Michelle K.Fischer

Partner

(T) + 1.216.586.7096 (F) + 1.216.579.0212

For nearly 30 years, Michelle Fischer has tried, litigated, and counseled on a broad spectrum of antitrust issues involving such industries as auto parts, gasoline, distribution, food products, pharmaceuticals, chemicals, and tobacco. She has extensive experience in class and individual litigation, governmental investigations, and price-fixing, price discrimination, monopolization, intellectual property, distribution, tying, and exclusive dealing matters. Michelle also co-coordinates the Firm's practice involving application of antitrust law to intellectual property issues. As reported by Chambers USA, clients laud Michelle for being "extremely sharp, a very good writer and very good on her feet."

Michelle's experience includes litigating in federal district and appellate courts, including as trial counsel for: sanofi-aventis in successfully defeating a class claim that the company engaged in monopolization by filing a sham FDA citizen's petition, R.J. Reynolds in successfully defeating a retail price discrimination claim, Schwarz Pharma in prosecuting antitrust counterclaims in an infringement lawsuit, and MTF in defending against infringement claims. Other exemplary experience includes successfully obtaining summary judgment for Cardinal Health on bundling claims (affirmed on appeal), defeating class certification on behalf of Alderwoods in a price-fixing case, obtaining summary judgment for RJR on wholesale price discrimination claims (affirmed on appeal), defending Yazaki against criminal and civil price-fixing claims, and resolving state Attorney General claims premised on information exchange.

Michelle served two terms as chair of the Ohio State Bar Association's Antitrust Section Council. She also has written and/or presented on various antitrust issues, including class actions, issues at the intersection of antitrust and intellectual property law, private antitrust enforcement, criminal antitrust investigations, sentencing corporate antitrust defendants, and price discrimination.

