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David Munkittrick is a litigator and trial attorney in Proskauer’s Antitrust, Copyright and Privacy Groups. He litigates cases throughout the country, on a wide variety of matters, and at all stages of litigation, from complaint through appeal.

Antitrust

David advises clients regarding antitrust issues in a wide variety of industries, including pharmaceuticals, finance, automotive and health care. He handles a wide range of antitrust matters, including class actions, competitor suits and price discrimination claims. He was a member of the Proskauer team that secured a complete defense verdict in a widely reported price discrimination jury trial. In addition, as part of a multi-district price fixing case, he helped challenge, negotiate and significantly narrow, on behalf of a third party, a subpoena that the court called one of the most expansive ever served.

Representative antitrust matters include:

  • TrueEx LLC v. MarkitServ Ltd. Defense of antitrust claim seeking to impose a duty to deal with a competitor in the alleged market for post-trade processing of Interest Rate Swaps
  • Mathew Enterprise Inc. v. Chrysler Group LLC. Part of the trial team for Chrysler in the successful defense of a $5.1 million price discrimination action brought by a dealer, obtaining a jury verdict for Chrysler after a two week jury trial
  • Castro v. Sanofi Pasteur Inc. Counsel for Sanofi Pasteur, defending a nationwide class action alleging monopolization of the alleged market for meningitis vaccines in the United States through bundling and other exclusionary conduct