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.
Irv has served for many years as an Adjunct Professor at NYU Law School, teaching an advanced antitrust course. He is a former Chair of both the American Bar Association (ABA) and New York State Bar Association (NYSBA) Antitrust Sections, a former member of the Advisory Board of the Bloomberg/BNA Antitrust & Trade Regulation Report, and was co-chair for more than 20 years of the annual Practicing Law Institute antitrust program. He is currently a member of the MLex Advisory Board and regularly lectures on antitrust matters at ABA and NYSBA Antitrust Section meetings and conferences. Irv is editor and co-author of Antitrust Adviser, a Thomson Reuters two-volume practical reference treatise, author of Living With the Robinson-Patman Act, a Bloomberg/BNA Corporate Practice Series Portfolio, and was a Vice Chair of the editorial board of the ABA’s Antitrust Law Developments desk book.
Irv has been listed for many years in Chambers Global, Competition/Antitrust, and in Chambers USA Guide. He was lauded as recently as 2019 as one of only three “senior statespeople” for Antitrust in USA - Nationwide, and one of only two for Antitrust: Mainly Plaintiff in New York. He also is listed in The Best Lawyers In America, Litigation, and in 2015 was named “Lawyer of the Year,” Antitrust Law, New York City. He was the recipient of a World’s Leading Competition Lawyer Award in the Euromoney Expert Guide, 2008, and is currently listed in Super Lawyers magazine, NY Metro Super Lawyers, and in International Who’s Who of Business Lawyers.
Columbia Law School (Reviews Editor, Columbia Law Review, and recipient of National Scholarship and Gluck Scholarship)
City College of NY, BA
United States Supreme Court
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)
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