Colin Kass

Colin Kass is a partner in the Litigation Department and Co-Chair of Proskauer’s Antitrust Group. As a seasoned trial lawyer, Colin has handled many of the nation’s most complex and innovative antitrust cases over the past 20 years.      

His practice involves a wide range of industries, including financial services, healthcare, sports, media, pharmaceuticals, and automotive markets, and spans the full-range of antitrust and unfair competition-related litigation, including class actions, competitor suits, dealer/distributor termination suits, price discrimination cases, criminal price-fixing probes, and merger injunctions.

Colin also has extensive experience interfacing with the Federal Trade Commission and Department of Justice, obtaining clearance for competitively-sensitive transactions and handling anticompetitive practices investigations. 

As a trusted advisor, Colin also counsels clients on their sales, distribution, and marketing practices, strategic ventures, and general antitrust compliance.

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Selected Publications

  • “Trial Graphics and Your Antitrust Story,” Trial Practice Committee of the ABA, co-authored with Scott Abeles (Spring 2017)
  • “Can Purchasing Efficiencies Save Mega-Mergers?,” co-authored with John Ingrassia and Rucha Desai (May 2017)
  • "Has the Supreme Court Thrown Health Care Regulation into Disarray? A Comment on the Court’s Reworking of the State Action Doctrine,” Antitrust Source, co-authored with Scott Abeles and John Ingrassia (Fall 2015)
  • “The International Comparative Legal Guide to Competition Litigation 2015, 7th Edition,” Competition Litigation: USA, co-authored with Scott Abeles (September 4, 2014)
  • "DOJ Merger Policy Shines New Light on Conduct Remedies," Association of Corporate Counsel, Lexology, co-authored with John Ingrassia (June 2011)
  • "Demanding Antitrust Side-Letter Disclosure," LAW360, co-authored with John Ingrassia (April 2011)
  • "The Uncertain State of Class Action Waivers," LAW360, co-authored with Amy Crafts (March 2010)
  • "Predatory Pricing Redux," National Law Journal (2010)
  • "Going Horizontal: Why File and Duck Strategies No Longer Work," Association of Corporate Counsel (2010)
  • "Holding Parent Companies Liable for Their Children’s Wrongs," LAW360, co-authored with Mireille Dany and Marianne Le Moullec (August 2010)
  • "Cartel Investigations: Selective Disclosures and Privilege Preservation By the Target Company Seller," Competition Law International, Vol. 3, No. 2, co-authored with James H. Mutchnik and David Spiegel (October 2007)
  • "Consumer Pricing Will Never Be the Same," Antitrust Litigator (Summer 2007)
  • "Bundled Rebates: A Temporary Blip on the Antitrust Radar," Antitrust Litigator (Fall 2006)
  • "Competition is Good Again," Legal Times, co-authored with Tefft W. Smith and Scott M. Abeles (March 2007)
  • "How to Limit LePage’s Effect," Legal Times, co-authored with Tefft W. Smith and Scott M. Abeles (March 2006)
  • "Applying the Noerr Doctrine to Pharmaceutical Patent Litigation Settlements," Antitrust Law Journal, co-authored with Mark L. Kovner and Avery W. Gardiner (2003)