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.
Antitrust Alert: U.S. Appeals Court Says Refusal to Sell Larger Package Sizes to All Customers Not Illegal Discrimination Under Robinson-Patman Act
Antitrust Alert: Are Club Packs a Promotional Service? Allegation Upheld in Price Discrimination Case
Antitrust Alert: U.S. Federal Court Provides Guidance on Treating Joint Ventures as a "Single Entity" for Antitrust Purposes
Antitrust Alert: Federal Appeals Court Reaffirms Flexible Legal Standard for Restraints in Competitor Collaborations
Supreme Court Leaves in Place Third Circuit Rule Welcoming Challenges to Foreign Conduct into U.S. Courts
- January 21, 2010
Price Floors, Ceilings and Differences: Counseling Clients in a Climate of Change, Northeast Ohio Association of Corporate Counsel
"Top-drawer" antitrust specialist — Chambers USA
- The Ohio State University (J.D. summa cum laude 1979; Order of the Coif; Note and Comment Editor, Law Journal); University of Hartford (B.Mus. 1976)
Chambers USA (Band 1, Ohio, 2007-2017)
Legal 500 USA (2016-2017)