Scott Martin

OVERVIEW

Scott is Co-Chair of the firm’s Antitrust practice group. Scott’s perspective is a unique one, as prior to joining the firm in 2015, he played major roles in defending antitrust and class action cases as a partner in two leading international law firms. Over the course of more than 25 years, he also has negotiated resolutions of numerous regulatory investigations and actions on behalf of corporate clients. 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.

Clients

Scott 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.

EDUCATION

Stanford Law School, J.D., 1990

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

BAR ADMISSIONS

District of Columbia

New York

Supreme Court of the United States

Numerous Federal District and Circuit Courts

AFFILIATIONS

American Bar Association, Antitrust Law Section, Programs Officer (2021-22)

• Previous positions include: Secretary and Communications Officer, Council member, Chair of Trial Practice Committee, Chair of Civil RICO Committee, Chair of Global Private Litigation Conference, and Editorial Board of Antitrust Law Developments, (among others)

American Bar Foundation, Fellow

Law360, Editorial Board (Competition) (2012-2018)

Litigation Counsel of America, Fellow

New York State Bar Association, Antitrust Section, Executive Committee

WHEDco, Treasurer and Board of Directors member (leading Bronx non-profit housing, educational and community development organization)

WHAT OTHERS SAY

American Antitrust Institute

• Outstanding Antitrust Litigation Achievement in Private Law Practice, an honor he received as part of the In re Blue Cross Blue Shield Antitrust Litigation case team in 2021

Best Lawyers

• Best Lawyer since 2012
  • Antitrust Law
  • Litigation - Antitrust

A past client commented, "I was extremely impressed with his knowledge and attentiveness as well as his ability to truly enjoy servicing his client in a productive and cost-effective manner."

Chambers

• Band 1, Antitrust: Mainly Plaintiff, New York since 2015
• Leading Lawyer since 2006

Sources reported, "He's an expert in antitrust and how it's applied from a commercial perspective. He's an incredible partner." "He has a great reputation and is very collegial." "He is a very good plaintiffs' lawyer." (Chambers US, Antitrust: Mainly Plaintiff, New York, 2021)

"Co-chair of the antitrust group, Scott Martin lends plaintiff clients his cutting-edge expertise in antitrust litigation honed over years of defense-side representation. He regularly appears in state and federal jury and bench trials in the most complex of matters." (Chambers US, Antitrust: Mainly Plaintiff, New York, 2020)

Global Competition Review

• Litigation of the Year - Cartel Prosecution in 2021: an honor he received as part of the In re Blue Cross Blue Shield Antitrust Litigation case team.

Lawdragon

• 500 Leading Litigators in America in 2025
• 500 Leading Plaintiff Financial Lawyers since 2019
• 500 Leading Lawyers in America in 2021

Legal 500

• Recommended Lawyer, Antitrust - Civil Litigation/Class Actions: Plaintiff since 2015

"Scott Martin is a powerhouse." (Legal 500 US, Antitrust - Civil Litigation/Class Actions: Plaintiff, 2024) 

"Scott Martin is an all-star lawyer." (Legal 500 US, Antitrust - Civil Litigation/Class Actions: Plaintiff, 2023)

Sources have stated that Scott is "friendly, engaging, and spot-on," that "he is extremely polished, an expert in the field and a pleasure to work with," and that "Melinda Coolidge and Scott Martin go above and beyond at all hours to provide the best level of customer service. They are always there with an explanation.” (Legal 500 US, Antitrust - Civil Litigation/Class Actions: Plaintiff, 2020)

Super Lawyers

• Super Lawyer, Antitrust Litigation in New York since 2006

Other

• Outstanding Antitrust Litigation Achievement in Private Law Practice: an honor he received by the American Antitrust Institute in 2016 for In re Air Cargo Antitrust Litigation. 
• International Who’s Who of Competition Lawyers and Economists, Lawdragon, International Who’s Who of Business Lawyers,  and others often reflect recognition of Scott’s work by his peers.

Clients, colleagues, and adversaries have referred to Scott in print variously 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."

PUBLICATIONS

Books and Chapters:

• • "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
  • "Litigating International Antitrust Cases," J. von Kalinowski, Chapter, Antitrust Counseling and Litigation Techniques (2007 and update), Author
  • "Private Antitrust Litigation," Chapter, Global Competition Review - Getting the Deal Through (2005), Co-Author
  • "Advising Foreign Clients on US Antitrust Law," Chapter, Asia Pacific Antitrust & Trade Review (2005), Co-Author
  • "Antitrust Adviser," Two-volume treatise, 5th ed., Co-Editor
  • "Business Torts & Unfair Competition," Chapter: Section 5 of the FTC Act, Co-Author
  • Handbook (3d ed.) Chapter (New York), State Antitrust Practice and Statutes (three editions), Co-Author
  • "Competition Damages Actions in the EU: Law and Practice," 2d ed., Contributor

Articles:

