Jim McGibbon, a member of Sutherland’s Litigation Practice Group, focuses on the areas of antitrust, health care and franchise law. He has a wide range of antitrust litigation and advisory experience in issues relating to pricing, mergers, joint ventures, product distribution and monopolization.
Jim has successfully defended against government antitrust investigations of mergers in various industries including health care, defense, nuclear energy, pharmaceuticals, textiles, hazardous waste, payment processing, reinsurance and construction materials. He has represented defendants in federal and state criminal and civil investigations of alleged price fixing and exclusionary practices. He has defended private treble action claims for price fixing in industries that include oil, manufacturing, health care diagnostics, chemicals, chemical distribution, insurance and agricultural businesses. In addition, Jim defends against governmental investigations and private litigation relating to alleged false and deceptive claims in advertising and labeling.
In his health care practice, Jim advises hospitals, medical schools and doctor groups on issues relating to acquisitions, joint ventures, exclusive dealing arrangements, and HMO/PPO matters and litigates cases relating to these issues. Jim also litigates disputes between franchisors and their franchisees and between manufacturers and their distributors, handling cases in diverse industries such as automobiles, wireless telecommunications, fast food, hotels and over-the-counter drugs.
REPRESENTATIVE EXPERIENCE
Jim’s extensive representative experience includes:
- Serving as lead U.S. antitrust counsel for British Nuclear Fuels plc in its $5.4 billion sale of Westinghouse Electric Corp. LLC to Toshiba Corporation.
- Representing Statoil, the national oil company of Norway, in two disputes involving the international reach of U.S. antitrust laws (see Den Norske Stats Oljeselskap AS v. Heeremac VOF, 241 F.3d 420 (5th Cir. 2001), and Segal v. Pemex, 2008 WL 4900257 (M.D.FL 2008).
- Defending clients in the medical diagnostics industry and in the food service equipment industry in class actions currently pending in the Northern District of Georgia, Southern District of California and Eastern District of Pennsylvania and defending these clients in related governmental investigations.
- Defending against price fixing and bid rigging claims against companies in diverse industries such as title insurance, chemical distribution, environmental consulting and chicken processing.
- Representing a furniture manufacturer in the defense of a resale price fixing claim.
- Defending against a Federal Trade Commission investigation of a hospital merger.
- Defending an investigation by the Antitrust Division of the Department of Justice of alleged exclusionary practices at a medical school hospital.
Additional representative reported cases include:
- Coca-Cola Bottling Co. of Ogden v. Coca-Cola Co., 4 F.3d 930 (10th Cir. 1993) (dispute over bottling contract).
- Tanning Research Laboratories Inc. v. Don Suntan Corp., 482 So.2d 409 (Fla. 5th Dist. Ct. App. 1985) (distributor contract dispute).
- Carolina Furniture Co. v. Rhodes Inc., 603 F. Supp. 69 (S.D. Ga. 1984) (resale price fixing and dealer termination claim).
PROFESSIONAL HONORS AND AWARDS
- Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of antitrust law (2011)
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Founder and Initial Chair, Health Care Law Section, State Bar of Georgia (1992–1993)
- Chair, Antitrust Section, State Bar of Georgia (1989–1990)
- Member, Executive Committee, Antitrust Section, State Bar of Georgia (1986–1991)
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Author, “The Many Hats of Antitrust Counsel,” chapter in the publication Antitrust Law Deal Strategies (2007)
- Presenter, “U.S. Antitrust Issues in Mergers and Acquisitions” as part of CCH-Sponsored Seminar on “IP and Antitrust Related Legal Issues,” presented in Shanghai, China (January 16, 2009)
- Speaker, 6th Annual Defense and Aerospace Investor and Corporate Development (September 18, 2006)
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