY.


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1328 Bulletin

Irving Scher The US FTC announces the launch of an inquiry into the Pharmacy Benefit Managers (PBM) industry requiring information and records from the six largest PBMs (CVS Caremark / Express Scripts / OptumRx / Humana / Prime Therapeutics / MedImpact Healthcare Systems)


Pharmacy benefit managers (PBMs) are intermediaries paid by health care insurers to manage their prescription benefits programs. Today, PBMs not only negotiate the prices charged by pharmaceutical manufacturers to the insurers, but they also have enormous influence on which drugs are prescribed (...)

Irving Scher The US Congress passes the Competitive Health Insurance Reform Act into law and repeals the McCarran-Ferguson Act’s antitrust exemption for health and dental insurers


After many years of debate and previous failed attempts, on January 13, 2021, the Competitive Health Insurance Reform Act (“CHIRA”) was passed into law, having obtained unanimous consent in both the House of Representatives and Senate last fall. The new Act repeals the 1945 McCarran-Ferguson (...)

Irving Scher The US Court of Appeals for the Seventh Circuit finds that the District Court should not have dismissed a monopolization and tying arrangement suit in the telecoms sector (Comcast / Viamedia)


On February 24th, a Seventh Circuit Court of Appeals panel ruled unanimously that a District Court should not have dismissed a monopolization and tying arrangement suit brought against Comcast by Viamedia, a supplier of advertising services to cable companies and other television content (...)

Michael D. Hausfeld, Irving Scher The UK Court of Appeal overturns a Competition Appeal Tribunal’s decision refusing a £14 billion class action against a credit card company (Merricks / Mastercard)


Introduction Few would argue with the proposition that antitrust indirect purchaser class actions in the U.S. raise more difficult questions of commonality, impact, and manageability than direct purchaser class actions, even though there may have been harm sustained at both levels. Accordingly, (...)

Irving Scher The US District Court of Appeals for the Tenth Circuit rejects claims challenging a medical-surgical distributor’s discount scheme (Suture Express / Cardinal Health / Owens & Micro)


Cases in which vertical restraints are challenged under Section 1 of the Sherman Act often require proof that the defendant has “market power”—the power “to force a purchaser to do something that he would not do in a competitive market,” which usually takes the form of a seller’s ability “to raise (...)

Irving Scher The US Court of Appeals for the Second Circuit overturns dismissal of an antitrust suit against an investment banking company accused of monopolizing the market for silver futures (Wacker / JP Morgan)


In an unsigned summary order in Wacker v. JP Morgan Chase & Co., a Second Circuit panel (Judges Cabranes, Pooler and Lynch) overturned dismissal of an antitrust suit brought by a group of precious metals traders and a hedge fund alleging that JP Morgan unlawfully monopolized the market for (...)

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