Cody D. Rockey Member

Antitrust litigation. Mr. Rockey represents companies from a broad range of industries in litigation involving claims of anticompetitive conduct such as price fixing, bid rigging, exclusive dealing, tying, and monopolization. Mr. Rockey has significant experience working with expert economists on both merits and class certification issues. Representative matters include:

• Defense of automotive suppliers against price fixing and bid rigging claims following the global investigation into alleged anticompetitive practices in the automotive industry (class action)
• Defense of a broiler producer against claims of coordinated output suppression (class action) 
• Defense of a manufacturer against vertical boycott and monopolization claims brought by a competitor
• Defense of a pharmacy benefits manager against antitrust claims brought by a pharmacy that was terminated from the PBM's network (arbitration)
• Defense of a health insurer against exclusive dealing, tying, and price discrimination claims brought by a health care provider
• Defense of a private equity firm against claims of bid rigging and market allocation in certain going-private transactions (class action)
• Defense of a containerboard manufacturer against claims of coordinated output suppression (class action)

Business combinations and merger investigations. Mr. Rockey advises clients on the antitrust risk associated with mergers, acquisitions, and joint ventures. He also assists clients in complying with pre-closing notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act. Mr. Rockey has experience representing clients in pre- and post-consummation investigations by the Federal Trade Commission and the Antitrust Division of the Department of Justice, including responding to second requests and civil investigatory demands. Representative matters include:

• Representation of private equity funds in the acquisition and sale of portfolio companies
• Representation of a multinational conglomerate in its cash tender offer to acquire a majority stake in an international manufacturing company
• Representation of closely held corporations in sales to private equity funds
• Representation of a property and casualty insurer in various acquisitions
• Representation of a hospital in its sale to a nonprofit health system
• Representation of sellers in the FTC's post-consummation investigation of a merger in the automotive safety industry
• Representation of third-parties in FTC investigations of and challenges to proposed mergers in the office supplies and beverage container industries

Criminal antitrust investigations. Mr. Rockey represents companies and individuals facing criminal price fixing and bid rigging investigations. He has experience conducting internal investigations, responding to grand jury subpoenas, representing clients before the Antitrust Division of the Department of Justice, and coordinating with counsel in other jurisdictions around the world on related investigations.

Commercial litigation. Mr. Rockey represents companies in a variety of commercial disputes. Representative matters include:

• Defense of a Fortune 100 company in LMRA/ERISA litigation over the termination of retiree medical benefits.
• Defense of an employer against claims made by a former employee under the Michigan Sales Representative Commission Act
• Defense of a distributor against claims of tortious interference associated with the acquisition of a product line previously carried by a competitor
• Representation of a logistics company in litigation following the departure of executives to a competitor, including claims of breach of fiduciary duty and theft of trade secrets

Discovery. Mr. Rockey works closely with Dykema’s Discovery Management and E-Discovery Group to help clients develop and implement cost-effective strategies to collect, review, and produce documents as part of civil discovery, in response to civil investigatory demands and grand jury subpoenas, and for internal investigations.