OVERVIEW
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 $1 billion for clients that were the victims of antitrust violations. The Legal 500 has identified Gary as a “key name in California” for antitrust litigation and described Gary as “creative and intellectually nimble,” “a practical and effective litigator,” “a pleasure to work with,” and “a very skilled advocate” that “takes his professional and ethical obligations seriously.”
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 (2017 to 2022) and a Super Lawyer for Antitrust Litigation (2023-2024), a Trailblazer by the Legal Intelligencer (2019), an Honoree on Benchmark Litigation’s 40 & Under List (2023), and a recipient of the American Antitrust Institute’s Outstanding Achievement in Private Law Practice Award (2023).
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 a former 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.
Clients
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.
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
California
United States District Court for the Southern District of California
United States District Court for the Central District of California
United States District Court for the Northern District of California
United States District Court for the Middle District of Tennessee
United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Tenth Circuit
United States Supreme Court
AFFILIATIONS
American Bar Assocation - Antitrust Section, Member
California Lawyers Association - Antitrust and Unfair Competition Law Section, Executive Committee Member
Committee to Support the Antitrust Laws - Amicus Committee, Chair (2020-2022)
Willard H. Pedrick Scholar
WHAT OTHERS SAY
American Antitrust Institute
- Outstanding Antitrust Litigation achievement in Private Law Practice in 2023 for In re Broiler Chicken Grower Antitrust Litigation
Best Lawyers
- Ones to Watch in 2025
- Antitrust Law
- Litigation - Antitrust
Benchmark Litigation
- 40 & Under List since 2023
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
Legal 500
"Gary Smith is a very talented, ethical lawyer." (Legal 500 US, Antitrust - Civil Litigation/Class Action: Plaintiff, 2024)
"Gary Smith is a very smart lawyer, that is a very skilled advocate, who, while representing his clients’ interests vigorously, takes his professional and ethical obligations seriously." (Legal 500 US, Antitrust - Civil Litigation/Class Action: Plaintiff, 2023)
"Gary Smith is a pleasure to work with. He is creative and intellectually nimble in crafting antitrust theories and legal arguments. He is also a practical and effective litigator." (Legal 500 US, Antitrust - Civil Litigation/Class Action: Plaintiff, 2023)
Super Lawyers
- Rising Star, Antitrust Litigation in Pennsylvania (2017 - 2022)
- Super Lawyer, Antitrust Litigation in Pennsylvania in 2023
- Super Lawyer, Antitrust Litigation in Northern California in 2024
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.
PUBLICATIONS
Gary's other publications include:
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- "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
Press:
- "Vaccine Buyers Allowed To Bring Antitrust Suit Against Sanofi," Law360 (Aug. 7, 2012)
- "Vaccine Buyers Get Sanofi's Antitrust Claim Scrapped," Law360 (Dec. 21, 2012)
- "Sanofi Can't Revive Antitrust Counterclaim In Vaccine Case," Law360 (April 10, 2013)
- "Health Cos. Want Antitrust Cases Consolidated In Kan.," Law360 (July 18, 2013)
- "Health Cos. Want Pa. Hospital's Antitrust Suit Dismissed," Law360 (March 20, 2014)
- "Pa. Medical Suppliers Can't Duck Antitrust Class Action," Law360 (July 30, 2014)
- "16 Big Banks To Face Revived Libor Antitrust Suit," Law360 (May 23, 2015)
- "Cardinal Health To Exit Antitrust Suit With $1.2M Deal," Law360 (Sept. 25, 2015)
- "Sanofi Vaccine Customers Get Class Cert. In Antitrust Case," Law360 (Sept. 30, 2015)
- "Pa. Hospital Urges Class Cert. In Med Supply Antitrust Row," Law360 (Oct. 9, 2015)
- "Barclays Pays $120M To Exit Part Of Libor MDL," Law360 (Nov. 13, 2015)
- "Dental Distributors Fire Back Against Antitrust Action," Law360 (March 3, 2016)
- "Dentists Smiling as Price-Fixing Conspiracy Case Survives," Law360 (Sept. 28, 2016)
- "$61M Ends Sanofi Vaccine Antitrust Dispute," Law360 (Jan. 27, 2017)
- "Airlines Can't Ditch Price-Fixing MDL, 9th Circ. Rules," Law360 (April 14, 2017)
- "Rising Star: Hausfeld's Gary Smith," Law360 (Aug. 1, 2017)
- "Doctors' Counsel Nab $27M In Sanofi Vaccine Antitrust Row," Law360 (Oct. 23, 2017)
- "$250M Citi, Barclays Libor Deals Look Worthy, Judge Says," Law360 (Jan. 23, 2018)
