Gerald A. Stein

Senior Counsel
Norton Rose Fulbright US LLP

New York
United States
T:+1 212 318 3036
New York
United States
T:+1 212 318 3036
Gerald A. Stein

Gerald A. Stein

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Biography

Gerald A. Stein is a senior counsel in the Antitrust and Competition Group in Norton Rose Fulbright's New York office.  Gerald's comprehensive career as an antitrust litigator and a government enforcer enables him to represent and counsel clients in a full array of antitrust matters including state and federal litigation, class action and multidistrict litigation, merger and acquisition antitrust analysis, counseling, compliance, government investigations and enforcement proceedings in a wide variety of industries. 

Gerald is a senior-level litigator with decades of litigation and counseling experience.  Before joining our firm's Antitrust and Competition Practice Group, Gerald was an attorney with the Bureau of Competition at the Federal Trade Commission for more than eight years, where he investigated and litigated a variety of antitrust matters including mergers and acquisitions and anticompetitive conduct.  Prior to that, while in private practice at other prominent law firms, he represented major corporations in all aspects of private antitrust actions (including class actions and multidistrict litigation) involving alleged violations of Sherman Act Sections 1 and 2 regarding claims of price fixing, monopolization, boycotts, refusals to deal, and unfair and deceptive trade practices in various industries, including industrial chemicals, industrial ventilation systems, rental cars, air cargo, airline passengers, automotive filters and healthcare.  He has significant experience developing factual defenses, drafting and arguing motions, working with expert economists and taking depositions.


Professional experience

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JD, cum laude, Pace University School of Law, 1993
BA, political science, Tufts University, 1988

Admitted to the State of New York, 1994; U.S. Court of Appeals for the Second Circuit; U.S. District Court for the Southern and Eastern Districts of New York.

  • New York State Bar

Some representative examples of Gerald's extensive experience in mergers and acquisitions and litigation include the following:

Mergers and Acquisitions:

While at the Federal Trade Commission:

  • Reviewed and investigated proposed and consummated mergers in a variety of industries including healthcare, retail pharmacies, prescription eyeglass lenses, consumer product market research, information services, intellectual property, sporting goods, hospitals, physician practice groups, and laboratory testing services.
  • Reviewed and investigated purported anticompetitive conduct under the Sherman Act, the Clayton Act and the FTC Act, including refusals to deal, exclusionary conduct and product tying.
  • Conducted investigational hearings and interviewed market participants, including merging parties, customers and competitors, to develop factual bases for product and geographic market definitions, competitive effects and barriers to entry; collaborated with expert economists to analyze and develop market data; negotiated with opposing counsel to reach consent agreements.
  • Prosecuted enforcement actions under Part 3 of the FTC Act, including preparing administrative complaints, declarations, discovery and motion practice.
  • Represented the FTC at preliminary injunction hearing seeking to prevent the merger of two hospital systems.
  • Handled general complex commercial litigation in a wide variety of areas including breach of contract, civil RICO, fraud, consumer credit, health care, products liability, non-compete agreements, adversary proceedings, and state and federal class action defense. Responsible for all aspects of pre-trial, trial and appellate practice.
  • A senior member of the pre-trial and trial team in the Federal Trade Commission's motion for a preliminary injunction in Federal District Court in the Middle District of Pennsylvania and complaint for administrative relief before the FTC to block a proposed merger between two major hospital systems in Central Pennsylvania.  Deposed several key adverse witnesses and cross-examined a key witness at trial.

While in Private Practice:

  • Counseled investor regarding antitrust risks of an acquisition of a web-based consumer-facing products and services platform
  • Represented seller during investigation and second request involving high-tech computer software and hardware
  • Counseled seller during deal formation and closing of oil and gas pipeline
  • Counseled seller during deal formation and closing of transaction in aviation business

Counseling:

  • Counseled medical device manufacture with antitrust issues regarding various strategic acquisitions
  • Counseled insurer regarding potential exposure to antitrust claims
  • Counseled pharmaceutical company on various Robinson-Patman pricing issues
  • Counseled large-scale manufacturer concerning joint bidding
  • Counseled large retailers concerning resale price maintenance (RPM) and minimum advertised price (MAP) programs

Litigation:

