Skip to main content

Irving Scher

Irv Scher’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.

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 lead defense counsel in numerous class actions and FTC and government enforcement agency investigations across a wide range of industries, involving trade associations, buying groups, airlines, retailers and manufacturers of apparel, automobiles, automotive products, grocery and toiletry products, non-prescription drugs, electronic products, recorded music, and book and magazine publishers.

More Less

Education

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

City College of NY, BA

Bar Admissions

Seventh Circuit

New York

United States Supreme Court

First Circuit

Second Circuit

Third 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

Affiliations & Memberships

Named a 'Recommended Lawyer' for Antitrust - Civil Litigation/Class Actions - Plaintiff by The Legal 500 (2019)

Publications

Author, "Supreme Court Rules That Purchasers of Apps Can Bring an Antitrust Suit Against Apple For Overcharges," Hausfeld Competition Bulletin/Lexology, May 2019.

Author,"Second Circuit Defines Extent of Specificity Required in Pleading and Prohibits Fact-Finding," Lexology, Febuary 2017. 

Author, "Circuit Court Rejects Claims that Medical-Surgical Distributors’ Discounts Violated the Sherman Act," Lexology, May 2017.

Co-Author, "Purchasers of iPhone Applications Still Standing," Lexology, November 2017. 

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

Co- Author, "Supreme Court Tyson Foods Decision Confirms That Class Actions are Very Much Alive and Well," Lexology, May 2016.

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

Co-Authored, "EU Commission E-Commerce Preliminary Report," Lexology, November 2016.

Author, "Living with the Robinson-Patman Act, Corporate Practice Series Portfolio," Bloomberg Bureau of National Affairs, 1999, 2009, 2013, 2016

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

Editor and Co-Author, Antitrust Adviser, Thomson Reuters, 1995, 2009, 2011, 2013, 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

Vice Chair, Editorial Board, Antitrust Law Developments, American Bar Association, 1975

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

Related News & Press