Carl W. Hittinger serves as BakerHostetler’s Antitrust and Competition Practice National Team Leader. A talented and experienced trial and appellate lawyer, Carl focuses his practice on complex commercial and civil rights litigation, with an emphasis on antitrust and unfair competition matters.
His 40 years of experience handling “bet the company” litigation and successfully trying lengthy jury and non-jury cases have honed Carl’s skills in the courtroom and in counseling clients on all aspects of civil and criminal antitrust and unfair competition law.
Carl has resolved high-end, complicated cases for both plaintiffs and defendants in courts and before agencies across the United States throughout his comprehensive career. Clients have praised Carl for his ability to “accurately predict the way the courts are moving in their application of various legal doctrines” (Legal 500).
Known for his insight into antitrust and other complex litigation concerns, Carl is a frequent author and speaker on such topics. He organized and led a daylong seminar on Section 5 of the Federal Trade Commission Act that featured representatives from all three branches of government.
Carl has been a regular columnist on antitrust issues for The Legal Intelligencer, America’s oldest daily law journal, since 1993, and a trusted source for Pennsylvania legal news, information and analysis. He is also a regular contributor to BakerHostetler’s Antitrust Advocate blog, providing informative commentary on the latest developments in the antitrust sector.
He is a previous recipient of the Burton Award for Legal Writing for an article he wrote on antitrust issues, and has been recognized as a Pennsylvania Super Lawyer in the area of Antitrust Litigation since 2004. Carl is the Litigation Group Coordinator for the firm’s Philadelphia office.
- In representation of shopping center developer, formulated cutting-edge antitrust claim against competing developer and supermarket chain for unlawful agreement to restrain trade in local supermarket sector; complaint withstood aggressive motions to dismiss, with court ruling that it pled a plausible prima facie case under the Sherman Act and various related state-law causes of action, and that client is entitled to full discovery on its claims.
- Successfully obtained dismissal by the Court of Appeals for the Third Circuit after nine years of complex and contentious litigation of all antitrust and unfair competition claims brought against California-based Bobrick Washroom Equipment, Inc., by a rival competitor, which sought more than $31 million in damages and fees. The decision was affirmed by the Supreme Court.
- Obtained the successful dismissal of a student due process litigation against a university client. Herbert v. Reinstein, Temple University School of Law and Temple University, 1994. US Dist. LEXIS 15234 (E.D.Pa. 1994), affirmed in part and reversed in part, 70 F.3d 1255 (3d Cir. 1995).
- Represented the client in an individual antitrust action alleging price fixing and monopolistic conduct in the plastics industry. The case was settled and the client was not sued. H&W v. Formosa Plastics (N.D. Miss. 1992).
- Represented the client in a civil action involving an anticompetitive real estate restrictive covenant. The case settled after trial while the appeal was pending. Acme Markets v. Giant Food. Inc. and Wharton Hardware(D.N.J. 1996).
- Involved in a class action antitrust litigation against a chemical manufacturing client resulting in the denial of class certification and an eventual settlement. AM/COMM Antitrust Litigation.
- Represented a client in a class and individual litigation against drug manufacturers and others alleging price discrimination and other conspiratorial activities. Brand Name Prescription Drug Antitrust Litigation (N.D. Ill. 1996).
- American Bar Association: Antitrust Law Section
- Pennsylvania Bar Association
- Philadelphia Bar Association: Federal Courts and Antitrust Law Committees
- American Health Lawyers Association
- J.D., Temple University Beasley School of Law, 1979; Research Editor, Temple Law Review; Moot Court Board
- B.A., Temple University, 1976, summa cum laude, with honors
- U.S. Supreme Court
- U.S. Court of Appeals, District of Columbia Circuit
- U.S. District Court, Eastern District of Pennsylvania
- District of Columbia
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