Brian K.Grube

Partner

Cleveland + 1.216.586.7784

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Brian Grube represents clients in antitrust matters of all kinds. From trials and litigation, to government investigations (civil and criminal), to counseling, Brian works to understand and achieve clients' objectives across a variety of industries, including most recently, the automotive, aerospace, telecommunications, health care, mining, pharmaceuticals, and financial services sectors.

Brian's recent litigation matters include defending an auto parts manufacturer against price-fixing claims; defeating, on summary judgment, sham litigation claims alleged against a cable television provider; and defeating at trial monopolization claims alleged against a credit reporting services provider. He also routinely counsels clients on joint ventures, antitrust compliance, distribution and pricing policies, and intellectual property licensing.

Before joining Jones Day, Brian served as an attorney advisor in the United States Federal Trade Commission's (FTC) Office of Policy Planning, where he helped develop the Competitor Collaboration Guidelines issued by the FTC and the Antitrust Division of the United States Department of Justice, and as a staff attorney in the Bureau of Competition, where he participated in merger investigations and non-merger litigation in the high-technology sector.

Brian maintains an active pro bono practice focusing on immigration and asylum and criminal justice matters. He is a member of the Antitrust Law Section of the American Bar Association, currently serving on its Long Range & Strategic Planning Committee, a Fellow of the American Bar Foundation, and a member of the Antitrust Section of the Ohio State Bar Association.

Experience

  • Yazaki successfully resolves automaker lawsuit alleging price-fixing and bid riggingJones Day represented Yazaki Corporation and Yazaki North America, Inc. in successfully resolving a civil antitrust lawsuit brought by an automaker following Jones Day's filing of motions for summary judgment and to exclude the plaintiff's sole expert witness.
  • Sanofi defends proposed class action alleging improper Orange Book listings and sham patent litigationJones Day is defending Sanofi-Aventis U.S. LLC against a proposed class action alleging that Sanofi improperly listed certain patents in the FDA's Orange Book and engaged in sham patent litigation to forestall competition for its diabetes drug, Lantus.
  • Cable company wins favorable U.S. Supreme Court ruling denying plaintiff’s "sham litigation" appealThe U.S. Supreme Court on April 23, 2018, denied the request of a Puerto Rican telecommunications company to hear the appeal of its claims against Jones Day client San Juan Cable, a subsidiary of Liberty Global (the world's largest international TV and broadband company), bringing an end to the long-running antitrust case. 
  • CAE enforces antitrust claims and defends trade secret and copyright claims against Gulfstream Aerospace Corp.Jones Day successfully represented CAE Inc., a global leader in the development and manufacture of aviation flight simulators and pilot training programs, in enforcing antitrust claims and defending trade secret and copyright claims against Gulfstream Aerospace Corp. involving the Gulfstream G650 business jet.
  • Cuban refugee facing years of government persecution granted asylum and has appeal waivedJones Day successfully assisted client D., a Cuban refugee who endured years of government persecution, in being granted asylum.
  • Jones Day obtains presidential commutation reducing client’s mandatory life sentence for nonviolent drug-related offenses to a term of 240 monthsOn December 19, 2016, the U.S. Office of the Pardon Attorney notified a Jones Day team that President Obama had granted their client’s clemency petition reducing his mandatory life sentence to a term of 240 months.
  • Goodyear prevails in long-running dealer termination disputeJones Day obtained the dismissal of a long-running lawsuit filed by a California distributor challenging The Goodyear Tire & Rubber Company's termination of its dealer contracts as breaches of contracts, tortious interference, and violations of California unfair competition and federal antitrust law.
  • Liberty Global defends antitrust class action brought by cable services subscribersJones Day is defending Liberty Global, Inc. subsidiary Liberty Cablevision of Puerto Rico in an antitrust lawsuit in which the plaintiff alleges monopolization and exclusionary conduct in a claimed market for cable television services in Puerto Rico.
  • Yazaki defends against automotive wire harness antitrust class actionsJones Day represents Yazaki North America and Yazaki Corporation in connection with numerous antitrust class action complaints alleging that Yazaki and other auto parts manufacturers violated the Sherman Act by engaging in bid-rigging and price-fixing in sales of automotive wire harnesses and related products.
  • Experian wins unanimous dismissal of antitrust claim in Nebraska Supreme CourtOn March 22, 2013, the Nebraska Supreme Court unanimously rejected an antitrust claim brought against Jones Day client Experian Information Solutions, Inc. (“Experian”).
  • SiriusXM Radio resolves antitrust class action litigation related to 2008 mergerJones Day defended Sirius XM Radio Inc. against a class action, treble damages lawsuit filed by satellite radio subscribers, claiming that the 2008 merger of satellite radio providers Sirius and XM violated the antitrust laws and that after the merger the company had imposed certain allegedly anticompetitive price increases.
  • Lenovo defends infringement claims by CIF Licensing over patent for MPEG data compression technologyJones Day represented Asia computer manufacturer Lenovo Group, LTD and Lenovo, Inc. in a patent infringement action brought by CIF Licensing, L.L.C. involving MPEG data compression technology.
  • Bayer defends antitrust litigation involving sales of BR and SBR synthetic rubber productsJones Day is defending Bayer AG and certain of its U.S. affiliates in antitrust litigation filed by a tire manufacturer in a U.S. court, but based on a decision issued by the European Commission.
  • sanofi-aventis wins unanimous jury verdict in Arava antitrust litigationJones Day defended sanofi-aventis in an antitrust jury trial involving the claims of a class of drug wholesalers that sanofi had unlawfully blocked generic competition for its rheumatoid arthritis drug Arava.
  • Allied Waste obtains defense verdict after trial in antitrust suit by independent waste haulerJones Day obtained a complete defense verdict for Allied Waste Industries during a three-week antitrust trial in Boston.
    • View All

