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Irving Scher

Experience

Irv is considered an antitrust icon, with many decades of extensive experience in counseling and all phases of antitrust, marketing, and trade practice litigation and appeals, often as lead counsel in multi-party matters. He has been the lead defense counsel in numerous class actions and FTC and government enforcement agency investigations and cases across a wide range of industries.

Irv’s enthusiasm for and knowledge of competition law is unparalleled. He prides himself on developing a deep knowledge of his clients’ businesses, enabling him to guide them to pragmatic and lawful business solutions. As a litigator, he advocates vigorously and impresses judges, co- counsel, and opponents with his legal and strategic acumen. He has been chosen to lead many times by his peers, both in litigation and in the antitrust bar.

Clients

With competition expertise spanning the airline, retail, apparel, automotive, electronics, publishing, grocery, pharmaceutical, publishing, and recorded music industries, Irv has represented numerous clients in significant antitrust, marketing, advertising, and trade practice investigations, litigations, and counseling matters over many decades.

Practice Areas

Antitrust / Competition

Current Plaintiff-Side Cases:

Selected Prior Defense-Side Cases:

  • United Magazine Co. v. Time Warner, Inc.
  • In re Compact Disc Minimum Advertised Price Litigation
  • In re Recorded Music Price Fixing Litigation
  • Williamson Oil Co. v. Philip Morris
  • In re Nine West Antitrust Litigation
  • In re Lorazapam Antitrust Litigation
  • In re Toys “R” Us Antirust Litigation
  • Caribe BMW v. BMW AG
  • Reisner v. General Motors Corp.

What Others Say

  • Irv has been listed for many years by Chambers & Partners. Recent accolades include:
    • Named as one of only three “Senior Statespeople” for Antitrust – USA – Nationwide (2018-Present)
    • Named as one of only two “Senior Statespeople” for Antitrust: Mainly Plaintiff – New York. Chambers asserted that Irv “commands respect for his extensive experience litigating complex antitrust disputes for plaintiff classes and individuals.” (2018-Present)
  • Super Lawyers has recognized Irv as a “Top-Rated” Antitrust Litigation Attorney in New York for over a decade (2006-Present)
  • Best Lawyers has recognized Irv as a leading attorney in Antitrust Law and Litigation – Antitrust year-after-year (2006-Present)
  • Irv was named to Lawdragon’s list of “Top Plaintiff Financial Lawyers” (2019)
  • Best Lawyers named Irv “Lawyer of the Year” in New York City for Antitrust Law (2015)
  • Irv was the recipient of the prestigious “World’s Leading Competition Lawyer” Award by the Euromoney Expert Guide (2008)

Education

Columbia Law School (Reviews Editor, Columbia Law Review, and recipient of National Scholarship and Gluck Scholarship)

City College of NY, B.A.

Bar Admissions

New York

First Circuit

Second Circuit

Third Circuit

Seventh Circuit

Ninth Circuit

D.C. Circuit

United States District Court for the Southern District of New York

United States District Court for the Eastern District of New York

United States District Court for the Northern District of New York

United States Supreme Court

Affiliations & Memberships

Editor, Hausfeld Competition Bulletin

Member, MLex Advisory Board

Co-Editor and Co-Author, Antitrust Adviser, a Thomson Reuters two-volume practical reference treatise

Author, "Living with the Robinson-Patman Act, Corporate Practice Series Portfolio," Bloomberg Bureau of National Affairs, 2019

Adjunct Professor, NYU Law School, teaching an advanced antitrust course

Former Chair, American Bar Association (ABA) Section of Antitrust Law

Former Chair, New York State Bar Association (NYSBA) Antitrust Section

Former Co-Chair, Practicing Law Institute Annual Antitrust Institute

Vice Chair, Editorial Board, Antitrust Law Developments, ABA Section of Antitrust Law, 1975

Publications

Co-Author, “Applying Amex: When Two-Sided Platforms Become One Market”, Antitrust Magazine, Fall 2018

Co-Author, "Litigating Indirect Purchasers Claims: Lessons for the EU from the U.S. Experience”, Antitrust Magazine, Fall 2017

Co-Author, “Damage Class Actions After Comcast: A View From the Plaintiffs’ Bar”, Antitrust Magazine, Spring 2016

Author, "Living with the Robinson-Patman Act, Corporate Practice Series Portfolio", Bloomberg Bureau of National Affairs, 2019

Author, “The FTC’s Revised Fred Meyer Guides: Back to the Sixties”, Antitrust Source, February 2015

Co-Author, "Stepped Up Enforcement Against Inadequate Negative Option/Automatic-Renewal Disclosures", Orange County Business Journal, November 17-23, 2014

Co-Author, "Conscious Parallelism or Conspiracy", Issues in Competition Law and Policy, American Bar Association, 2008

Author, "Anticipating Collateral Legal Risks Arising From FTC Enforcement Actions", Metropolitan Corporate Counsel, May 1999

Author, "Franchising and the Robinson-Patman Act: Some Problems and Solutions", Antitrust Law Journal, 1991

Author, "Single Firm Conduct: The Government's and Antitrust Section's View", Antitrust Law Journal, 1990

Author, "The Major Antitrust Issues in the Decade Ahead", Antitrust Law Journal, 1989 Author, "How Sellers Can Live With the Robinson-Patman Act," Business Lawyer, 1986

Author, "Emerging Issues under the Antitrust Improvements Act of 1976", Columbia Law  Review, 1977

Author, "Opening State Courts to Class Actions: The Uniform Class Actions Act", Business Lawyer, 1976

Author, "New Directions in Buyer's Liability Under the Robinson-Patman Act", Antitrust Law Journal, 1971

Author, "Antitrust and Consumerism: What Is It All About?", Case Western Law Review, 1970

Author, Manual of Federal Trade Regulations Affecting Retailers, two-volume treatise published by National Retail Merchants Ass'n, 1969

Contributing editor, supplement to report of Attorney General's National Committee to Study the Antitrust Laws, American Bar Association, 1968

Presentations & Speeches

Speaker, "Penalties for Collusion: Can There Be an Overlap Between Fines and Damages?", The Global Antitrust Economics Conference, Chicago, 2016

Speaker, Numerous New York State Bar Association Annual Meetings

Speaker, Numerous ABA Antitrust Section Annual Spring Meetings

Co-chair, Annual Antitrust Institute, PLI, 1977-2004

Speaker, Dual Distribution, Law Journal Seminars, 1992-2003

Speaker, Category Management Guidelines, American Antitrust Institute (AAI), Washington, D.C., 2003

Speaker, 43rd Annual Antitrust Law Institute, "Discrimination in Price and Promotion", Sponsored by PLI, New York, 2002

Speaker, "eCommerce Antitrust & Trade Practices", Sponsored by PLI, New York, 2001

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