From his law review note on antitrust injury to current litigation concerning allegations of per-se violations of Sherman Act § 1 by oil and gas exploration companies, antitrust litigation has been a focus of Mr. McGuinness’ legal interests for over 20 years.  Mr. McGuinness has been named among the best antitrust litigators in Michigan by Best Lawyers, a publication of U.S. News & World Reports, based upon peer evaluations.  Services include:

  • Prosecution and defense of direct Sherman Section 1 & 2 and Clayton Act claims, and parallel claims under Michigan Antitrust Reform Act and similar state laws, in both class and individual actions;

  • Defense and prosecution of indirect purchaser claims under state Illinois Brick repealer statutes and unfair competition laws;

  • Litigation of class certification determinations for direct and indirect purchaser putative classes;

  • Selection, preparation, and defense of expert witnesses (economists, etc.), and cross-examination of adverse expert witnesses in antitrust cases, including Daubert hearings.”

Representative clients include:  Abbott Laboratories, Aventis Pharmaceuticals, Oakwood Hospitals, Nailco, Zaremba Equipment Group, Elmwood Cemetery, Whirlpool Corp.

Recent publications and presentations in this area include:

  • Moderator, ABA Class Action Institute (Chicago, Oct. 2012):  Application of Daubert to Class Certification Hearings;
  • Supreme Court Reverses Class Certification in Comcast v. Behrend, ABA Class Actions and Derivative Suits Committee. Read the article here.