- "Flyers Ask Justices To Pass On Antitrust Filed-Rate Fight," Law360 (Feb. 13, 2018)
- "Chicken Farmers Accuse Processors of Illegal 'No Poach' and Wage Suppression," Global Competition Review (Feb. 26, 2018)
- "Deutsche Inks $240M Deal To Settle Libor-Rigging Row," Law360 (Feb. 27, 2018)
- "OTC Investors Win Class Cert. On Libor Antitrust Claims," Law360 (March 1, 2018)
- "Judge Certifies OTC Libor Class But Denies Others," Global Competition Review (March 2, 2018)
- "EVA Airways Settles Price-Fixing Class Action For $21M," Law360 (March 13, 2018)
- "Justices Skip Airline’s Challenge To 9th Circ. Rate Ruling," Law360 (March 19, 2018)
- "HSBC Inks $100M Deal With OTC Investors In Libor-Rig MDL," Law360 (March 29, 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)
- "Airline Passengers Win Class Cert. In Price-Fixing Suit," Law360 (Aug. 9, 2018)
- "Hausfeld, Susman Awarded $58.4M In Libor MDL Fees, Costs," Law360 (Aug. 15, 2018)
- "Dentists Get $80M From Supply Cos. To End Collusion Case," Law360 (Aug. 30, 2018)
- "EVA, Others To End Trans-Pacific Price-Fix Row For $50M," Law360 (Oct. 12, 2018)
- "Hausfeld, Susman Win $63M In Attys' Fees In Libor MDL," Law360 (Oct. 26, 2018)
- 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)
- "Tyson, Others Try To Stop Consolidation Of Price-Fixing Suits," Law360 (Dec. 3, 2020)
- "Purdue Inks Deal To Exit From Chicken Price-Fix Suit," Law360 (July 26, 2021)
- "Tyson, Purdue Farms Shell Out $36 Million To Settle Antitrust Claims," Tri-States Public Radio (September 2, 2021)
- "'Data-Rich' Sources Can ID Niaspan Class, 3rd Circ. Told," Law360 (January 21, 2022)
- "$35 Perdue, Tyson Deals With Chicken Farmers Cleared," Law360 (February 22, 2022)
- "T-Mobile's Merger With Sprint Hurt All Phone Bills, Suit Says," Law360 (June 17, 2022)
- "T-Mobile Wants Suit Over $26B Sprint Merger Sent to NY," Law360 (August 24, 2022)
- "Subscribers Fight T-Mobile's Bid to Transfer Merger Case," Law360 (September 20, 2022)
- "T-Mobile Loses Bid To Kick III. Merger Challenge To NY," Law360 (October 7, 2022)
- "Rental Pricing Co., Landlords Accused of Cartel Activity," Law360 (October 19, 2022)
- "Is an Algorithm Raising Your Rent? A New Class Action Lawsuit Says Yes," Gizmodo (October 21, 2022)
- "Company That Makes Rent-Setting Software for Apartments Accused of Collusion, Lawsuit Say," ProPublica (October 21, 2022)
- "Pilgrim's Reveals Expanded DOJ Probe Into Grower Contracts," Law360 (October 27, 2022)
- "T-Mobile Drops Bid To Pause Private Merger Suit," Law360 (December 13, 2022)
- "Sanderson Farms Latest To Cut Chicken Price-Fixing Deal," Law360 (January 6, 2023)
- "RealPage Plaintiffs Back National Structure For Antitrust Suits," Law360 (January 9, 2023)
- "The fight is on for control of RealPage antitrust litigation," Reuters (January 10, 2023)
- "Judge Rejects RealPage Landlord's Venue-Shopping Claims," Law360 (January 10, 2023)
- "SocGen, 2 Other Banks Reach $90M Libor Deal With Investors," Law360 (May 22, 2023)
- "Scott & Scott, Hausfeld, Robins Kaplan To Lead RealPage Suit," Law360 (June 13, 2023)
- "Dozens Of Real Estate Cos. Want Out Of RealPage MDL," Law360 (July 10, 2023)
- "Rabobank, Lloyds, Other Banks Reach $101M Libor Deal," Law360 (July 24, 2023)
- "RealPage, Landlords Can't Avoid Antitrust Case, Tenants Say," Law360 (July 25, 2023)
- "DOJ Mulling Statement In RealPage Antitrust Case," Law360 (October 16, 2023)
- "Susman Godfrey, Hausfeld Split $22M Fee In Libor Case," Law360 (October 17, 2023)
- "DC's AG Accuses RealPage, Landlords Of Price Fixing," Law360 (November 1, 2023)
- "T-Mobile-Sprint Deal Challenge Can Proceed Without SoftBank," Law360 (November 3, 2023)
- "RealPage Antitrust Case Poses AI Price-Setting Collusion Test," Bloomberg Law (December 11, 2023)
- "T-Mobile Appeal Will Make Merger Harder to Undo, Court Told," Law360 (December 15, 2023)
- "RealPage must face renters' price-fixing lawsuit over multifamily housing," Reuters (December 29, 2023)
- "Rent-Fixing Lawsuit Against RealPage Moves Forward," Commercial Observer (December 29, 2023)
- "Judge Keeps RealPage Rent-Fixing MDL Alive," Law360 (January 2, 2024)
- "RealPage and property managers must face hub-and-spoke claims," Global Competition Review (January 3, 2024)
- "Pilgrim's Pride loses bid to block US chicken growers' class action," Reuters (May 9, 2024)
- "T-Mobile loses bid to appeal key ruling in Spring merger lawsuit," Reuters (May 16, 2024)
- "T-Mobile Must Face Sprint Merger Suit Before Appealing,” Law360 (May 17, 2024)
- "Pennsylvania hospital alleges bed monopoly," Global Competition Review (June 24, 2024)