    May 2021 External Publications

    ABA Antitrust Spring Meeting: Enforcers Roundtable Takeaways, The M&A Lawyers, Vol. 25, Issue 5

    January 2013 Alert

    Antitrust Alert: Federal Appeals Court Reaffirms Flexible Legal Standard for Restraints in Competitor Collaborations

    Additional Publications

    • December 2015
      Manual of Federal Trade Commission Practice, 21-6th C.P.S., Bloomberg BNA
    • December 2011
      Manual of Federal Trade Commission Practice, 21-5th C.P.S., BNA
    • August 2009
      Joint Comments of the ABA Sections of Antitrust Law and International Law on the Canadian Competition Bureau's Draft Competitor Collaboration Guidelines, editor

    Speaking Engagements

    • March 26, 2021
      Moderator, Enforcers’ Roundtable, 70th Annual ABA Antitrust Law Section Spring Meeting
    • November 19, 2020
      Preventing Pricing and Promotional Pandemonium in a Pandemic and Post-Pandemic World, Jones Day CLE Academy
    • April 28, 2020
      Moderator, Hot Topics, 69th Annual ABA Antitrust Law Section Spring Meeting
    • December 3, 2019
      The Antitrust Hot Stove . . . Do You Know Enough To Avoid Getting Burned?, Jones Day CLE Academy
    • November 27, 2018
      Antitrust Counseling Conundrums and Perplexing Problems, Jones Day CLE Academy
    • May 2017
      US Antitrust Enforcement in the Current Environment and What to Expect in the Trump Administration, CLE Academy
    • April 7, 2016
      Mock trial, Trial Practice Committee, 64th ABA Section of Antitrust Law Spring Meeting
    • March 11, 2016
      Health Care Antitrust, 2016 Health Care Law Institute, Cleveland Metropolitan Bar Association
    • December 1, 2015
      Antitrust Counseling: From the Easy Ones to the Head-Scratchers, Jones Day CLE Academy
    • October 21, 2015
      Mock trial, Antitrust Law & Economics Institute for Judges, ABA Section of Antitrust Law, Federal Judicial Conference, and Law & Economics Center, George Mason University School of Law
    • April 16, 2015
      Mock trial, Trial Practice Committee, 63d ABA Section of Antitrust Law Spring Meeting
    • December 2, 2014
      Antitrust Counseling: Answers to Difficult Problems, Jones Day CLE Academy
    • October 8, 2014
      Mock trial, 2014 Antitrust Law & Economics Institute for Judges, ABA Section of Antitrust Law and Law & Economics Center, George Mason University School of Law
    • June 13, 2014
      Antitrust Counseling: Answers to Difficult Problems, Jones Day MCLE University
    • March 27, 2014
      Mock trial, Trial Practice Committee, 62nd ABA Section of Antitrust Law Spring Meeting
    • December 4, 2013
      Ten Tips to Make Antitrust Compliance Simple & Effective, Jones Day CLE Academy
    • April 23, 2013
      Antitrust Compliance: 10 Tips to Make Your Program Simple and Effective
    • March 6, 2013
      Panelist, Competitor Collaborations and Competitive Restraints
    • March 15, 2012
      You Just Discovered Your Company Might Be Involved in a Criminal Antitrust Conspiracy and Maybe More: Now What?, panelist, Northeast Ohio Association of Corporate Counsel
    • July 6, 2010
      Telephonic conference panel discussion on Competitor Collaboration Guidelines, moderator, co-sponsored by the ABA Section of Antitrust Law's Joint Conduct, Economics, and International Committees and the Canadian Bar Association's National Competition Law Section - Economics and Law Committee
    • January 21, 2010
      Price Floors, Ceilings and Differences: Counseling Clients in a Climate of Change, Northeast Ohio Association of Corporate Counsel

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