Jennifer Giordano, a partner in the Washington, D.C. office, is an experienced antitrust litigator and trial lawyer who has successfully defended clients in cutting-edge federal antitrust cases at both the trial and appellate level.
Ms. Giordano is a partner in the Litigation & Trial Department and a member of the Firm’s Global Antitrust & Competition Practice. She specializes in complex antitrust cases, including multidistrict litigation, class actions, and strategic B2B litigation.
Ms. Giordano has achieved significant victories for her clients at all stages of litigation, including through dispositive motion practice, at trial and on appeal. She has extensive experience litigating all types of antitrust claims, including monopoly, monopsony, price fixing, price discrimination, tying, and state law unfair competition claims.
Ms. Giordano’s antitrust practice spans a wide variety of industries, including, in particular, communications, healthcare, finance, consumer products, technology, and intellectual property. For the last ten years, she has represented the commercial radio industry in a variety of music licensing and antitrust matters.
Ms. Giordano's experience includes:
Recent Antitrust Matters
- Lead counsel for Radio Music License Committee in RMLC v. Global Music Rights (C.D. Cal.), cases alleging competing monopoly and monopsony cartel claims.
- Lead counsel for Cox Media Group, LLC in In re Local TV Advertising Antitrust Litigation (N.D. Ill.), a complex multidistrict litigation alleging price fixing and information exchange violations arising out of Department of Justice Investigation into local television advertising sales practices.
- Lead counsel for Highmark Inc. in Cole’s Wexford Hotel Inc. et al. v. Highmark Inc. and UPMC (W.D. Pa.), a case alleging a conspiracy between a dominant hospital chain and regional insurer to monopolize their respective markets.
Antitrust Trial Experience
- Trial counsel for U.S. Sugar in United States v. U.S. Sugar et al., a case alleging violation of Section 7 of the Sherman Act.
- Trial counsel for Ocean Spray Cranberries in Winters et al. v. Ocean Spray Cranberries Inc. (D. Mass.), a case alleging monopsony and unfair competition claims.
- Trial counsel for Dairy Farmers of America in Sitts et al. v. Dairy Farmers of America, Inc. (D. Vt.), a case alleging conspiracy and monopsony claims.
- In re Cox Enterprises Inc. Set-Top Cable Television Box Antitrust Litigation: After trial, obtained directed verdict for Cox in an antitrust tying trial in which a class of cable subscribers alleged that Cox unlawfully required them to lease set-top boxes in order to obtain certain cable services; Tenth Circuit affirmed judgment for defendant.
- Radio Music License Committee v. SESAC et al.: After trial on a preliminary injunction, obtained a finding that RMLC was likely to succeed on the merits of its monopolization claim against the defendant, a performing rights organization.
- Feesers, Inc. v. Michael Foods, et al.: At trial, defended manufacturer of processed egg products against claims that it had discriminated against independent food distributors in favor of food service management companies in violation of the Robinson-Patman Act; Third Circuit ordered judgment for defendants.
Significant Dispositive Motion Wins
- Radio Music License Committee v. Global Music Rights: Defeated motion to dismiss price fixing and monopoly claims alleged against performing rights organization.
- Sitts et al. v. Dairy Farmers of America, Inc.: Obtained dismissal of claim that client sought to monopolize a market for milk.
- In re Aluminum Warehousing Antitrust Litigation: On behalf of The London Metal Exchange, obtained dismissal of multidistrict litigation alleging a conspiracy with banks to manipulate the price of aluminum.
- In re Time Warner Cable Set-Top Cable Television Box Antitrust Litigation: Obtained dismissal of class action complaint alleging that client tied the sale of cable services to the lease of a set-top box; Second Circuit affirmed dismissal.