Tim O’Mara is a partner in the Litigation & Trial Department of Latham & Watkins and a member of the firm’s Antitrust & Competition Practice. He has more than 15 years of experience litigating complex antitrust and unfair competition cases in both federal and state courts. He has successfully represented clients such as Union Pacific, Live Nation, Ticketmaster, Emerson Electric Co., Electronic Arts, PG&E Corporation, Apple, Oracle, ATMI, Marvell Semiconductor, The Hearst Corporation, and Sun World International.
Mr. O’Mara’s extensive experience in complex antitrust matters includes:
- Union Pacific. Currently co-trial counsel representing Union Pacific in a purported multi-billion dollar price fixing case related to fuel surcharges.
- Live Nation. Currently co-lead trial counsel representing Live Nation in a sprawling antitrust case alleging eight claims for relief purportedly arising from Live Nation’s market power in artist presale ticketing services.
- Ticketmaster. Lead counsel representing Ticketmaster in defense of an alleged tying, exclusive dealing, and attempted monopolization case related to an alleged conspiracy to preclude consumers from reselling Golden State Warriors tickets on StubHub. Filed a motion to dismiss on the ground that the Complaint failed to allege a viable antitrust market, and the federal court granted the motion in full.
- Emerson Electric Co. Co-lead counsel representing Emerson in its defense of a billion dollar monopolization case related to alleged exclusive dealing contracts. In a complete defense victory, the matter was dismissed for zero compensation.
- Emerson Electric Co. Lead counsel representing Emerson in defense of an alleged group boycott and refusal to deal related to plaintiffs’ table saw technology. Formulated an aggressive strategy that forced 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 Court reversed (in part) the initial dismissal on appeal, Latham negotiated a nuisance value settlement on behalf of Emerson.
- Charlotte Pipe. Currently co-trial counsel representing Charlotte Pipe in an alleged price fixing class action related to cast iron pipes.
- Electronic Arts. Represented EA in its successful defense of a billion dollar class action challenging EA’s exclusive licenses with the NFL and NCAA as illegal monopolization.
- PG&E Corporation. Co-lead trial counsel representing PG&E in its complete victory of a US$5.5 billion unfair competition lawsuit brought by the California AG. The case was tried before a neutral arbitrator.
- Sun World International. Co-lead trial counsel representing Sun World, 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. Represented ATMI in its defense of antitrust claims challenging supply-chain exclusive dealing contracts in the semiconductor fabrication industry. After decisively defeating plaintiff’s motion for preliminary injunction, the matter was dismissed.
- Oracle. Defeated a DOJ lawsuit brought against Oracle to block a multi-billion dollar merger. The victory was awarded the “Top Defense Win” by the National Law Journal.
- Apple. Defeated class certification in a putative nationwide class action brought by resellers and consumers alleging that Apple violated California’s antitrust and unfair competition laws.
- The Hearst Corporation. Represented Hearst in its successful defense of a civil monopolization lawsuit and a DOJ investigation relating to a billion-dollar multifaceted newspaper transaction.
- Mercury Payment Systems. Represented Mercury in a case brought by Heartland Payment Systems alleging false advertising purportedly related to payment processing services and pricing.