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Partner
Competition
Washington
(202) 955-1629 Phone
(202) 778-2201 Fax
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| Practices |
Alcoholic Beverage
Industry
Business Crimes
Defense
Class Action,
Multidistrict
Litigation
Competition &
Antitrust
Criminal Antitrust
Defense
Criminal Defense
Intellectual
Property
Internal
Investigations
Litigation
Merger Review
Telecommunications
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Practice focuses on antitrust, trade regulation and intellectual property law.
Relevant Experience 
- Representation of more than 50 companies and individuals in all phases of criminal antitrust investigations, litigation, plea bargaining and sentencing.
- Antitrust, trade regulation, and intellectual property litigation, including defense of corporate clients in antitrust and consumer fraud class actions.
- Representation of a major European corporation and its North American subsidiaries in successful negotiations for corporate amnesty from criminal antitrust prosecution in the United States and Canada.
- Conduct of internal and independent investigations, preparation and presentation of corporate compliance programs, and related advice.
- Representation of clients in civil antitrust, deceptive practice, and consumer fraud investigations by the Department of Justice, the Federal Trade Commission, and various state attorneys general.
- Merger-related antitrust investigations and proceedings, including U.S. and international premerger notification and review procedures; counseling of clients on antitrust issues related to mergers and joint ventures.
- Telecommunications and electric industry competition and regulatory matters; trials of competition-related proceedings before utility commissions in 10 states, including California, Texas, Illinois and Michigan.
- Counseling of clients on antitrust and trade regulation matters, including joint ventures and competitor collaborations, price discrimination, false advertising and deceptive trade practices, antitrust and regulated industries, and other competition related issues.
- Counseling of clients on intellectual property, trade secrets and related matters.
- Representation of respondents in European competition and antidumping proceedings.
Additional Experience
- In re Air Cargo Shipping Services Antitrust Litigation (E.D.N.Y.) (Represented Kenya Airways Ltd. in this multidistrict class action litigation, which involved claims asserted on behalf of classes of direct and indirect air cargo shipping service consumers located in the United States and countries around the world, and alleged violations relating to shipments in and out of the United States, Europe, and other countries. We demonstrated to plaintiffs that Kenya Airways was not a target of related governmental enforcement actions, and convinced plaintiffs to voluntarily dismiss Kenya Airways from the litigation.)
- In re LTL Shipping Services Antitrust Litigation (N.D. Ga.) (Represented Estes Express Lines, Inc., in putative class actions alleging a conspiracy to fix LTL (less than truckload) fuel surcharges on LTL freight transportation services in the United States in violation of Section 1 of the Sherman Act. The judge granted our motion to dismiss, ruling that the plaintiffs failed to adequately state a claim.)
- DeLoach v. Philip Morris, et al. (U.S. District Court, North Carolina) (defense and favorable settlement of class action brought against cigarette manufacturers and tobacco leaf dealers alleging conspiracy to depress prices and allocate purchases on tobacco auction markets).
- Books-A-Million, Inc. v. Penguin Putnam, Inc. (Circuit Court of Jefferson County, Alabama) (successful representation of plaintiff in action alleging price discrimination, negligent misrepresentation, and fraud).
- Hillerich & Bradsby, Inc. v. Major League Baseball Players Association (U.S. District Court, Kentucky) (obtained summary judgment for plaintiff in defense of counterclaim for monopolization and attempted monopolization).
- R.S. Drywall Supply, Inc. v. Gypsum Management and Supply, Inc. (District Court, County of Boulder, Colorado) (defense of state court action for price discrimination, predatory pricing, and attempted monopolization).
- Arango v. Capitol Products Corp., et al. (U.S. District Court, New Jersey) (defense and favorable settlement of nationwide class action alleging false advertising and violations of consumer fraud and racketeering statutes).
- Bromine Products Antitrust Litigation (California state court; federal multidistrict litigation in Indiana) (representation of bromine products manufacturer in California state court indirect purchaser actions, and in federal class actions).
- In re Mid-Atlantic Toyota Antitrust Litigation (U.S. District Court, Maryland) (defense of parens patriae antitrust and consumer fraud action brought by the attorney generals of Maryland, Pennsylvania, District of Columbia and Virginia against certain Toyota dealerships and a regional distributor).
- Pine Mountain Paving Co., Inc. v. Medusa Aggregates Co. (U.S. District Court, Kentucky) (defense of alleged monopolization, attempt to monopolize, and price discrimination allegations).
- In re Corrugated Container Antitrust Litigation (Multidistrict litigation, Texas) (defense of antitrust class action brought by purchasers of corrugated containers against all major U.S. producers).
- The Colonial Williamsburg Foundation v. The Kittinger Company (U.S. District Court, Virginia) (obtained injunction against trademark infringement and violation of trademark license agreement by furniture manufacturer). See 792 F. Supp. 1397.
- Molson Brewery’s USA, Inc. v. British American Golf Association of America, Inc. (U.S. District Courts in Florida and Virginia) (obtained judgment for Molson in litigation charging golf sponsorship organization with false advertising, unfair competition, fraud, and tortious interference with contract).
- Nintendo of America, Inc. v. Playtime International, Inc. (U.S. District Court, Virginia) (obtained exparte temporary restraining order against copyright infringement and seizure order resulting in seizure and destruction of counterfeit coin-operated video games).
Background
- Officer, U.S. Navy, 1969-72
Membership
- Member, District of Columbia and Virginia State Bars
- Past-Chair, Antitrust & Consumer Law Section, District of Columbia Bar
- Past-Chair, Antitrust, Trade Regulation and Franchise Law Section, Virginia State Bar
- Editorial Board, The Antitrust Bulletin and The Journal of Reprints for Antitrust Law and Economics
- Council, ABA Section of Antitrust Law (2010-)
Awards and Professional Recognition
- Mr. Hartwell is listed in An International Who's Who of Competition Lawyers, Benchmark Litigation (National Antitrust Litigation Star), Washington Post (Washington, D.C.'s Best Lawyers - Antitrust), Best Lawyers in America, (Antitrust), Guide to the World's Leading Competition and Antitrust Lawyers, and Guide to the World's Leading International Trade Lawyers. He served on the ABA Task Force, on Antitrust Sentencing Guidelines, and on NAFTA Competition and Trade Law Issues.
- Mr. Hartwell is a member of the Board of Trustees of Washington and Lee University. He is past president of the University's Law School Alumni Association.
Education - J.D., Washington and Lee University School of Law, summa cum laude, Order of the Coif; Omicron Delta Kappa; Editor-in-Chief, Washington and Lee Law Review, 1975
- B.A., Washington and Lee University, 1969
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Ray Hartwell, III
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