For more than 30 years, Michelle Fischer has tried, litigated, and counseled on a broad spectrum of antitrust issues involving industries that include 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, IP, distribution, tying, and exclusive dealing matters. Michelle co-coordinates the Firm's practice involving application of antitrust law to IP issues. Per Chambers USA, clients laud Michelle, most recently as "fantastic," and a lawyer who is "very focused, understands [their] business really well and gives very practical advice."
Michelle's experience includes litigating in federal courts, including as trial counsel for: sanofi-aventis (defeating class claim that sanofi-aventis monopolized by filing a sham U.S. Food and Drug Administration (FDA) citizen's petition); RJR (defeating retail price discrimination claim); Schwarz Pharma (prosecuting antitrust counterclaims in an infringement lawsuit), and MTF (defending infringement claims). Other exemplary experience includes obtaining summary judgment for Marathon and excluding Kentucky’s sole expert in a Sherman Act Section 1-2 case; obtaining summary judgment for Cardinal Health on bundling claims (affirmed); defeating class certification for Alderwoods in a price-fixing case; obtaining summary judgment for RJR on wholesale price discrimination claims (affirmed); defending Yazaki against criminal and civil price-fixing claims; and resolving state Attorney General claims premised on information exchange.
Michelle twice served as chair of the Ohio State Bar Association's Antitrust Section Council. She has written and/or presented on various antitrust issues, including price discrimination, class actions, antitrust/IP, private antitrust enforcement, criminal antitrust investigations, and sentencing corporate antitrust defendants.
執業經驗
- 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
The "fantastic" Michelle Fischer is "extremely sharp, a very good writer . . . very good on her feet" and someone who "gives very practical advice."Chambers USA
- The University of Chicago (J.D. with honors 1989); Yale University (B.A. magna cum laude with distinction in Economics 1986)
- Ohio; District of Columbia; U.S. Courts of Appeals for the Third, Sixth, Seventh, and Tenth Circuits; and U.S. District Courts for the Northern District of Ohio and the Eastern District of Michigan
Lawdragon — "500 Leading Litigators in America" (Antitrust & IP, including Investigations & Litigation, 2022-2023)
Best Lawyers in America (Antitrust Law, 2013-2023), including 2014, 2021, and 2022 "Lawyer of the Year," Antitrust Law, Cleveland
Chambers USA (2016-2023): Litigation: Antitrust (Ohio) (Band 1)
Concurrences Review/George Washington University Antitrust Writing Awards: Best Antitrust Business Article, Private Enforcement (2016), Business — Concerted Practices/Cartels (2014)
Chair, Ohio State Bar Association Antitrust Section (2008-2009, 2007-2008)