Robert A. Milne

Partner at White & Case LLP

Robert A. Milne

Robert A. Milne

Partner at White & Case LLP

Biography

White & Chase LLP
Robert A. Milne
Partner

Robert Milne's principal areas of practice are complex litigation and counseling in the areas of antitrust (civil and criminal) and trade regulation. He has represented clients in a variety of industries, including pharmaceutical, agricultural, petrochemical, financial services, chemical, electric generating, cable, telecommunications, and leisure. Mr. Milne has litigated jury and non-jury cases before federal and state courts throughout the United States, including matters before the US Federal Trade Commission and other state and federal government agencies. He has also handled complex arbitration matters.

Prior to joining private practice, Mr. Milne served as a trial attorney with the Antitrust Division of the US Department of Justice, where he participated in civil and criminal investigations and trials in jurisdictions around the country.

Some of Mr. Milne's recent work includes:
Representing Pfizer in class action litigation accusing the company of delaying entry of generic competition to Lipitor, a major branded drug product.
Representing Pfizer in class action litigation accusing the company of delaying generic competition to Effexor XR, a major branded drug product.
Representing the Belarusian Potash Company in a series of antitrust class actions filed in U.S. Federal Courts against U.S. and non-U.S. Potash producers.
Securing a victory on behalf of Sandoz, Inc. in litigation filed by sanofi-aventis seeking to invalidate approval by the U.S. Food and Drug Administration of the first generic equivalent to sanofi’s blockbuster biologic drug, Lovenox. The court’s decision allowed Sandoz to continue to sell its product, and vindicated the power of the FDA to approve generic equivalents of complex biological drug products using a flexible scientific approach.
On behalf of Saudi Aramco, the national oil company of the Kingdom of Saudi Arabia, securing dismissal of all complaints in In re Refined Petroleum Products Antitrust Litigation, a series of nationwide class actions challenging the activities of OPEC and its members under the U.S. antitrust laws. The decision of the district court was affirmed by the Fifth Circuit Court of Appeals and the U.S. Supreme Court recently denied certiorari, giving our client a final victory.
Securing a victory for Experian Information Solutions in litigation filed on behalf of a nationwide class of credit users alleging a conspiracy among major financial institutions, credit reporting agencies and credit scoring companies to fix consumer interest rates. The Western District of Pennsylvania dismissed the complaint, giving our client a complete victory.
On behalf of Novartis Pharmaceuticals Corporation securing affirmance by the Second Circuit Court of Appeals of the dismissal of an antitrust action accusing sixteen major international pharmaceutical companies and the largest U.S. pharmaceutical wholesalers of a group boycott in violation of the antitrust laws.
Securing a jury verdict in favor of Experian Information Solutions, Inc. in Fair Isaac Corporation v. Equifax, et. al., an action brought by FICO the dominant provider of consumer credit risk scoring services, against the three major U.S. credit bureaus alleging trademark infringement and unfair competition in connection with the sale of credit scoring services. The jury also found that FICO committed fraud on the U. S. Patent and Trademark Office in procuring registration of the trademark in suit. The Eighth Circuit Court of Appeals recently affirmed the jury’s verdict.
On behalf of Experian Information Solutions, secured dismissal of federal and state antitrust claims lodged by Fair Isaac Corporation in Fair Isaac Corporation v. Equifax, et al. stemming from the formation by the three major U. S. credit bureaus of a competing scoring service. The Eighth Circuit Court of Appeals recently affirmed the jury’s verdict.
Securing jury verdict in favor of Sandoz, Inc. in Kaiser Foundation Health Plan v. Abbott Laboratories, et al. an antitrust challenge to a major patent settlement agreement. In that case, Kaiser alleged that an interim settlement between Abbott and Sandoz in connection with a patent dispute had the effect of delaying the entry of lower cost generic competition for one of Abbott's major branded drug products. After a two week trial in Federal District Court in Los Angeles, the jury found that the settlement did not delay the onset of generic competition.
Representing Novartis Pharmaceuticals Corporation in continuing opt-out proceedings in In re Brand Name Prescription Drugs Antitrust Litigation. Mr. Milne has represented Novartis Pharmaceuticals (and predecessor entities) in the Brand Name litigation since its inception, including serving as trial counsel in the Company's victory, after a ten week jury trial in the Northern District of Illinois, in the nationwide class action portion of the case.
Represented Syngenta Seeds, Inc. and Syngenta Crop Protection, Inc. in a putative nationwide class action alleging price fixing among the major producers of genetically modified seeds and herbicide products. After a mini-trial on the issues relevant to class certification, the district court denied plaintiffs' motion to certify the case for class action status. The Eighth Circuit Court of Appeals affirmed the District Court.
Representing Sandoz, Inc. in a variety of antitrust matters, including both private litigation and issues involving the federal antitrust agencies. For example, Mr. Milne represented Sandoz in the In re Terazosin Hydrochloride Antitrust Litigation, which involved cutting-edge issues in antitrust and intellectual property law. The matter was a complex, multi-fora proceeding involving multiple groups of private plaintiffs, the Federal Trade Commission and numerous state attorney generals.
Representing Lek Pharmaceuticals, a Slovenian pharmaceutical manufacturer, in a major monopolization case.
Representing a consortium of major US and European telecommunications companies in connection with various contemplated business arrangements.
Securing a victory for Novartis Pharmaceuticals Corporation in Drug Mart Pharmacy v. American Home Products Corp., et al., barring plaintiff retail drug stores from pursuing conspiracy claims under the Robinson Patman Act against the defendant pharmaceutical manufacturers.
Serving as trial counsel in two major intercreditor disputes in the bankruptcy proceeding of Adelphia Communications Corporation.
In the Chapter 11 proceeding of Mirant Corporation -- a major energy company -- Mr. Milne helped represent various Debtor entities in connection with a multi-billion dollar dispute involving a major utility and the Federal Energy Regulatory Commission.
Representing one of the defendants in litigation accusing numerous corporations of responsibility/complicity in the actions of the apartheid regime in South Africa.

