Fischer, Michelle K.

For 20 years, Michelle Fischer has focused on antitrust litigation, including class actions, and counseling in such industries as pharmaceuticals, chemicals, tobacco, food, beverages, and automotive components. In addition to serving as trial counsel in several cases, she has extensive experience in matters involving price discrimination, monopolization/attempted monopolization, price-fixing, intellectual property, distribution issues, associations, tying, refusals to deal, and exclusive dealing. Michelle also co-coordinates the Firm's practice involving application of antitrust law to issues involving intellectual property.

Michelle's experience includes appearing before federal district and appellate courts, including as trial counsel for sanofi-aventis in defending against a class action claim that the company engaged in unlawful monopolization by filing an allegedly sham citizen petition with the FDA, R.J. Reynolds in defending against a retail price discrimination claim, Schwarz Pharma in prosecuting antitrust counterclaims in an infringement suit, and Musculoskeletal Transplant Foundation in defending against infringement claims. Other examples of Michelle's experience include representing Alderwoods in defending against class action price-fixing claims and defeating class certification, and R.J. Reynolds in defending against, and obtaining summary judgment on, claims of wholesale price discrimination.

Michelle just completed her second consecutive term as chair of the Ohio State Bar Association's Antitrust Section. She has written and/or presented on various antitrust law issues, including proving relevant markets through lay witnesses (ALI-ABA's 2008 "Trying and Winning A Civil Antitrust Case"), selected contract provisions that can raise antitrust concerns (OSBA's 2008 Annual Convention), price discrimination (OSBA's 2006 Antitrust Institute), and Ohio merger law enforcement (2008 OSBA Monograph).