Eric Grannon helps clients with civil and criminal antitrust defense, mergers and acquisitions, and settlements of pharmaceutical patent litigation. He began at White & Case as a summer associate in 1997 and has been a partner since 2007. He returned to the firm after serving as Counsel to the Assistant Attorney General in charge of the Antitrust Division of the US Department of Justice.
- Counsel of record in FTC v Actavis, 133 S Ct 2223 (2013), which rejected the FTC's presumption of illegality in favour of the rule of reason.
- Successfully argued motion for summary judgment against the sham-litigation claims of private plaintiffs in AndroGel Antitrust Litigation, 888 F Supp 2d 1336 (ND Ga 2012).
- Successfully argued against the FTC's appeal in FTC v Watson Pharm, 677 F3d 1298 (11th Cir 2012).
- Successfully argued a motion to dismiss in AndroGel Antitrust Litigation, 687 F Supp 2d 1371 (ND Ga 2010).
- Defended clients and their executives in six FTC investigational hearings.
- Lead counsel for more than two dozen pharmaceutical patent settlements that have avoided challenge by the FTC and class-action bar.
Antitrust Matters in the US Supreme Court
- Co-lead counsel for petitioners in the defence win in Stolt-Nielsen v AnimalFeeds Int'l, 130 S Ct 1758 (2010), which changed US law by making it more difficult for plaintiffs to assert class-action claims in arbitration.
- Mr Grannon has worked on eight antitrust matters before the US Supreme Court.
- Lead counsel for a Taiwanese semiconductor manufacturer in both the DOJ's SRAM antitrust grand jury investigation (which concluded in no indictment despite the cooperation of the amnesty applicant) and the parallel class-action litigations.
- Co-lead counsel defending a non-US executive in DOJ's DRAM investigation. Lead author of successful motion for a bill of particulars forcing the Antitrust Division to supplement its barebones, formulaic indictment with detailed factual allegations. United States v Kim, No 06-0692 (ND Cal Mar 1, 2007).
- Counsel in United States v Stolt-Nielsen, 524 F Supp 2d 609 (ED Pa 2007) (successfully enforcing amnesty agreement against DOJ's attempted revocation).
Mergers & Acquisitions
- Lead merger counsel obtaining early termination of the HSR waiting period for review of Iron Mountain Inc's acquisition of Archives One, Inc; anticipated and resolved DOJ's market share concerns within two days.
- Counsel in United States v Sungard, 172 F Supp 2d 172 (DDC 2001) (defeating DOJ's merger challenge)