Alan M. Wiseman

Alan Wiseman is senior of counsel in the firm’s Washington, DC office.  He has been recognized as one of the world’s leading competition lawyers and has concentrated his practice on antitrust class actions for the past 35 years.  Mr. Wiseman has extensive trial and litigation experience in a broad array of antitrust and commercial matters.  He represents clients in mergers and acquisitions, antitrust grand jury investigations, as well as cross-border investigations.  He has argued many cases before federal district and appellate courts and administrative agencies, including the U.S. Supreme Court.

Representative Matters

• In re LIBOR-Based Financial Instruments Antitrust Litigation.  Represents Citibank in MDL antitrust class actions pending in S.D.N.Y. alleging fixing of libor rates in violation of the antitrust laws, and other federal laws.  Judge Buchwald granted in large part defendant's motion to dismiss, including antitrust and RICO claims.
• In re Rail Freight Fuel Surcharge Antitrust Litigation.  Represents Union Pacific Railroad Company in multidistrict class action litigation alleging price-fixing of freight fuel surcharges in violation of antitrust laws.  District Court granted motion to dismiss state claims on preemption grounds.  D.C. Circuit affirmed.  Proceedings continue respecting claims brought under federal antitrust law by direct purchasers, including an appeal under Rule 23f of the class certification decision.
• Precision Associates, Inc, et al v. Panalpina World Transport (Holding) Ltd, et al.  Represents Expeditors International of Washington, Inc. in class action against freight forwarders alleging a conspiracy to fix various surcharges of freight forwarding services sold in the United States in violation of Section 1 of the Sherman Act.  Magistrate Judge issued a report and recommendation to dismiss claims against most freight forwarders, including Expeditors, with leave to amend.  Also represents Expeditors in various investigations by the United States and European Commission.
• Oxbow Carbon & Minerals LLC, et al v. Union Pacific Railroad Company and BNSF Railway Company.  Represents Union Pacific in antitrust litigation alleging price fixing of fuel surcharges in violation of Section 1 of the Sherman Act, and other allegations in violation of Section 2 of the Sherman Act.  Judge Friedman granted the motion to dismiss.
• DeLoach v. Philip Morris Inc.  Represented class of 175,000 tobacco growers and quota owners alleging market allocation by the major tobacco companies and their buying agents.  Succeeded in obtaining certification of the proposed classes and then negotiated one of the largest settlements in antitrust class action history.
• Arminak & Associates v. MeadWestvaco Corp.  Represented MeadWestvaco in Section 2 Sherman Act case alleging monopolization of trigger sprayers.  Motion for summary judgment partially granted. Case settled.
• In re Household Goods Fuel Surcharge Antitrust Litigation.  Represented American Moving and Storage Association in multidistrict class action litigation alleging price fixing of fuel surcharges in violation of the antitrust laws.  Interlocutory appeal to the Court of Appeals for the Fourth Circuit taken.  Case then settled.
• In re Digital Music Antitrust Litigation.  Represented Bertelsmann, Inc. in multidistrict class action litigation alleging violations of antitrust laws with respect to digital music.  Motion to dismiss granted.
• In re K-Dur Antitrust Litigation.  Represents Schering-Plough (now Merck) in multidistrict class action litigation alleging violations of antitrust laws arising out of settlements of patent litigation with generic drug producers involving so-called reverse payments.  The Court denied indirect plaintiffs' motion to certify a class. Court granted motion for summary judgment dismissing claims of direct class.  The Court of Appeals for the Third Circuit reversed the decision of the district court.  A petition for a writ of certiorari is pending before the U.S. Supreme Court.
• In re Air Cargo Antitrust Litigation.  Represented International Air Transport Association in multidistrict class action litigation alleging price-fixing of fuel surcharges in violation of antitrust laws.  Secured IATA's dismissal by the plaintiffs.

Honors and Rankings

• Mr. Wiseman has been recognized by Chambers USA, Super Lawyers, Legal 500 US, and Who’s Who Legal for multiple years, as well as by the International Who's Who of Competition Lawyers & Economists, Practical Law Company's Competition Super League, and Washingtonian Magazine.

Pro Bono

• Washington Lawyers’ Committee for Civil Rights and Urban Affairs.  Mr. Wiseman served on the Board of Directors (2001-2009).
• Legal Aid Society of the District of Columbia, Member, Board of Trustees (2010-2012)

Publications and Speeches

• "US perspective on Private Litigation proposals in the UK," GCR Live, Competition Litigation (10/9/2012)
• "Confidentiality," GCR Live: Competition Litigation 2011 (10/4/2011)
• "Antitrust International," The Deal Magazine (5/1/2009), Co-Author