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Scott Martin

Scott Martin has played a major role in defending many of the largest antitrust class action cases of the last two decades and has negotiated resolutions of numerous regulatory investigations and actions on behalf of corporate clients. He has been consistently recognized for years as one of the leading antitrust litigators in New York and the country by every significant ranking organization, including The Best Lawyers in America (Antitrust Law and Litigation - Antitrust), Chambers USA GuideInternational Who’s Who of Competition Lawyers and Economists and International Who’s Who of Business Lawyers, and Super Lawyers, among others. Clients, colleagues, and adversaries have referred to Scott as a “terrifically talented and surefooted” litigator” and “an astute operator who always adds value to proceedings” while also serving as a “business-oriented lawyer who looks to see what the overall issues are and determines how best to approach the representation of those interests, including common sense approaches to exit strategies where feasible.”

Scott’s practice extends to bench and jury trials in both federal and state courts, complex federal multidistrict actions, class actions involving direct and indirect purchasers, parens patriae cases, FTC and DOJ investigations as well as other regulatory actions, and qui tam litigation. He also has two decades of counseling experience across a broad range of industries on pricing, distribution, competitive intelligence, joint ventures, and non-compete agreements, among other competition issues, and has designed antitrust compliance programs for some of the world’s largest corporations.  

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Education

Stanford Law School, J.D., 1990

Stanford University, A.B., with honors, 1987

Bar Admissions

New York

District of Columbia

U.S. Court of Appeals for the Second Circuit

Supreme Court of the United States

Affiliations & Memberships

The Legal 500 United States, 2009-2019

Fellow, American Bar Foundation

Outstanding Antitrust Litigation Achievement in Private Law Practice (In re Air Cargo Antitrust Litigation), American Antitrust Institute, 2016

Listed, Who's Who in American Law 

Editorial Board (Competition), Law360

Member, New York State Bar Association, Antitrust Section

Member, American Bar Association, Section of Antitrust 

The Best Lawyers in America, Antitrust Law; Litigation - Antitrust, 2012-2015

Chambers USA Guide, 2006-2019

International Who's Who of Competition Lawyers and Economists, 2013-2014

International Who's Who of Business Lawyers, 2013-2014

Super Lawyers magazine, New York Metro Super Lawyers, 2006-2014

Euromoney's Guide to the World's Leading Competition & Antitrust Lawyers, 2012

Recipient, Legal Aid Award, the Legal Aid Society, 2006

News & Press

“Settlement Practice from Both a Plaintiff and Defense Perspective, ” Chapter, American Antitrust Institute Handbook on Private Enforcement of Competition Law (U.S. Edition), 2012, co-author with Joseph Tobacco

After American Needle, Is Everything Old New Again? Competition Law360, August 4, 2010

"Can Anyone Keep a Secret Anymore? Beware the differing privilege regimes in the global environment," New York Law Journal, November 16, 2009

“The linkLine Decision: Section 2 Gets Squeezed Further, ” GCP: The Online Magazine for Global Competition Policy, April 2009

“Antitrust Injury in Robinson-Patman Cases: What's Left?, ” GCP: The Online Magazine for Global Competition Policy, November 2008

“One Year Post-'Twombly,' Trends Emerge, ” New York Law Journal, August 25, 2008

Chapter, “Litigating International Antitrust Cases, ” J. von Kalinowski, Antitrust Counseling and Litigation Techniques, 2007 and update

“A Rule Of Reason For Vertical Price Fixing - Part II, ” The Metropolitan Corporate Counsel, Volume 15, No. 11, November 2007, co-author with Fiona A. Schaeffer

"A Rule Of Reason For Vertical Price Fixing - Part I, ” The Metropolitan Corporate Counsel, Volume 15, No. 10, October 2007

"Antitrust in Distribution - Tying, Bundling and Loyalty Discounts, Resale Pricing Restraints, Price Discrimination - Part I, ” The Metropolitan Corporate Counsel, Volume 14, No. 4, April 2006 

Chapter, “Private Antitrust Litigation, ” Global Competition Review - Getting the Deal Through, 2005

Chapter, “Advising Foreign Clients on US Antitrust Law, ” Asia Pacific Antitrust & Trade Review, 2005 

Antitrust Adviser (5th ed.), forthcoming, co-editor with Irving Scher

Chapter (Section 5 of the FTC Act), Business Torts & Unfair Competition Handbook (3d ed.)

Chapter (New York), State Antitrust Practice and Statutes (past three editions)

Publications

Co-Author, "Cartel Damage Recovery: A Roadmap for In-House Counsel,” Antitrust Magazine, Fall 2017.

Co-Author, "SCWA Pursues Legal Action Against Companies Responsible for PFOS, PFOA and 1,4-Dioxane Contamination," Lexology, November 2017. 

Co-Author, "Horizontal conspiracy complaints face different fates under Twombly “plausibility” standard," Lexology, October 2015.

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