David C Giardina, a partner in the firm’s Chicago office, is a member of the litigation group.
David's practice emphasises antitrust litigation and counselling. David has extensive experience in representing clients in multi-district class action litigation involving claims of price-fixing. For example, David represented Kimberly-Clark Corporation in In re Commercial Tissue Products Antitrust Litigation, and was part of the trial team that obtained a directed verdict in favour of GD Searle & Co in In re Brand Name Pharmaceuticals Antitrust Litigation. More recently, David was a part of the trial team that secured a defense verdict on an antitrust claim for AT&T after a 5-week jury trial in the In re Universal Service Fund Billing Practices Litigation.
David also has significant experience in monopolisation cases. In 2006, he was on the team that obtained a defense verdict for Johnson & Johnson after a 6-week jury trial of claims of monopolisation through price bundling and monopoly leveraging. He has similarly represented brand name pharmaceutical manufacturers in claims that they have improperly delayed the introduction of generic competition.
David has also worked on various other types of complex litigation, including cases involving claims of patent infringement (with a focus on patent damages), business torts, and breach of contract. He was recently part of the trial team that represented a technology company in an action alleging that its competitor breached its commitments to various standard setting organisations that it would license its standard essential patents on fair, reasonable, and non-discriminatory (FRAND) terms.
In addition to litigation, David’s practice also includes counselling on all aspects of antitrust compliance, with a particular emphasis on mergers and acquisitions and competitor collaborations. David has extensive experience in the Hart-Scott-Rodino pre-merger notification process and has represented clients in many transactions investigated by the Department of Justice and Federal Trade Commission, including Kimberly-Clark/Scott Paper (consumer products), IMC Global/Cargill (agricultural chemicals), Tribune/McGraw-Hill (educational publishing), Aon/Benfield Group (reinsurance brokerage), Aon/Hewitt Associates (employee benefits consulting), Corn Products International/National Starch (food ingredients), and Alberto-Culver/Unilever (personal care products). He also has significant experience in coordinating the international merger clearance process in transactions requiring notifications in multiple jurisdictions.
WWL says: A "compelling" litigator, David Giardina is one of Chicago's foremost experts
This biography is an extract from Who's Who Legal: Competition which can be purchased from our Shop.