Jon B. Jacobs

Federal and State Government Antitrust Investigations

Represent companies in investigations conducted by federal antitrust agencies and state attorneys general.

In re Cattle Antitrust Litigation

U.S. District Court for the District of Minnesota
Represent Defendant Tyson Foods, Inc. in putative class action alleging price fixing and market allocation agreements affecting the purchase of fed cattle.

Peterson, et al. v. JBS USA Food Co. Holdings, et al.

U.S. District Court for the District of Minnesota
Represent Defendant Tyson Foods, Inc. in putative class action alleging price fixing agreements affecting the sale of processed beef products.

CollegeNET, Inc. v. The Common Application, Inc.

U.S. District Court for the District of Oregon
Represent plaintiff in case challenging exclusive dealing and monopoly maintenance in online college application processing services market.

U.S. v. AT&T Inc., DirecTV Group Holdings, LLC & Time Warner Inc.

U.S. District Court for the District of Columbia
Represented third party in case challenging AT&T’s acquisition of Time Warner.

Crowder v. LinkedIn Corporation

U.S. District Court for the Northern District of California
Represent Defendant LinkedIn Corporation in putative class action alleging monopolization, attempted monopolization, and unreasonable restraints of trade in violation of Sections 1 and 2 of the Sherman Antitrust Act.

In re Thalomid and Revlimid Antitrust Litigation

U.S. District Court for the District of New Jersey
Represented third party in case challenging monopoly maintenance in the pharmaceutical industry.

U.S., et al. v. Anthem, Inc. and Cigna Corp.

U.S. District Court for the District of Columbia
Lead trial attorney for the United States in 20-day bench trial, successfully challenging Anthem’s proposed $54 billion acquisition of Cigna Corporation. 236 F.Supp.3d 171 (D.D.C. 2017), aff’d 855 F.3d 345 (D.C. Cir. 2017).*

U.S., et al. v. Dean Foods Company

U.S. District Court for the Eastern District of Wisconsin
Lead litigation attorney for the United States in case challenging Dean Foods’ acquisition of two fluid milk processing plants in Wisconsin. Case settled after extensive discovery.*

U.S., et al. v. Dairy Farmers of America, Inc. and Southern Belle Dairy Co.

U.S. District Court for the Eastern District of Kentucky
Lead attorney for United States in case challenging DFA’s acquisition of a partial ownership interest in a fluid milk processing plant in Kentucky. Case settled on the eve of trial.*

U.S. v. Dentsply International, Inc.

U.S. District Court for the District of Delaware
U.S. Court of Appeals for the Third Circuit
Co-lead trial attorney for the United States in 17-day bench trial, challenging exclusive dealing and monopoly maintenance by dominant manufacturer of prefabricated artificial teeth. Adverse district court opinion reversed by Court of Appeals on clear error grounds. 277 F.Supp.2d 387 (D.Del. 2003), reversed 399 F.3d 181 (3d Cir. 2005).*

U.S. v. UPM-Kymmene Oyj, et al.

U.S. District Court for the Northern District of Illinois
Member of trial staff for the United States in case successfully challenging merger in pressure sensitive label stock industry. 2003 WL 21781902 (N.D. Ill., July 25, 2003).*

U.S. v. Brown University, et al.

U.S. District Court for the Eastern District of Pennsylvania
U.S. Court of Appeals for the Third Circuit
Member of trial staff for the United States in case successfully challenging price fixing and agreements not to compete by MIT and the eight Ivy League universities. 805 F.Supp. 288 (E.D. Pa. 1992), aff’d in part, rev’d in part, 5 F.3d 658 (3d Cir. 1993).*

U.S. v. General Electric Company and InnoServ Technologies, Inc.

U.S. District Court for the District of Columbia
Lead attorney for the United States in case challenging acquisition by GE Medical Systems of competitor in market to service medical imaging equipment.*

U.S. v. Altivity Packaging, LLC and Graphic Packaging International, Inc.

U.S. District Court for the District of Columbia
Case challenging merger in coated recycled boxboard industry.*

U.S. v. Professional Consultants Insurance Company, Inc.

U.S. District Court for the District of Columbia
Case challenging information exchange among actuarial consulting firms.*

*Prior experience.

Representing corporate and individual clients in ongoing antitrust grand jury investigations.

International Roll-on, Roll-off Cargo Grand Jury Investigation

U.S. District Court for the District of Maryland
From 2012 to 2016, lead prosecutor in investigation of conspiracy to allocate customers and rig bids for international ocean shipping of roll-on, roll-off cargo such as cars and trucks. During that time, four corporations pleaded guilty and were sentenced to pay fines totaling more than $230 million, and four individuals pleaded guilty and were sentenced to a total of 65 months in prison.*

U.S. v. AU Optronics Corp., et al.

U.S. District Court for the Northern District of California
Lead prosecutor on economic gains issue in eight-week jury trial charging two corporations and five individuals with conspiring to fix prices of liquid crystal display panels. Guilty verdicts and $500 million fine imposed on corporation affirmed on appeal. 778 F.3d 738 (9th Cir. 2014).*

U.S. v. [--]

U.S. District Court for the District of Puerto Rico
Co-lead prosecutor in three-week jury trial against individual executive charged with conspiring to fix shipping rates on freight between the United States and Puerto Rico.*

Marine Hose Grand Jury Investigation

U.S. District Court for the Southern District of Florida
Investigation of conspiracy to allocate market shares and rig bids for sales of marine hose used to transport crude oil. Lead prosecutor in cases against one corporate co-conspirator (which pleaded guilty and agreed to pay a $3.5 million fine) and two individual co-conspirators (who pleaded guilty and were each sentenced to 14 months in prison).*

Marine Fenders Grand Jury Investigation

U.S. District Court for the Eastern District of Virginia
Investigation of conspiracy to rig bids for sales of foam-filled marine fenders and buoys. Lead prosecutor in case against Chief Executive Officer of corporate conspirator, who pleaded guilty and was sentenced to 18 months in prison.*

*Prior experience.

Advising healthcare provider clients on antitrust issues arising during contract and joint venture negotiations.

U.S., et al. v. Anthem, Inc. and Cigna Corp.

U.S. District Court for the District of Columbia
Lead trial attorney for the United States in 20-day bench trial, successfully challenging Anthem’s proposed $54 billion acquisition of Cigna Corporation. 236 F.Supp.3d 171 (D.D.C. 2017), aff’d 855 F.3d 345 (D.C. Cir. 2017).*

U.S. v. UnitedHealth Group, Inc. and PacifiCare Health Systems, Inc.

U.S. District Court for the District of Columbia
Lead attorney for the United States in case challenging merger of two health insurance companies.*

U.S. v. Mercy Health Services and Finley Tri-States Health Group, Inc.

U.S. District Court for the Northern District of Iowa
Member of trial staff for the United States in case challenging hospital merger in Dubuque, Iowa. 902 F.Supp. 968 (N.D. Iowa 1995).*

U.S. v. Morton Plant Health System, Inc. and Trustees of Mease Hospital, Inc.

U.S. District Court for the Middle District of Florida
Case challenging hospital merger in Pinellas County, Florida.*

Lead attorney for the United States in numerous investigations of other hospital and health insurance mergers, as well as investigations of health insurers’ use of Most Favored Nations clauses.*

*Prior experience.