Areas of Practice
Industries
Bar Admissions
- Illinois
- Michigan
Court Admissions
- U.S. Court of Appeals, Sixth Circuit
- U.S. Court of Appeals, Seventh Circuit
- U.S. District Court, Northern District of Illinois
- U.S. District Court, Southern District of Illinois
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Western District of Michigan
Education
Harvard Law School, J.D., 2010, cum laude
University of Michigan, B.A., 2004, high honors and highest distinction
Cody Rockey represents corporate and individual clients in antitrust and competition matters, as well as a variety of commercial disputes.
Prior to joining Dykema, Mr. Rockey was an associate with an AmLaw 100 firm in Chicago. Prior to practicing law, Mr. Rockey was a consultant supporting expert witnesses in antitrust litigation.
Experience
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. 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 actions and opt-out litigation)
- Defense of a broiler producer against claims of coordinated output suppression (class actions and opt-out litigation)
- 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 terminated from the PBM's network (arbitration)
- Defense of state bar against antitrust claims related to attorney licensing
- 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 also 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 buyers and sellers in filing HSR notification, including private equity funds in the acquisition of and sale of portfolio companies, closely held corporations in sales to private equity funds, a multinational conglomerate in its cash tender offer to acquire an international manufacturing company, a hospital in its sale to a nonprofit health system, a distributor in the creation of a joint venture, and insurers in various acquisitions
- Representation of buyer in responding to second request issued by the FTC
- 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
Criminal antitrust investigations. Mr. Rockey has experience assisting clients with internal investigations, responding to grand jury subpoenas, and representing clients before the Antitrust Division of the Department of Justice in the course of criminal antitrust 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.
Significant Decisions
- Cooper v. Honeywell Int'l, Inc., 884 F.3d 612 (6th Cir. 2018)
- Cooper v. Honeywell Int'l, Inc., 2019 U.S. Dist. LEXIS 30621 (W.D. Mich. Feb. 21, 2019)
- Cooper v. Honeywell Int'l, Inc., 220 F. Supp. 3d 850 (W.D. Mich. 2016)
Seminars & Speeches
- Fireside Chat with Michigan AAG: Antitrust, Franchise, and Trade Regulation Section Fall Forum, State Bar of Michigan, ModeratorSeptember 24, 2020
- July 21, 2020
- License to Poach? Recent Antitrust Challenges to Franchise Employee Restrictions, Antitrust, Franchise, and Trade Regulation Section Fall Forum, State Bar of Michigan, PanelistSeptember 26, 2019
Publications
- May 2017Michigan Bar Journal Antitrust and Franchising Law
- January 27, 2017Law360
- Winter 2016The Antitrust Lawyerhttp://www.dykema.com/news-item-carroll-and-rockey-author-articles-for-the-antitrust-lawyer_011216.html
News
Alerts
- January 5, 2021
- April 16, 2020
- April 8, 2020
- April 6, 2020
- March 16, 2020
- March 12, 2020
- July 19, 2016
- October 6, 2014
Press Releases
- September 18, 2020
- August 22, 2019
- April 15, 2019
- September 7, 2018
- February 13, 2018
- September 5, 2017
- September 1, 2016
- September 8, 2015
Blog Posts
Memberships & Involvement
- American Bar Association, Antitrust Section
- State Bar of Michigan
- Chair, Antitrust, Trade Regulation and Franchising Section, 2020
Awards & Recognition
- Recognized in Michigan Super Lawyers® as a Rising Star for Antitrust Litigation and Business Litigation, 2015-Present
- Global Competition Review Litigation of the Year – Cartel Defense Team Award, 2019