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Mike Scarborough
Mike Scarborough
Partner — Antitrust
Partner — Antitrust

Mike Scarborough

Mike Scarborough
San Francisco

555 Mission Street
Suite 2000
San Francisco, California 94105

Mike Scarborough
  • Represented leading international electronic component manufacturers in criminal proceedings and civil price-fixing class actions, opt-out cases and State Attorneys General actions concerning thin film transistor liquid crystal display products; In re TFT-LCD (Flat Panel) Antitrust Litig., MDL No. 1827, including groundbreaking litigation regarding the Antitrust Criminal Penalty Enhancement Reform Act (618 F.Supp.2d 1194) and dismissal of multi-billion dollar opt-out claims based on overseas purchases under the Foreign Trade Antitrust Improvements Act.  Mobility LLC v. AU Optronics Corp., 775 F.3d 816 (7th Cir. 2015)

  • As lead counsel for major global provider of cybersecurity products, obtained complete dismissal of antitrust boycott and refusal to deal claims regarding testing standards development, as well as closure of related Department of Justice Antitrust Division investigation without action; NSS Labs v. Crowdstrike, Inc., Case No. 5:18-cv-5711 BLF (N.D. Cal.)

  • As national counsel, defended industry-leading global electronics companies in criminal and civil price-fixing actions regarding lithium ion rechargeable battery products; In re Lithium Ion Batteries Antitrust Litig., MDL No. 2420

  • Lead counsel for confidential consumer product distributor in Department of Justice Antitrust Division market allocation criminal investigation, which was concluded without action

  • As national counsel, represented multinational electronics companies in federal and state government enforcement and civil price-fixing class and opt-out actions regarding cathode ray tube products; In re Cathode Ray Tube (CRT) Antitrust Litig., MDL No. 1917

  • Lead counsel for global European energy company with respect to civil investigative requests from the California Attorney General and related civil litigation regarding allegedly anticompetitive energy trading practices; California v. Vitol Inc., et al., San Francisco Superior Case No. CGC-20-584456; In Re California Gasoline Spot Market Antitrust Litig., Case No. 20-cv-03131-JSC (N.D. Cal.)

  • As lead counsel, defended automotive parts manufacturing company against antitrust boycott claims; E.M. Glass Network, Inc. v. Mygrant, Case No. 1:19-cv-0742 NGG (E.D.N.Y.)

  • Defended international electronics companies in civil price-fixing class actions regarding static random access memory chip products; In re SRAM Antitrust Litig., MDL No. 1819

  • Lead counsel for information technology services company and top executive with respect to criminal Sherman Act bid-rigging charges and related false claims and unfair competition civil action by California Attorney General; California v. Pro Network Tools, Inc., San Francisco Superior Case No. CGC-15-545177

  • As national counsel, defended civil price-fixing and government enforcement actions against leading international electronics companies regarding dynamic random access memory chip products; In re DRAM Antitrust Litig., MDL No. 1486

  • Lead antitrust counsel for automotive component supplier seeking declaratory relief and determination and imposition of FRAND licensing terms in action challenging monopolization and concerted refusal to license alleged standard essential patents relevant to cellular standards on FRAND terms and conditions; Continental Automotive Systems, Inc. v. Avanci, LLC, Case No. 19-cv-2933-M (N.D. Tex.); Fifth Circuit Appeal No. 20-11032

  • Secured complete dismissal of all claims against global leading mobile device manufacturer in boycott and monopolization case relating to smartphone patent licensing, based on lack of antitrust standing and failure to allege a plausible conspiracy; obtained affirmance of defense judgment on appeal to the Ninth Circuit Court of Appeals; Cascades v. RPX Corp., Samsung Electronics, Co., Ltd., Case No. 4:12-cv-1143 YGR (N.D. Cal.); Ninth Circuit Appeal No. 16-15782, F. App’x 553, 555 (9th Cir. Dec. 11, 2017)

  • Represented leading international smartphone manufacturer in global patent and standards related antitrust governmental proceedings and private antitrust actions involving major technology companies and patent licensors

  • Obtained complete dismissal of sham litigation, predatory pricing and state unfair competition counterclaims in patent infringement action concerning electric grid voltage optimization technology; RGA Varentec, Inc. v. GridCo, Inc., Case No. 16-217-RGA-MPT (D. Del.)

  • Lead trial counsel for global micro-irrigation companies and design firms as plaintiffs in action alleging group boycott conspiracies among manufacturers of micro-irrigation products in violation of California’s Cartwright Act and Unfair Competition Law, and as defendants in companion Lanham Act and antitrust action; Jain Irrigation, Inc., et al. v. Netafim Irrigation, Inc., San Diego Superior Case No. 37-2019-00035422-CU-AT-CTL; Netafim Irrigation, Inc. Jain Irrigation, Inc., Case No. 1:21-cv-00540-AWI-EPG (E.D. Cal.)

  • As lead trial counsel, defended telescope manufacturer against price-fixing, market allocation, attempted monopolization, and related state law claims, including through six-week jury trial; Optronic Technologies, Inc. v. Ningbo Sunny Electronic Co., Ltd., Case No. 5:16-cv-6370 EJD (N.D. Cal.)