Bars and Courts
New York State Bar
US District Court for the Eastern and Southern Districts of New York
US Court of Appeals for the Second Circuit
US Court of Appeals for the Fifth Circuit
US Court of Appeals for the Eighth Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the Seventh Circuit
US Supreme Court

Education
JD, University of Buffalo, cum laude, Executive Editor, Buffalo Law Review, 1989
BS, University of Rochester, Omega Chi Epsilon, National Chemical Engineering Honor Society, 1986

Professional Associations and Memberships
American Bar Association Section of Antitrust Law
- Vice-Chair, Compliance and Ethics Committee, 2010, 2011
- Editor, Handbook of the Law of Monopolization (June 2011)
- Editorial Board, Annual Review of Antitrust Law Developments, 2009
- Chapter Author, "Antitrust Analysis of Unilateral Conduct by Intellectual Property Owners." ABA, Chapter VI, "Intellectual Property and Antitrust Handbook", April 2007
New York State Bar Association
- Executive Committee, Antitrust Section

Awards and Recognition
Chambers USA
PLC Which Lawyer?
Euromoney, Benchmark Litigation
New York Superlawyers
Legal 500
Named to Law 360's 2011 "MVP" list of top antitrust lawyers in the country
Named to National Law Journal’s list of "Forty Under Forty" top young litigators in the country, July 29, 2002 issue

Publications
Editor, Handbook of the Law of Monopolization (June 2011)
Co-Author, "Recent Developments on Antitrust in the United States," The Lawyers (Japanese Legal Periodical), November 2008
Chapter Author, "Antitrust Analysis of Unilateral Conduct by Intellectual Property Owners." ABA, Chapter VI, "Intellectual Property and Antitrust Handbook", April 2007
Co-author, "Recent Activity on the Brand-Generic Drug Patent Settlement Front," Antitrust, Volume 18, No. 2, Spring 2004 (with Michael Gallagher)
Co-author, "Conspiratologists at the Gate: The Scope of Expert testimony on the Subject of Conspiracy in a Sherman Act Case," Antitrust, Volume 17, No. 2, Spring 2003 (with Jack E. Pace III)

Speaking Engagements
Japan Machinery Center for International Trade & Investment, "Recent Antitrust Developments in the U.S., E.U., and China," September 2006, 2007, 2008
Panelist ABA National Seminar, "Limiting Antitrust Risks in Settling Intellectual Property Litigation," June 22, 2004, Panelist

Languages
English

Citizenship
United States

Expertise

Commercial Litigation
Antitrust
Intellectual Property
International Trade
Pharmaceuticals and Healthcare

Awards
Robert Milne, Jack Pace, Jason Kerr Named "2011 MVPs" by Law360
Best Lawyers and Best Lawyers International 2009 Rankings

News

Court Upholds Jury Verdict for White & Case Client Experian

White & Case Wins Jury Verdict for Experian in Major Trademark Case

Publications

New York Court of Appeals Holds That State Law Cannot Reach a Purely Foreign Antitrust Conspiracy

Antitrust Division Withdraws Bush Administration's Report on Single-Firm Conduct

Overview
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Partner, Washington, DC at White & Case LLP

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Partner at White & Case LLP

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Chairman at White & Case LLP

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General Counsel at White & Case LLP

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General Counsel at White & Case LLP

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Partner at White & Case LLP

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Partner at White & Case LLP

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Chair of the Global Technology, Media & Telecommunications Industry Group at White & Case LLP

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Partner, Washington, DC at White & Case LLP

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Partner at White & Case LLP

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You
Robert A. Milne
Partner at White & Case LLP
Education
JD, cum laude
Class of 1989

University at Buffalo Law School is a school.

BS
Class of 1986

The University of Rochester is a private, nonsectarian, research university in Rochester, New York, United States. The university grants undergraduate and graduate degrees, including doctoral and professional degrees. The university has six schools and various interdisciplinary programs. The University of Rochester is noted for its Eastman School of Music. The university is also home to the Institute of Optics, founded in 1929, the first educational program in the US devoted exclusively to optics. Rochester's Laboratory for Laser Energetics is home to the second most energetic fusion laser in the world.

Memberships
Antitrust Law Section
Current

American Bar Association provides legal services. It provides law school accreditation, continuing legal education, legal information and other services to assist legal professionals. The firm has members which include judges, court administrators, law professors, and non-practicing attorneys. The company was founded on August 21, 1878 and is headquartered in Chicago, IL.

Executive Editor
Prior
Career History
Partner
Current

White & Case is an international law firm that helps companies, governments and financial institutions achieve their global ambitions. Their clients face complex challenges, and their lawyers innovative approaches consistently deliver results for their clients.

Trial Attorney, Antitrust Division
Tenure Unconfirmed

The Department of Justice enforces the law and defends the interests of the United States according to the law; ensures public safety against threats foreign and domestic; provides federal leadership in preventing and controlling crime; seeks just punishment for those guilty of unlawful behavior; and ensures fair and impartial administration of justice for all Americans.

Transactions
Details Hidden

Saudi Arabian Oil Co. purchases Saudi Basic Industries Corporation from Public Investment Fund

Other Affiliations

Robert A. Milne is affiliated with White & Case LLP, United States Department of Justice

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