Richard Ripley is a partner in the Litigation/Trial Practice Group in the Washington, D.C. office of Haynes and Boone, LLP. He concentrates his practice on complex civil litigation with a focus on antitrust and competition law.
Rick has more than 26 years of litigation and trial experience with a particular emphasis on defending market leading companies against multifaceted challenges to their pricing and distribution, marketing, and strategic business practices and conduct. He has tried antitrust and other complex claims brought by federal and state regulators, private plaintiffs and the class action bar. He also has handled numerous antitrust grand jury and government conduct investigations for Fortune 100 companies.
Rick is AV® Peer Review Rated Preeminent by Martindale-Hubbell® Law Directory.
Selected Client Representations
- The Medical Center at St. Elizabeth's Place v. MedAmerica Corp., et al. Representing a physician-owned hospital bringing a Section 1 group boycott claim against competitor hospitals in Dayton, Ohio.
- Go Figure, Inc. v. Curves International, Inc. Defended world's largest fitness center franchise against Section 1 tying and Section 2 attempted monopolization claims brought by former supplier of Curves club management software.
- Arminak & Associates, Inc. v. MeadWestvaco Calmar, Inc. Defended global manufacturer of trigger sprayers accused of violating federal and state antitrust laws through alleged exclusive dealing contracts and below-cost pricing.
- In re Cathode Ray Tubes Antitrust Litigation. Defended manufacturer of cathode ray tubes in defense of national direct and indirect purchaser class actions alleging price fixing conspiracies in violation of federal and state antitrust laws.
- In re Organic Peroxide Antitrust Litigation. Represented manufacturer of organic peroxide in defense of national direct and indirect purchaser class actions alleging price fixing conspiracies in violation of federal and state antitrust laws.
- In re Intel Microprocessors Antitrust Litigation. Represented leading manufacturer of microprocessors in more than 80 class actions in United States District Court, District of Delaware, alleging that client's marketing and sales practices violated federal and state antitrust laws. Based on a discovery plan and class strategy that Rick developed, the court denied class certification.
- United States v. Dentsply International Inc. Won a trial verdict in a case brought by the Department of Justice's Antitrust Division alleging that a client's exclusive dealer policy violated Sections 1 and 2 of the Sherman Act.
- In re Disposable Contact Lenses Antitrust Litigation. Defended Johnson & Johnson at trial against complaint brought by a national consumer class and 32 state attorneys general alleging that the client's selective distribution policy regarding its sale of contact lenses violated Section 1 of the Sherman Act. Defeated three separate state class actions bringing similar claims.
- Alvord-Polk, Inc., et al. v. F.C. Schumacher Co. Tried to a hung jury a Sherman Act group boycott claim challenging a client's selective distribution system.
- Southern Marine Supply v. Benrock, Inc, et al. Represented dominant supplier of marine engine parts and accessories in defense of a group boycott claim brought under Sections 1 and 2 of the Sherman Act.
Pro Bono Representations
- Represented Equal Rights Center in an ADA claim against Potbelly's Sandwich Works; the settlement garnered an Outstanding Achievement Award by the Washington Lawyers' Committee in 2008.
- Community for Creative Non-Violence v. Unknown Agents of United States Marshals Service. Obtained a permanent injunction against the U.S. Marshals Service on behalf of a homeless shelter as a result of the government's Fourth Amendment violations.
- Feaster v. United States. Tried and obtained a judgment of acquittal on assault with a deadly weapon charge against an HIV-positive defendant. Later won a reversal of trial verdict.
Selected Publications and Speeches
- "FTC v. Actavis: Has the Dust Really Settled?" co-author with Kyle Musgrove, CPI Antitrust Chronicle, September 2013.
- "Reverse Payment Settlements: Presumptively Bad or Usually Acceptable?" co-author with Kyle Musgrove, Competition Policy International Antitrust Chronicle, Jun 27, 2012.
- "Go Figure v. Curves International Exhibits The Difficulty of Imposing Antitrust Scrutiny to the Franchise Dynamic," Distribution, The Newsletter of the Distribution and Franchising Committee, American Bar Association, Section of Antitrust Law, Vol. 16, No. 2, June 2012.
- "In re Hydrogen Peroxide Antitrust Litigation Bleaches Clean the Class Certification Standard," Co-authored with Mark Glueck, The Antitrust Source, February 2009.
- "Wage-Fixing in the Healthcare Industry," Panelist, D.C. Bar Brown Bag Lunch Series, June 2007.
- "Exclusive Dealing After LePages and Dentsply," Panelist, ABA Antitrust Spring Meeting, 2007.
Professional and Community Involvement
- American Bar Association, Section of Antitrust Law
- Recognized by the U.S. District Court for the District of Columbia for work on the Court's Pro Se Pro Bono Program.
- Acted as general counsel to the largest homeless shelter in Washington, D.C.
Selected Representative Experience
Represented CD Listening Bar, Inc. d/b/a Super D in its acquisition of Alliance Entertainment Holding Corporation, a multimedia wholesale distributor.
Go Figure, Inc. v. Curves Int'l, Inc. (S.D. Tex.-Houston Div. 2011)
Represented health and fitness center company, Curves, in a trademark infringement and antitrust lawsuit involving a software vendor. The software vendor, Go Figure, Inc., sued Curves for declaratory relief related to Go Figure's use of Curves' trademarks as well as for purported antitrust violations under the Sherman Act after Curves developed its own health care management software. After more than two years of litigation on those charges and counterclaims of trademark infringement, the parties proceeded to trial. After only two days of witness examinations, the vendor sought a settlement, providing Curves with a take-nothing judgment and compensation.
Antitrust Counseling in Proposed Telecommunications Acquisition
Represented AT&T before the DOJ and FCC on antitrust matters related to proposed acquisition of T-Mobile USA, including pre-merger integration counseling and planning.
Trigger Sprayer Manufacturing Litigation
Representation of global manufacturer of trigger sprayers accused of violating federal and state antitrust laws through alleged exclusive dealing contracts.
Defense of Proposed Multi-Billion Dollar Telecommunications Acquisition
Defense of AT&T in merger challenges filed by Sprint and Cellular South against AT&T's proposed acquisition of T-Mobile USA.
Titanium Dioxide Antitrust Litigation
Defense of titanium dioxide producer in consolidated putative class action proceedings in U.S. District Court in Maryland alleging a nationwide price-fixing conspiracy regarding the sale of titanium dioxide. We successfully obtained dismissal of claims against the foreign parent corporation on personal jurisdiction grounds.