- "Tuna Buyers Settle $1B Price-Fixing Claims Before July Trial - Law360" Law360 (June 25, 2024)
- "Pilgrim's Reaches Settlement to Resolve Farmer Wage-Fixing Case," Bloomberg Law (June 26, 2024)
- "Tower Health's Reading Hospital sues hospital bed maker Hill-Rom for alleged anticompetitive tactics," Philadelphia Business Journal (July 5, 2024)
- "Pilgrim's Pride to Pay $100 Million in Chicken Farmer Settlement," Bloomberg Law (August 19, 2024)
- "Pilgrim's Pride in $100 million settlement over chicken farmers' pay," Reuters (August 19, 2024)
- "Pilgrim's Pride Agrees To Pay $100M in Chicken Farmers' Suit," Law360 (August 19, 2024)
EVENTS
- "AI Antitrust Recent Developments," (May 29, 2024), Panelist
- "Third Party Filers," Complex Litigation Ethics Conference (Oct. 27, 2023), Panelist
- “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
Experience
Antitrust/Competition
- In re LIBOR-Based Financial Instruments Antitrust Litigation – In which a certified class of purchasers of over-the-counter (OTC) financial instruments with interest payments tied to the London Interbank Offering Rate (LIBOR) are challenging the collusive manipulation of U.S. Dollar LIBOR by the world’s largest financial institutions. The collusion is claimed to have suppressed the U.S. Dollar LIBOR rate, which allowed the defendant banks to benefit financially to the detriment of their counterparties in OTC financial instruments such as swaps and bonds. The case has resulted in $781 million in settlements with twelve banks, and continues against the remaining five defendant banks.
- In re Broiler Chicken Grower Antitrust Litigation – in which a certified class of broiler chicken farmers (referred to as “Growers”) claim that over twenty of the country’s largest poultry producers, including Tyson, Pilgrim’s, Perdue, Koch Foods, and Sanderson Farms colluded to suppress Grower pay through agreements not to recruit, solicit, or “poach” one another’s Growers and through comprehensive and systematic exchanges of Grower compensation information. Settlements have been reached with Tyson ($21 million), Perdue ($14.75 million), Koch Foods ($15.5 million), Sanderson Farms ($17.75 million), and Pilgrim’s Pride ($100 million) totaling $169 million.
- In re Dental Supplies Antitrust Litigation – In which a proposed class of private dental practices claimed that the four major distributors of dental products and equipment conspired to fix margins, divide markets and allocate customers, and orchestrate industry boycotts of lower-priced, innovative rivals. Gary beat the Federal Trade Commission (“FTC”) to the courthouse by almost two years, with the FTC filing a related lawsuit against the dental distributor companies well after the private plaintiffs first initiated their action, borrowing legal theories first investigated and advanced by the private plaintiffs. The private plaintiffs’ action was settled just minutes before a class certification Daubert hearing was set to commence for $80 million.
- Adriana M. Castro, M.D., P.A. v. Sanofi Pasteur Inc. – In which a certified class of wholesalers, hospitals, and physicians that purchased Sanofi’s quadrivalent conjugate meningococcal vaccine (MCV4) Menactra (a vaccine for Meningitis) claimed that Sanofi monopolized the MCV4 market by threatening large price penalties across Sanofi’s broad line of pediatric vaccines if pediatricians purchased MCV4 vaccines from Sanofi’s only MCV4 rival, Novartis’s Menveo. The suit claimed that Sanofi’s conditional pricing practices had the purpose and effect of foreclosing Sanofi’s only MCV4 rival from the market, allowing Sanofi to continue to charge monopoly prices for Menactra. The case settled in December 2016 for $61.5 million.
- In re Transpacific Passenger Air Transportation Antitrust Litigation – In which a certified class of consumers of transpacific passenger air travel claimed that thirteen airlines conspired to fix the prices of certain air fares and fuel surcharges. The last of the thirteen defendants settled on the eve of trial for $58 million, bringing the total settlements in the case to over $147 million.
- In Re: RealPage, Inc., Rental Software Antitrust Litigation – Hausfeld serves as co-lead counsel in the federal antitrust class action against RealPage, Inc. and several of their property management clients, alleging that the Defendants, some of the largest owners and managers of rental real estate in the United States, conspired to use RealPage’s so-called “revenue management” service to set rental prices and restrict the supply of available rental units in major metropolitan areas across the United States.