Gary is an experienced litigator, focusing his practice on complex federal antitrust cases. Gary has successfully represented clients in district court proceedings, on appeal to the circuit courts, and when necessary, in the Supreme Court of the United States. All told, Gary has recovered over $925 million for clients that were the victims of antitrust violations.
Gary has litigated cases involving monopolistic and cartel activity in a wide range of industries, from the agricultural sector to the financial markets – with a particular emphasis on healthcare, where Gary has represented hospitals and physicians in matters concerning overcharges on medical, surgical, and dental products as well as biologics (vaccines) and pharmaceuticals. For this work, Gary has been honored as a Rising Star Under 40 in Healthcare Law by Law360 (2017), a Rising Star in Antitrust Litigation by Pennsylvania Super Lawyers (2017 through present), and a Trailblazer by the Legal Intelligencer (2019).
Gary is also committed to legal scholarship, the development of the antitrust laws, and serving the community through pro bono work. Gary has authored numerous articles on competition issues and the legal profession, including for the American Bar Association’s (ABA) Young Lawyers Division, the ABA’s Health Care Chronicle, and most notably, contributing to the Eighth Edition of the ABA Antitrust Section’s seminal publication, Antitrust Law Developments. As the Chair of the Committee to Support the Antitrust Law’s (COSAL) Amicus Committee, Gary has authored or contributed to amicus filings across the circuit courts and in the Supreme Court seeking to advance progressive competition law policies. And on the pro bono front, Gary has represented victims of clergy sexual abuse that 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.
Gary counts among his clients hospitals and hospital systems, pediatricians, dentists and dental laboratories, universities, local governments, investment and pension funds, advertising agencies, and farmers.
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
United States District Court for the Eastern District of Pennsylvania
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
Chair, Amicus Committee, Committee to Support the Antitrust Laws
Willard H. Pedrick Scholar
- “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
Gary's other publications include:
- "Tips for Success as a New Supervising Litigation Attorney,” The Young Lawyer, Vol. 26, No. 2, ABA Young Lawyers Division (Winter 2022)
- "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
- "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
"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.
- Rising Star Under 40, Healthcare Law in 2017
- Rising Star, Antitrust Litigation in Pennsylvania since 2017
The Legal Intelligencer
- Pennsylvania Trailblazer in 2019
- Pro Bono Award of the Philadelphia Bar Foundation: an honor received by Gary and the firm's Philadelphia office in 2019.