OVERVIEW
Experience
Gary focuses his practice on antitrust litigation. In his young career, he has already secured over $900 million to benefit the victims of anticompetitive practices. Gary has litigated cases at every level, from state trial court all the way to the Supreme Court of the United States, through which he has gained a wide range of experience briefing and arguing dispositive motions, taking and defending fact and expert witness depositions, and serving on trial teams, inclusive of first- and second-chair jury trial experience. He has challenged monopolistic practices and cartel activity in a wide range of industries - from the agricultural sector to the transportation and aviation sectors to the financial markets - with a particular emphasis on healthcare, where Gary has litigated cases concerning biologics (vaccines), pharmaceuticals, and medical product distribution markets.
Gary is also committed to serving the community through pro bono work. Most recently, he has been working with a team of Hausfeld lawyers to advise victims of clergy sexual abuse who have received settlement offers from the Philadelphia Archdiocese. For this and other pro bono work, Gary and Hausfeld’s Philadelphia office received the Philadelphia Bar Foundation’s 2019 Pro Bono Award.
Clients
Gary has represented a diverse range of clientele, including hospitals and hospital systems, dental laboratories, pediatricians, universities, local governments, investment and pension funds, advertising agencies, farmers, and construction contractors.
EDUCATION
Sandra Day O’Connor College of Law at Arizona State University, J.D. 2011
University of Arizona, B.S.B.A. in Business Economics, 2008
BAR ADMISSIONS
Pennsylvania
United States District Court for the Eastern District of Pennsylvania
Arizona
United States District Court for the District of Arizona
United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Tenth Circuit
United States Supreme Court
AFFILIATIONS
Chair, Amicus Committee, Committee to Support the Antitrust Laws
Willard H. Pedrick Scholar
NEWS
EVENTS
- “Breakfast, Lunch, and Dinner: A Spotlight on Antitrust in the Protein Industry,” American Antitrust Institute Private Enforcement Conference (Nov. 10, 2021), Panel Moderator
- "The Current Antitrust Spotlight on Agriculture: What You Need to Know," Agricultural Law Association Webinar (Aug. 6, 2020), Speaker
- ABA Section of Antitrust Law Agriculture and Food Antitrust Case Update 2019 (February 28, 2019), Panelist
PUBLICATIONS
Gary's other publications include:
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- "Bundling Claims Under Section 1 of the Sherman Act: Focusing on Firms' Abilities to Create Anticompetitive Effects in a Market, Rather Than Their Share of It," Antitrust Health Care Chronicle, Vol. 28/ No. 1, ABA Section of Antitrust Law (Jan. 2015), Co-Authored with Brent W. Landau
- Antitrust Law Developments 8th Edition, ABA Antitrust Section, Contributor
Press:
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- "Tyson, Purdue Farms Shell Out $36 Million To Settle Antitrust Claims," Tri-States Public Radio (September 2, 2021)
- "Purdue Inks Deal To Exit From Chicken Price-Fix Suit," Law360 (July 26, 2021)
- "Tyson, Others Try To Stop Consolidation Of Price-Fixing Suits," Law360 (Dec. 3, 2020)
- Dentists Extract $80M From Supply Cos. In Antitrust Deal," Law360 (June 24, 2019)
- "Flyers Ink $58M Deal With Last Airline In Price-Fixing Suit," Law360 (Feb. 14, 2019)
- "Hausfeld, Susman Win $63M In Attys' Fees In Libor MDL," Law360 (Oct. 26, 2018)
- "EVA, Others To End Trans-Pacific Price-Fix Row For $50M," Law360 (Oct. 12, 2018)
- "Dentists Get $80M From Supply Cos. To End Collusion Case," Law360 (Aug. 30, 2018)
- "Hausfeld, Susman Awarded $58.4M In Libor MDL Fees, Costs," Law360 (Aug. 15, 2018)
- "Airline Passengers Win Class Cert. In Price-Fixing Suit," Law360 (Aug. 9, 2018)
- "Susman Godfrey L.L.P. and Hausfeld LLP Announce Lawsuits and Settlements Totaling $340 Million That Impact Individuals and Institutions Who Owned a U.S. Dollar LIBOR-Based Instrument Between August 2007 and May 2010," Business Wire (July 30, 2018)
- "Merck Hit With Antitrust Suit Over Vaccine Bundle Discounts," Law360 (April 26, 2018)
- "HSBC Inks $100M Deal With OTC Investors In Libor-Rig MDL," Law360 (March 29, 2018)
- "Justices Skip Airline’s Challenge To 9th Circ. Rate Ruling," Law360 (March 19, 2018)
- "EVA Airways Settles Price-Fixing Class Action For $21M," Law360 (March 13, 2018)
- "Judge Certifies OTC Libor Class But Denies Others," Global Competition Review (March 2, 2018)
- "OTC Investors Win Class Cert. On Libor Antitrust Claims," Law360 (March 1, 2018)
- "Deutsche Inks $240M Deal To Settle Libor-Rigging Row," Law360 (Feb. 27, 2018)
- "Chicken Farmers Accuse Processors of Illegal 'No Poach' and Wage Suppression," Global Competition Review (Feb. 26, 2018)
- "Airline Pushes Supreme Court To Hear Filed-Rate Fight," Law360 (Feb. 23, 2018)
- "Flyers Ask Justices To Pass On Antitrust Filed-Rate Fight," Law360 (Feb. 13, 2018)
- "$250M Citi, Barclays Libor Deals Look Worthy, Judge Says," Law360 (Jan. 23, 2018)
- "Doctors' Counsel Nab $27M In Sanofi Vaccine Antitrust Row," Law360 (Oct. 23, 2017)
- "Rising Star: Hausfeld's Gary Smith," Law360 (Aug. 1, 2017)
- "Airlines Can't Ditch Price-Fixing MDL, 9th Circ. Rules," Law360 (April 14, 2017)
- "Dentists Smiling as Price-Fixing Conspiracy Case Survives," Law360 (Sept. 28, 2016)
- "Dental Distributors Fire Back Against Antitrust Action," Law360 (March 3, 2016)
- "Barclays Pays $120M To Exit Part Of Libor MDL," Law360 (Nov. 13, 2015)
- "16 Big Banks To Face Revived Libor Antitrust Suit," Law360 (May 23, 2015)
WHAT OTHERS SAY
Courts
"This is a substantial recovery that has the deterrent effect that class actions are supposed to have, and I think it was done because we had really good Plaintiffs’ Lawyers in this case who were running it."
- Comments of Judge Brian M. Cogan during the Final Approval Hearing in In re Dental Supplies Antirust Litigation, where Gary successfully argued for final approval of the $80 million settlement with Defendants Henry Schein, Inc., Patterson Companies, Inc., and Benco Dental Supply Co.
Law360
- Rising Star Under 40, Healthcare Law in 2017
Super Lawyers
- Rising Star, Antitrust Litigation in Pennsylvania since 2017
The Legal Intelligencer
- Pennsylvania Trailblazer in 2019
Other
- Pro Bono Award of the Philadelphia Bar Foundation: an honor received by Gary and the firm's Philadelphia office in 2019.