The Co-Chair of the Firm’s Antitrust and Competition Practice, Benjamin G. Bradshaw focuses on antitrust and competition law litigation, investigations, and regulatory counseling. In addition to his antitrust and competition law practice, Ben has developed extensive expertise in the financial services area, representing financial services institutions in a range of class action litigation involving retirement plan services matters.
Ben also regularly advises aviation clients on a wide variety of aviation regulatory and compliance issues and has significant litigation experience in the healthcare industry. Ben has been recognized by Legal 500 United States for his antitrust litigation practice. He has a wealth of experience in complex antitrust counseling, investigations, and litigation, as well as agency investigations and merger reviews. Ben regularly represents multinational clients in connection with international cartel investigations and class action litigation.
He has defended major companies in a wide range of private antitrust actions involving claims of price-fixing, monopolization, and unfair and deceptive trade practices. He has also represented clients in multiple criminal proceedings and investigations before the Department of Justice.
Ben frequently represents financial institutions in connection with ERISA-related class action litigation involving 401(k) plan fees and alleged breaches of fiduciary duty. In addition, he has extensive transportation and aviation regulatory experience. Ben regularly advises clients on compliance, advertising, airport privatization, foreign investments, international route rights, and aviation-related transactions.
Ben works diligently to guide his clients through extremely complex and sensitive litigation. He utilizes his broad experience and robust skills to devise effective strategies to resolve client matters efficiently while mitigating litigation’s impact on business operations and reputations. Ben is also an experienced trial lawyer, having tried several cases to verdict since 2009.
Ben is a frequent author and speaker addressing a variety of subjects, including antitrust damages, foreign sovereignty, and U.S. antitrust enforcement. Ben is also O’Melveny’s firmwide Talent Development Partner.
- Antitrust and Competition:
- Representing American Airlines in connection with a series of class action complaints alleging collusion to restrain capacity in the domestic airline industry
- Represented Sysco Corporation at trial in connection with the Federal Trade Commission’s suit to block Sysco’s acquisition of US Foods
- Represented Samsung Electronics Corporation and Samsung Electronics of America in the In re Cathode Ray Tube (CRT) Antitrust Litigation involving federal direct purchaser conspiracy claims and state indirect purchaser claims
- Represented affiliates of Humana, Inc. in litigation involving allegations of a group boycott and other unfair competition practices in health care provider contracting
- Represented a major managed care organization in federal litigation relating to a Department of Defense healthcare program
- Represented Chemtura Corporation in multiple federal and state price-fixing actions, including the Multi-District Litigation proceedings In re Rubber Chemicals Antitrust Litigation (alleging price-fixing of rubber chemicals), In re EPDM Antitrust Litigation (alleging price-fixing of ethylene propylene diene monomer), In re Plastic Additives Antitrust Litigation (alleging price-fixing of plastic additives), In re NBR Antitrust Litigation (alleging price-fixing of nitrile rubber), and In re Urethanes Antitrust Litigation (alleging price-fixing of urethanes chemicals)
- Investment and Retirement Plan Services:
- Representing Ameriprise Financial, Inc. in class action litigation alleging fiduciary breaches and prohibited transactions in connection with propriety investment options in 401(k) plan
- Represented affiliates of Fidelity Investments in class action litigation, including a trial, challenging the reasonableness of fee structures, including excessive administrative and investment management fees, in 401(k) plan service arrangements
- Transportation Regulatory:
- Representation of numerous clients in connection with the United States Department of Transportation foreign investment regulations
- Represented US Airways in multiple proceedings before the United States Department of Transportation on various matters, including international route authority proceedings, consumer protection investigations, certificate transfers, and airport access and slot proceedings
- Represented Prestige Cruise Holding, Inc., in connection with United States Department of Transportation investigation involving consumer advertising regulations
- Represented Midway Investment and Development Company in connection with the privatization of Chicago’s Midway International Airport, the first attempted privatization of a large-hub U.S. commercial airport
- District of Columbia
- US District Court, District of Columbia
- US District Court, Northern District of California
- University of Southern California, J.D., 1996: Executive Articles Editor, University of Southern California Law Review
- University of Southern California, M.A., International Relations, 1996
Yale University, B.A., 1993
- Honorable Tena Campbell, U.S. District Court, District of Utah
- American Bar Association, Antitrust Section
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