Tim O'Mara

Mr. O’Mara’s extensive experience in complex antitrust matters includes representing: 

• Union Pacific, as co-trial counsel, in a purported multibillion-dollar price-fixing case related to fuel surcharges
• Live Nation, as lead counsel, in a suite of sprawling antitrust cases arising from its alleged market power in concert promotion and ticket sales 
• Ticketmaster in:
  • Defending a suite of consumer antitrust cases as lead counsel, including multiple putative class actions, involving various alleged competition-based claims, including tying, exclusive dealing, and attempted monopolization 
  • A suite of civil antitrust, fraud, and false advertising cases related to its refund policies, the onset of the COVID-19 pandemic, and the pandemic’s unprecedented impact on the live entertainment industry; defeated all of the cases on a series of successful motions to compel arbitration
  • An antitrust case arising from its alleged market power in artist presale ticketing services
  • A case related to an alleged conspiracy to preclude consumers from reselling Golden State Warriors tickets on StubHub, including filing a motion to dismiss on the ground that the complaint failed to allege a viable antitrust market, which the federal court granted in full
  • Defending antitrust exclusive dealing and tying claims brought by rival StubHub; motion to dismiss granted 
• Emerson Electric in defending:
  • A billion-dollar monopolization case related to alleged exclusive dealing contracts; in a complete defense victory, the matter was dismissed for zero compensation
  • An alleged group boycott and refusal to deal related to the plaintiffs’ table saw technology, in which Mr. O’Mara formulated an aggressive strategy that forced the plaintiffs to drop a key claim against Emerson and then won a motion to dismiss with prejudice despite purported “direct evidence” of a conspiracy; after the Fourth Circuit reversed (in part) the initial dismissal on appeal, Latham negotiated a nuisance value settlement on Emerson’s behalf
• Electronic Arts in successfully defending a billion-dollar class action challenging EA’s exclusive licenses with the NFL and NCAA as illegal monopolization
• PG&E, as co-lead trial counsel, in its complete victory of a multi-billion dollar unfair competition lawsuit brought by the California AG; the case was tried before a neutral arbitrator
• Sun World International, as co-lead trial counsel, in defeating a monopolization claim and preserving an intellectual property franchise worth hundreds of millions of dollars; prevailed on all claims at trial, and Sun World was awarded a permanent injunction, compensatory damages, and punitive damages
• ATMI in defending antitrust claims challenging supply-chain exclusive dealing contracts in the semiconductor fabrication industry; after decisively defeating the plaintiff’s motion for preliminary injunction, the matter was dismissed
• Oracle in defeating a DOJ lawsuit to block a multibillion-dollar merger, which the National Law Journal awarded the “Top Defense Win”
• Apple in defeating class certification in a putative nationwide class action brought by resellers and consumers alleging that Apple violated California’s antitrust and unfair competition laws
• Hearst in successfully defending a civil monopolization lawsuit and a DOJ investigation relating to a billion-dollar multifaceted newspaper transaction
• Mercury Payment Systems in a case brought by Heartland Payment Systems alleging false advertising purportedly related to payment processing services and pricing