Gary I. Smith
Gary is an associate in the firm’s Philadelphia office, where he focuses his practice on antitrust litigation. In his young career, Gary has already secured over $745 million in settlements to benefit those affected by anticompetitive practices.
Gary has represented a diverse range of clientele—including pediatricians, dental laboratories, hospital systems, investment and pension funds, farmers, construction contractors, universities, and local governments. Gary has litigated cases at every level, from state trial court all the way to the Supreme Court of the United States, during which he has gained a wide range of experience briefing and arguing dispositive motions, taking and defending fact and expert witness depositions, and first- and second-chairing jury trials. Gary has become particularly adept at working with and defending his clients’ expert witnesses while successfully undermining the experts of his opponents.
Gary has served a leading role in cases challenging the monopolization of healthcare markets, the collusive manipulation of global financial benchmarks, as well as run-of-the-mill price fixing conspiracies in numerous industries. Gary also regularly writes on antitrust topics, most notably contributing to the Eighth Edition of the American Bar Association’s Section of Antitrust’s seminal publication, Antitrust Law Developments, and having his thoughts on exclusionary conditional pricing practices published by the Section’s Antitrust Healthcare Chronicle. Gary has twice earned local accolades as a Rising Star in Antitrust Litigation by Pennsylvania Super Lawyers (2017 and 2018) and national accolades as one of five Rising Star under 40 in Health Care Law by Law360 (2017).
Gary’s recently resolved and active cases include:
- In re LIBOR-Based Financial Instruments Antitrust Litig., No. 1:11-md-2262-NRB (S.D.N.Y.), in which a certified class of purchasers of over-the-counter (OTC) financial instruments with interest payments tied to the London Interbank Offering Rate (LIBOR) are challenging the collusive manipulation of U.S. Dollar LIBOR by the world’s largest financial institutions. The collusion is claimed to have suppressed the U.S. Dollar LIBOR rate, which allowed the defendant banks to benefit financially to the detriment of their counterparties in OTC instruments. The case has resulted in $590 million in settlements with four banks (Barclays, Citibank, HSBC, and Deutsche Bank), and continues against the remaining thirteen defendant banks.
- Adriana M. Castro, M.D., P.A., et al. v. Sanofi Pasteur Inc., No. 2:11-cv-07178-JMV-MAH (D.N.J.), in which a certified class of wholesalers, hospitals, and physicians that purchased Sanofi’s quadrivalent conjugate meningococcal vaccine (MCV4) Menactra (a vaccine for Meningitis) claimed that Sanofi monopolized the MCV4 market by threatening large price penalties across Sanofi’s broad line of pediatric vaccines if pediatricians purchased MCV4 vaccines from Sanofi’s only MCV4 rival, Novartis. Sanofi’s conditional pricing practices had the purpose and effect of foreclosing Sanofi’s only MCV4 rival from the market, allowing Sanofi to continue to charge monopoly prices for Menactra. The case settled in December 2016 for $61.5 million.
- In re: Transpacific Passenger Air Transp. Antitrust Litig., No. 3:08-md-01913 CRB (N.D. Cal.), in which a certified class of consumers of transpacific passenger air travel allege that thirteen airlines conspired to fix the prices of certain transpacific passenger air fares and fuel surcharges. The case has resulted in almost $90 million in settlements with twelve defendant airlines, and continues against the sole remaining defendant, All Nippon Airways, which pled guilty to charges that it conspired with Japan Airlines to fix prices for certain transpacific passenger air fares in related criminal proceedings in 2010.
Gary graduated from the University of Arizona in May of 2008, where he received a B.S.B.A. in Business Economics, and from the Sandra Day O’Connor College of Law in May of 2011, where he received his J.D. While in law school, Gary worked as a research assistant for Visiting Associate Professor of Law Amandeep S. Grewal, received honors as a Willard H. Pedrick Scholar, and externed with the Securities and Exchange Commission in Washington, DC.
Gary lives with his wife Allison, daughter Harper, and two dogs, is an avid fan of music and Philadelphia sports, and is a competitive darts player.