  • Represented a pharmaceutical company in a multidstrict litigation alleging market allocation and price fixing generic pharmaceuticals.
  • Represented a product manufacturer in a multidistrict litigation alleging market allocation and price fixing in aftermarket automotive filters.
  • Represented an insurer in a federal antitrust litigation alleging violations of Sherman Act sections 1 and 2 and tortious interference with prospective business relationships and civil conspiracy arising out of exclusive dealing contracts that excluded the plaintiff.
  • Represented a major rental car company with respect to an alleged federal and state price-fixing conspiracy to pass on tourism fees to consumers without properly disclosing pricing information.
  • Represented an industrial chemical manufacturer in a federal antitrust price-fixing action arising out of a Department of Justice investigation of a criminal conspiracy to artificially maintain the price of polyester polyols.
  • Represented an industrial chemical manufacturer in a federal antitrust price-fixing action arising out of an alleged conspiracy to fix, raise, maintain, and stabilize the price of EPDM at artificially high and non-competitive levels.
  • Represented a micro-chip manufacturer in a federal antitrust price fixing action arising out of an alleged conspiracy to control DRAM (Digital Random Access Memory) production capacity, raise prices, allocate customers, and unlawfully overcharge customers.
  • Represented a major commercial airlines in a multidistrict class action against foreign air carriers alleging violations of state antitrust and consumer protection laws for unlawfully imposing a surcharge on passenger airline tickets.
  • Represented a major commercial airlines in a federal multidistrict class action brought by air freight shipping services against foreign airlines alleging a conspiracy to fix prices in the form of fees charged to customers.
  • Represented a credit card company in a class action alleging violations of state competition and consumer laws based on a conspiracy and failure to adequately disclose currency conversion fees for foreign credit card transactions.
  • Legal 500, recommended lawyer, Antitrust: Civil Litigation/ Class Actions: Defense, The Legal 500, 2019
  • Legal 500, recommended lawyer, Antitrust: Merger Control, The Legal 500, 2019
  • Janet D. Steiger Award for outstanding contributions to trial team, Federal Trade Commission, 2017

Throughout Gerald's career, he has chaired, moderated and participated in numerous workshops, panels and continuing legal education programs, focusing primarily on litigation skills and antitrust law. Below are some examples of these programs.

  • Conference Chair and Moderator, "Fundamentals of Taking and Defending Depositions," Practising Law Institute, 2013-2019
  • Speaker, "Navigating Your Transaction throught the U.S. Antitrust Agencies," Lawline, 2019
  • Moderator, "Advocating Before the Agencies: White Papers and Meetings," ABA Section of Antitrust Law, Spring Meeting, 2019
  • Panelist, "When Can A Trademark Settlement Be Unlawful Collusion?" New York State Bar Association, Section of Antitrust Law, 2018
  • Faculty member, Antitrust Expert Training Academy, New York State Bar Association, 2018
  • Panelist, International In-house Counsel Journal, Management Conference, Antitrust Year in Review, 2016-2018
  • Guest Lecturer, Quinnipiac University School of Law, Antitrust Law, 2016-2018
  • Panelist, Introduction to Antitrust, New York State Bar Association, 2015-2018
  • Program Chair, "Do Efficiencies Ever Offset Potentially Anticompetitive Effects?" ABA Section of Antitrust Law, Spring Meeting, 2018
  • Program Chair/Moderator, "Strategically Fixing a Merger," ABA Section of Antitrust Law, Spring Meeting, 2017
  • Faculty, Merger Workshop, ABA Section of Antitrust Law, 2015
  • Panelist, "A Day of Social Media: What Every In-House Counsel Needs to Know," Assoc. of Corporate Counsel, 2014
  • Panelist, "Privacy Developments," Assoc. of Corporate Counsel, 2013
  • Panelist, "Competition Overview," Fordham Law School IP Conference, 2013
  • Panelist, "Antitrust Developments," Assoc. of Corporate Counsel, 2013
  • Panelist, "Get Out of Jail Free: An Examination of Foreign Sovereign Immunity under U.S. Antitrust Laws," ABA Section of Antitrust Law, Spring Meeting, 2012
  • Panelist, "A Day with the Federal Trade Commission," Assoc. of Corporate Counsel, 2011
  • Panelist, "Gun Jumping and Information Sharing" New York State Bar Association, Section of Antitrust, 2011
  • Guest Lecturer, University of Pennsylvania School of Law, Corporate Lawyering Seminar, Overview of U.S. Antitrust Laws, 2010
  • Panelist, "Taking and Defending Depositions," Practising Law Institute (2009-2012) and NYC Bar Association, 2009
  • Conference Co-Chair, "Antitrust in a Global Economy," IBA Antitrust Committee and ABA Section of Antitrust Law, 2009
  • Panelist, "Litigating and Trying Complex Civil Antitrust Class Actions," ABA Section of Antitrust Law, 2009
  • Panelist, "Lawyers Following Orders: Ethical Pitfalls and Practical Advice," NYC Bar Association, 2008 and 2009
  • Panelist, "The Art of Pleading: Tips and Techniques on How to Strategically Draft Your Pleadings," NYC Bar Association, 2008
  • Panelist, "Jury Consultants in Antitrust Litigation," ABA Section of Antitrust Law, Spring Meeting, 2008
  • Panelist, "Best Practices for Good Lawyering," NYC Bar Association, 2007
  • Steering Committee, Antitrust Litigation/Trial Practice Course, ABA Section of Antitrust Law, 2007
  • Panelist, "New York State Civil Appellate Practice," NYC Bar Association, 2004
  • American Bar Association, Section of Antitrust Law
    • Content Delivery Task Force: Vice-Chair (2016-present) and Member (2014-2016)
    • Long Range Planning Committee (2016)
    • Programs Committee: Chair (2011-2014) and Vice-Chair (2008-2011)
  • New York State Bar Association, Section of Antitrust Law
    • Member, Executive Committee
    • Chair, Unilateral Conduct Committee (2016-2018)
    • Chair, Mergers Committee (2013-2016)