  • Represented largest independent publisher of yellow pages phone directories in California as plaintiff in below cost pricing, loss leader and secret rebate action under California Unfair Practices Act; AGI Publishing, Inc. v. YP Western Directory, Fresno Superior Case No. 14 CE CG 00656

  • Represented leading global payments & technology company in series of actions challenging foreign currency conversion practices under California Unfair Competition Law, including five-month trial and successful defense appeal of judgment; Schwartz v. Visa International Service Association, MasterCard International, Inc., et al. (2005) 132 Cal.App.4th 1452; In re Currency Conversion Fee, MDL No. 1409

  • Defended leading global payments network in coordinated class actions and related appeals concerning alleged payment card tying and network exclusionary practices; In re Credit/Debit Card Tying Cases, Cal. Jud. Council Coord. Proc. No. 4335

  • In numerous separate actions, defended international consumer electronics companies against claims of false and misleading advertising of inkjet printers, MP3 players and hard disk drives, respectively, under California’s Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act

  • Secured dismissal of putative class action against leading global payments network under California consumer privacy laws regarding highly publicized third party processor data security breach; Parke v. CardSystems Solutions, Inc., San Francisco Superior Case No. CGC-05-442624

  • Counsel for leading global payments & technology company in numerous putative class and individual actions brought variously by consumers, merchants and acquiring institutions, involving challenges to payment network’s fraud protection, chargeback processing, merchant termination and MATCH policies, programs and contracts

  • As counsel for leading media companies, blocked private antitrust challenge to acquisition of Contra Costa Timesand San Jose Mercury NewsReilly v. MediaNews Group, Inc. et al., Case No. 06-cv-04332-SI (N.D. Cal.)

  • Participated in successful trial defense of leading global, diversified information, services and media company’s acquisition of the San Francisco Chronicle; Reilly v. The Hearst Corporation, et al.(N.D. Cal. 2000) 107 F.Supp.2d 1192, 2000-2 Trade Cas. (CCH) ¶ 72,992

Credentials

  • J.D., University of California, Berkeley, 1999
  • B.A., University of Virginia, 1993, with distinction, Phi Beta Kappa
  • Chambers USA, Antitrust, 2018–2022
  • Chambers USA, “Up and Coming” in Antitrust, 2016 and 2017
  • Best Lawyers in America, “Lawyer of the Year” in Antitrust Law, 2023; Antitrust Law, 2020–2023
  • Lawdragon, 500 Leading Litigators in America, 2023
  • Daily Journal, Top Antitrust Lawyer, 2020
  • The American Lawyer, Litigator of the Week, February 25, 2016
  • Competition Law360 – Rising Star, (selected as one of the top 10 competition lawyers in the United States under the age of 40), 2010
  • Legal 500 U.S., “Recommended Lawyer” in Antitrust, Cartel, Civil litigation/class actions: defense, Merger Control, 2015–2022
  • Benchmark Litigation, Litigation Star/Antitrust Star/California Litigation Star, 2009–2023
  • Acritas Stars, Star Lawyer, 2017–2022
  • Super Lawyers, Northern California Super Lawyer, 2014–2022
  • American Bar Association, Antitrust Section
  • California Lawyers Association – Antitrust, UCL and Privacy Section
  • Executive Committee, Antitrust and Business Regulation Section of the Bar Association of San Francisco
  • California
  • U.S. Courts of Appeals for the Fifth, Seventh, Ninth and Federal Circuits
  • U.S. District Courts for the Northern, Central, Eastern and Southern Districts of California

Profiles

Publications

  • The US DoJ updates its leniency policy and issues a revised set of answers to frequently asked questions, Concurrences. e-Competitions Antitrust Bulletin, April 4, 2022
  • Privacy Now Looms Large In Antitrust Enforcement, Law360, September 17, 2021
  • Amnesty and Its Punishments: ACPERA and the Future of U.S. Antitrust Cartel Enforcement, The Legal 500 – Cartels Country Comparative Guide, April 30, 2020
  • Between a Rock and a Hard Place: Vitamin C and the Future of U.S. Antitrust Enforcement Against Chinese Companies, The Legal 500 – Cartels Country Comparative Guide, April 3, 2019
  • Northern District of California Releases Comprehensive Procedural Guidance for Class Action Settlements, Los Angeles & San Francisco Daily Journal, November 15, 2018
  • Inside The EU’s Overcharge Pass-On Study, Law360, October 27, 2016
  • The New Face of Antitrust Investigations in China, Daily Journal, October 23, 2013
  • The Case For Eliminating ACPERA’s Supplemental Cooperation Requirement For Amnesty Applicants, Competition: The Journal of the Antitrust and Unfair Competition Law Section of the State Bar of California, Vol. 20, No. 2, Fall 2011
  • Contributing author, Model Jury Instructions in Criminal Antitrust Cases, ABA Section of Antitrust Law, 2009
  • Contributing author, California State Antitrust & Unfair Competition Law, The State Bar of California Antitrust and Unfair Competition Law Section, 2009

Speaking Engagements

  • High-Tech Focus: IP and Antitrust, Informa Antitrust West Coast Conference,
    San Francisco, CA, May 13, 2022
  • The Changing Landscape of Class Action Settlement Approval Under FRCP 23, Bar Association of San Francisco, Antitrust and Business Regulation Section, January 8, 2019
  • Procedural Steps and Pitfalls in Antitrust Class Actions, American Bar Association Section of Antitrust Law, May 14, 2018
  • IBRAC’s 23rd Annual International Seminar on Competition Defense, Panelist: Controversial Issues in Antitrust Civil Liability; Foreign Speakers Roundtable
    Campos do Jordão, São Paulo, Brasil, October 25, 2017
  • “How Do Companies Resolve Worldwide Claims – What are the Risks and Opportunities,” International Developments in Private Competition Litigation Conference, Madrid, Spain, April 27, 2017