ThomasDemitrack (Tom)

Partner

(T) + 1.216.586.7141 (F) + 1.216.579.0212

Tom Demitrack has defended companies in antitrust trials in federal and state courts, including in government challenges to mergers. Tom has also led the defense of companies in antitrust cases brought by private parties, either individual firms or in a class setting, working collaboratively with clients to develop and then navigate an effective legal defense. Those cases have raised horizontal issues and claims of single firm conduct, including claims of monopolization and price discrimination. Tom also has substantial experience in the defense of class action claims. In recent years, Tom has defended lawsuits raising issues under the Telephone Consumer Protection Act. Tom is the Firm’s Professional Services Partner. He is also the coordinator of the antitrust practice in Jones Day's Cleveland Office.

Tom has handled antitrust cases raising a broad range of health care issues in recent years, including the defense of Premier Health and Centura Health in antitrust litigation filed by competitors against those companies. Tom also represented Aetna in the DOJ’s challenge to the merger of Aetna and Humana, and he has handled antitrust litigation for Liberty and antitrust and consumer-related litigation for SiriusXM Radio. In addition, Tom has handled cases involving a number of other industries, including for clients in appliances, credit reporting services, farm equipment, and tobacco products.

Tom has spoken on antitrust topics and on conflicts of interest issues at continuing legal education and client programs.

Experience

  • Premier Health Partners wins antitrust appeal in Sixth Circuit, affirming dismissal of suit targeting managed care contracts with insurersJones Day client Premier Health Partners obtained a win in an important antitrust appeal before the U.S. Court of Appeals for the Sixth Circuit.
  • SiriusXM successfully defends lawsuit relating to trial subscribers' contact informationJones Day successfully defended and obtained affirmance on behalf of Sirius XM Radio Inc. in a putative class action alleging violations of the Driver's Privacy Protection Act ("DPPA").
  • R.J. Reynolds successfully defends dismissal of unfair trade practices suit in Fifth Circuit appealOn July 10, 2019, the Fifth Circuit unanimously ruled in favor of Jones Day client R.J. Reynolds Tobacco Company (RJRT), affirming the district court's dismissal of a suit brought by Caldwell Wholesale Company, L.L.C. (Caldwell).
  • 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. 
  • SiriusXM Radio prevails before D.C. Circuit in challenge to TCPA orderOn March 16, 2018, the D.C. Circuit unanimously ruled in favor of Jones Day’s client Sirius XM Radio Inc. in its challenge to the Federal Communications Commission’s order interpreting the Telephone Consumer Protection Act.
  • SiriusXM Radio completes $480 million strategic investment in PandoraJones Day represented Sirius XM Radio Inc. as antitrust counsel in its $480 million investment in Pandora, a leading U.S. provider of ad-supported digital radio.
  • 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.
  • Electrolux attempts acquisition of GE appliances businessJones Day represented Swedish appliance maker AB Electrolux as antitrust and labor counsel in its attempted $3.3 billion acquisition of the appliances business of General Electric.
  • 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.
  • SiriusXM Radio obtains summary judgment in shareholders derivative lawsuit filed against their directorsJones Day obtained summary judgment in a shareholders derivative lawsuit filed against the directors of Sirius XM Radio Inc.
  • Sodexo obtains Third Circuit reversal in Robinson-Patman Act caseOn January 7, 2010, the U.S. Court of Appeals for the Third Circuit, in a 3-0 decision, reversed a district court's judgment against Sodexo, Inc., and another defendant in a Robinson-Patman Act (RPA) bench trial and directed entry of judgment in favor of the defendants.
  • Bayer wins summary judgment against pest control operators antitrust class actionJones Day client Bayer Corporation and Bayer CropScience, L.P. won summary judgment in a case brought as a nationwide antitrust class action by pest control operators who had purchased Premise, a termiticide that Bayer manufactures.
  • Universal Electronics and Maxim purchase Zilog universal remote control and secure transaction businessesJones Day advised Universal Electronics Inc. in its $31 million acquisition, along with Maxim Integrated Products, Inc., of certain assets of Zilog, Inc.
  • 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.
  • Chevron and Unocal successfully resolve antitrust class actions regarding reformulated gasolineJones Day defended Union Oil Company of California, together with parent corporations Unocal Corporation and Chevron Corporation, in 14 federal (MDL) and state court class actions, all of which were patterned after a March 2003 FTC administrative complaint (i.e., FTC Docket No. 9305).
  • Experian wins appeal of California antitrust action filed by consumer credit report resellersJones Day led the defense of Experian Information Solutions, Inc. against antitrust cases filed in March 2004 in federal court and state court in California by resellers of consumer credit reports on behalf of a class of resellers (the federal case) and by a trade association of resellers (the state case).
  • Eastman Chemical resolves sorbates price-fixing litigationJones Day represented Eastman Chemical Company as national coordinating and trial counsel in a variety of federal and state cases brought by direct purchasers, indirect purchasers, and a number of state Attorneys General alleging price fixing in the sorbates industry.
  • 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.
  • Macy's wins jury verdict in antitrust group boycott litigation involving fine china tablewareCulminating nearly three years of active litigation, Jones Day obtained a jury verdict after a two-week trial on an antitrust group boycott claim filed by a consumer class against Macy's (formerly known as Federated Department Stores) and The May Company (which Macy's later acquired in 2005).
  • Speaking Engagements

    • 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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