• • "Cartel Damage Recovery: A Roadmap for In-House Counsel," Antitrust Magazine, [Winner, Concurrences Writing Award] (Fall 2017), Co-Author
  • "SCWA Pursues Legal Action Against Companies Responsible for PFOS, PFOA and 1,4-Dioxane Contamination," Lexology (Nov. 2017), Co-Author
  • "Horizontal conspiracy complaints face different fates under Twombly 'plausibility' standard," Lexology, (Oct. 2015), Co-Author
  • "After American Needle, Is Everything Old New Again?" Law360 (Aug. 4, 2010), Author
  • "Can Anyone Keep a Secret Anymore? Beware the differing privilege regimes in the global environment," New York Law Journal (Nov. 16, 2009), Author
  • "The linkLine Decision: Section 2 Gets Squeezed Further," GCP: The Online Magazine for Global Competition Policy (April 2009), Author
  • "Antitrust Injury in Robinson-Patman Cases: What's Left?" GCP: The Online Magazine for Global Competition Policy, (Nov. 2008), Author
  • "One Year Post-'Twombly,' Trends Emerge," New York Law Journal (Aug. 25, 2008), Author
  • "A Rule Of Reason For Vertical Price Fixing - Part II," The Metropolitan Corporate Counsel, Volume 15, No. 11 (Nov. 2007), Co-Authored with Fiona A. Schaeffer
  • "A Rule Of Reason For Vertical Price Fixing - Part I," The Metropolitan Corporate Counsel, Volume 15, No. 10 (Oct. 2007), Author
  • "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), Author

NEWS

EVENTS

Scott has been asked to speak at a wide array of events over the course of his career including:

• • "Antitrust in Higher Education: Class in Session," ABA Antitrust Spring Meeting (March 29, 2023), Session Chair & Moderator
  • "Honest Broker Or Advocate: Effective Expert Testimony," ABA Section of Antitrust Law Virtual Spring Meeting (April 2020), Panelist
  • "Competition Tort Claims Around the Globe," ABA Section of Antitrust Law Spring Meeting (March 2019), Panelist
  • "Competitor Collaborations: US and EU Joint Venture Law," ABA Section of Antitrust Law (April 2013), Speaker
  • "'Have I Got a Deal for You': Big Sellers, Big Issues," New York City Bar Association (January 2013), Speaker
  • "Discovery by Leaps and Bounds: Practical Issues in International Antitrust Cases," ABA Section of Antitrust Law (November 2012), Moderator
  • "Comcast v. Behrend: Rigorous Analysis – How Much Is Too Much?" New York State Bar Association, Antitrust Law Section (October 2012), Speaker
  • "Pricing Fundamentals: Pricing Tied to Other Offerings," ABA Section of Antitrust Law (February 2012), Speaker
  • "Settling Class Action Litigation," American Antitrust Institute 5th Annual Future of Private Antitrust Enforcement Conference (December 2011), Speaker
  • "Trying a Case Involving Mixed Vertical and Horizontal Restraints: The Legal, Economic and Practical Considerations," ABA Section of Antitrust Law (October 2011), Speaker
  • "International Cartel Enforcement in the Digital Age: Collection and Use of Evidence Beyond Borders," New York State Bar Association Antitrust Law Section (January 2011), Speaker
  • "New York's Donnelly Act: Another Tool in the Chest?" NYSBA Antitrust Law Section and ABA Section of Antitrust Law (July 2010), Speaker
  • "Pricing Issues," PLI Antitrust Counseling & Compliance Seminar (February 2010), Speaker
  • "Robinson-Patman - Price Discrimination," Practising Law Institute Advanced Antitrust Seminar: Distribution & Marketing (annually 2003-2009), Speaker
  • "Tying and Bundling -- Consumer-Friendly Offers or Exclusionary Conduct?" ABA Section of Antitrust Law (May 2009), Speaker
  • "Mastering the Discovery Process for the General Counsel: How to Master the Costs and Burdens of Federal Discovery," Incisive Media (November 2008), Speaker
  • "Bundled Discounts: Careful Practice in the Face of Unsettled Law," Ohio State Bar Association Antitrust Institute (November 2008), Speaker
  • "Antitrust Developments – A Busy Supreme Court Term Plus A Look at Joint Marketing Activities and Information Sharing," ABA Section of Environment, Energy and Resources, 21st Annual Petroleum Refining and Marketing Law Roundtable (October 2006), Speaker
  • "Antitrust Meets Civil RICO on a Grand Scale," ABA Section of Antitrust Law (March 2006), Session Chair
  • "Vive le Difference: Dealing Effectively with State Enforcers," ABA Section of Antitrust Law (March 2006), Speaker
  • ABA Antitrust Litigation Course: Mock Trial (October 2005), Defense Counsel
  • "Lest We Not Forget: State Law Constraints on Price by Robinson-Patman Act," ABA Section of Antitrust (June 2005), Panelist
  • "Defending Against Employee Raiding," ABA Section of Antitrust Law (March 2005), Session Chair
  • "Assessing an Unfair Competition Case Under California Section 17200," ABA Section of Antitrust Law (March 2004), Session Chair
  • "Price Discrimination and Slotting Allowances," Conference Board Antitrust Conference (March 2003), Speaker
  • "The Front Lines: Prudent Business Decision-Making in Light of the New Realities of Distribution," (March 2003), Speaker