Experience

  • Cardinal Health defends against antitrust conspiracy putative classJones Day is defending Cardinal Health in antitrust conspiracy litigation brought by a putative class in 2018.
  • 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.
  • Cardinal Health successfully defends bundled pricingJones Day represented Cardinal Health, Inc. in antitrust litigation commenced by competitor Suture Express in Kansas federal court in December 2012.
  • 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.
  • Procter & Gamble settles patent infringement and antitrust claims related to teeth whitening stripsJones Day represented Procter & Gamble in patent infringement litigation against CAO Group for infringement of certain patents relating to teeth whitening strips.
  • 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.
  • Yazaki defends against antitrust investigationsJones Day represented Yazaki Corporation and its U.S. subsidiary, Yazaki North America, Inc. ("YNA"), in connection with a criminal antitrust investigation by the U.S. Department of Justice into alleged bid rigging and price fixing related to automotive wire harnesses and certain so-called "related products," carried out at the same time as similar investigations by foreign antitrust enforcers in Japan, Europe and Canada.
  • Zimmer wins judgment on pleadings dismissing untimely unfair competition claimsOn January 20, 2011, Judge Stanton Wettick of the Commerce and Complex Litigation Center of the Allegheny County Court of Common Pleas granted a motion for judgment on the pleadings dismissing the final claims pending against Jones Day clients Zimmer and Zimmer-Randall Associates ("Zimmer"), along with all other defendants, in litigation asserting improper and unfair competition.
  • Zimmer wins dismissal of federal antitrust and RICO litigation in Third CircuitOn June 1, 2010, the U.S. Court of Appeals for the Third Circuit, in a 3-0 decision, affirmed a dismissal with prejudice of federal antitrust and Racketeer Influenced and Corrupt Organizations Act (RICO) claims brought against Jones Day client Zimmer, Inc., denied plaintiffs leave to amend on remand, and directed entry of judgment in favor of the defendants with costs.
  • 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.
  • Boehringer Ingelheim Pharmaceuticals obtains dismissal of antitrust claims alleging sham litigation, brought by direct and indirect purchasersOn behalf of Boehringer Ingelheim Pharmaceuticals, Inc., Jones Day obtained dismissal of direct and indirect purchaser class actions in cases alleging that Boehringer brought sham litigation to maintain an unlawful monopoly.
  • Boehringer Ingelheim defends antitrust litigation involving Mirapex® patentsJones Day represented Boehringer Ingelheim GmbH as antitrust defense counsel in litigation brought by the generic drug manufacturer Mylan claiming that Boehringer Ingelheim wrongfully enforced patents against Mylan for its drug Mirapex® to exclude generic competition from the market in violation of Sections 1 and 2 of the Sherman Act.
  • 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.
  • Schwarz Pharma defends against patent infringement suit, prosecutes antitrust counterclaims involving GlycoLax®Jones Day represented Schwarz Pharma, Inc. in a patent infringement action and in prosecuting antitrust and state law counterclaims premised on Braintree's maintenance of sham infringement litigation.
  • Alderwoods defeats class certification motions in antitrust actions by consumers and casket distributorsJones Day defended Alderwoods Group, Inc. against companion antitrust class actions, one by consumers and the other by independent casket distributors (ICDs), against allegations that Alderwoods conspired with other funeral home defendants and with a casket manufacturer to fix the price of caskets at artificially high levels, to engage in a group boycott of ICDs, and to violate California's unfair competition law.
  • 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.
  • R.J. Reynolds Tobacco summary judgment in Tennessee price discrimination case by cigarette wholesalers is affirmed by Sixth CircuitJones Day successfully defended R.J. Reynolds Tobacco Company (RJR) in response to Robinson-Patman claims filed in the United States District Court for the Eastern District of Tennessee by more than 20 cigarette wholesalers.
  • R.J. Reynolds Tobacco summary judgment against discount stores' antitrust suit is affirmed by Seventh CircuitJones Day successfully defended R.J. Reynolds Tobacco Company (RJR) against Sherman Act and Robinson-Patman counterclaims filed by a retail chain of discount tobacco stores known as Cigarettes Cheaper (CC).
  • Musculoskeletal Transplant Foundation defends against patent infringement claims related to bone-cleaning and demineralization technologyJones Day represented the Musculoskeletal Transplant Foundation, Inc. (MTF), a non-profit tissue bank, in defending against claims of patent infringement brought by another non-profit tissue bank for technology relating to bone-cleaning and demineralization.
  • Speaking Engagements

    • October 20, 2016
      "A Winning Hand or a Flop?" After 50 Years, Are Class Actions Still Legit?, panelist, ABA 20th Annual National Institute on Class Actions
    • October 2016
      A Winning Hand or a Flop? After 50 Years, Are Class Actions Still Legit?, ABA's 20th Annual National Institute on Class Actions
    • December 1, 2015
      Antitrust Counseling: From the Easy Ones to the Head-Scratchers, Jones Day CLE Academy
    • December 2, 2014
      Antitrust Counseling: Answers to Difficult Problems, Jones Day CLE Academy
    • 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
      Competitor Collaborations and Competitive Restraints, panelist, sponsored by Strafford
    • June 7, 2012
      Jones Day Chicago 2012 MCLE University
    • March 15, 2012
      You Just Discovered Your Company Might Be Involved in a Criminal Antitrust Conspiracy and Maybe More; Now What?, Northeast Ohio Association of Corporate Counsel
    • January 21, 2010
      Price Floors, Ceilings and Differences: Counseling Clients in a Climate of Change, Northeast Ohio Association of Corporate Counsel (NEOACC)
    • December 9, 2009
      Key Issues at the Intersection of Antitrust and International Property Law, Jones Day CLE Institute
    • November 6, 2009
      Class Wars: Has the Standard for Class Certification Changed?, moderator, First Annual Great Lakes Antitrust Institute, sponsored in part by the Ohio State Bar Association
    • June 5, 2008
      Proving Relevant Product and Geographic Markets, ALI-ABA: Trying and Winning a Civil Antitrust Case
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