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John S. Martin
Partner
Competition

Washington
(202) 955-1602 Phone
(202) 778-2201 Fax
Richmond
(804) 788-8774 Phone
(804) 788-8218 Fax

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Practices
Antitrust Litigation
Competition &
  Antitrust

Competition Law &
  Intellectual
  Property

European Competition
  Capability


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John S. Martin

Practice focuses on complex trials, big case litigation and international antitrust counseling and litigation.  Former trial lawyer with FTC and Department of Justice; university antitrust professor in United States and Europe.

Relevant Experience Complex trials.  Lead or co-lead counsel in over 20 trials, including 4 trials lasting one month or longer.

  • Co-lead counsel on a major merger review trial involving two Chicago area hospitals; obtained an administrative order unwinding the consummated merger of the hospitals (FTC).
  • Led a key portion of the trial of the FTC's monopolization case against a top oil and gas refining company (FTC).
  • Led the FTC’s successful efforts to debunk the "efficiencies defense" at trial seeking to block the merger of two coal mines (D.D.C.).
  • Represented a data hosting firm in a case which threatened the company's survival. Took the case from filing through final trial on the merits, including extensive discovery and a successful motion for preliminary injunction, in ten weeks, and obtained favorable settlement for the company.  (Bankr. E.D. Va.)
  • Following lengthy trial, obtained preliminary injunction remedying theft of trade secrets in telecommunications industry (Pa. Court of Common Pleas).
  • Constant stream of 1 day and shorter trials.

Big Case Litigation.  Management of 5-20 lawyer teams on big cases successfully resolved at motion stage or through settlement.

  • Currently representing private equity firm in an antitrust challenge to alleged joint bidding for acquisition of public companies.
  • Represented plaintiff in RICO challenge to labor union corporate campaign.  Managed large scale motion practice that survived summary judgment and favorably positioned case for trial.  Managed 4 day pretrial conference.  Case settled the morning of opening statements.
  • Extensive e discovery practice, including counseling and successful motion practice obtaining possession of laptop computers.
  • Supervised trial preparation in two cases, involving a consummated software merger and a doctor cartel, in which the FTC obtained full relief through settlement.
  • Represented major pharmaceutical manufacturer in antitrust dispute over patent licensing. After extensive portion's of plaintiff's claim were rejected on summary judgment, plaintiff dismissed the suit.
  • Represented a major pharmaceutical manufacturer in an international patent/Lanham Act dispute involving generic drug competition. Obtained multimillion dollar settlement for client.
  • Numerous cases in fields of antitrust, patents, intellectual property and trade secrets.

International Antitrust Counseling and Litigation.  Experience with cross border mergers and cartel investigations.

  • Secured DOJ agreement not to prosecute alleged individual participant in European cartel.
  • Counseled major airline on coordination of US and EU merger efficiencies strategies; merger cleared in both jurisdictions.
  • Counseled U.S. buyer on EC competition rules regarding “creeping takeover” of public European company.
  • Resident in France and Belgium 2005-06 as Fulbright visiting lecturer in competition law (France) and to develop H&W international antitrust practice (Belgium).  Admitted to practice as a foreign qualified attorney in Belgium.
Additional Experience
  • University of Virginia, Adjunct Professor, 2007 to present 
    • Teach seminar on “Antitrust in the Global Economy”
  • University of Toulouse, Toulouse, France
    • Fulbright Visiting Lecturer in competition law, August 2005 to February 2006
  • University of Richmond, Adjunct Professor, 2001 to 2003
    • Adjunct Professor of antitrust law and appellate advocacy
Background
  • Hunton & Williams, Brussels, Be., Washington, D.C. and Richmond, Va.
    • Partner, previously associate, 1997-2003; 2006 to present
  • Federal Trade Commission, Washington, D.C
    • Senior Litigation Counsel, 2003 to 2005
    • Served as top Commission antitrust trial lawyer, responsible for both supervising and directly handling the Commission's most complex antitrust litigation

Prior Employment

  • Associate, Thompson & McMullan, 1995 to 1997
  • Trial Attorney, United States Department of Justice, 1992 to 1995
  • Law Clerk, Honorable Levin H. Campbell, United States Court of Appeals, First Circuit, 1991 to 1992
Membership
  • Member, Virginia State Bar
  • Member, American Bar Association, Antitrust Section
  • Member, District of Columbia Bar
Education
  • J.D., University of Virginia, Articles Review Board, Virginia Law Review, Awarded Roger and Madeline Traynor prize for outstanding written work, 1991
  • B.A., Dartmouth College, cum laude, 1986
Languages
  • Fluent in French; conversational knowledge of Spanish


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