Ray V. Hartwell, III

Partner

Contact

  • Washington, DC
    p202.955.1629
    f202.778.2201
  • Washington, DC
    p202.955.1629
    f202.778.2201

Ray's practice focuses on antitrust and competition law investigations, litigation, and counseling. He has substantial experience in internal investigations and corporate compliance matters, complex litigation, and the antitrust merger review process.

At the invitation of the Department of Justice, Mr. Hartwell participated as one of three United States non-governmental advisors at the International Competition Network’s Cartel Workshop in Yokohama, Japan in October 2010, where he served as a panel leader on the subject of leniency applications. Mr. Hartwell was on the Steering Committee for the ABA/IBA International Cartel Workshop, held in Vancouver, British Columbia in February 2012. He is a member of the Council of the ABA Section of Antitrust Law, and a past chair of both the Cartel and Criminal Practice Committee and the Compliance and Ethics Committee.

Mr. Hartwell also served as a panelist on criminal antitrust enforcement at the National White Collar Crime Institute in March 2011, moderated a panel on “Judicial Activism in Cartel Cases” at the 2012 ABA Antitrust Section Spring Meeting in Washington, DC in March 2012, and will be a panelist on cartel enforcement issues at the Fordham Competition Law Institute Annual Conference in New York in September 2012.

Mr. Hartwell has served as a member of the Board of Trustees of Washington and Lee University, where he is currently a Trustee Emeritus.

Before attending law school, Mr. Hartwell served in the United States Navy, where he was antisubmarine warfare and nuclear weapons officer on a guided missile destroyer.

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.
  • 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.
  • 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.
  • Representation of major European and Asian corporations and their North American subsidiaries in international cartel and criminal antitrust investigations.
  • 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). 
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