Photo of Cody D. Rockey

Cody D. Rockey Member

Areas of Practice

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, including civil litigation and criminal investigations. He also advises clients on antitrust issues related to business combinations—mergers, acquisitions, and joint ventures—including complying with pre-closing notification requirements and responding to government investigations. In addition, Mr. Rockey counsels clients on antitrust compliance.

Prior to joining Dykema, Mr. Rockey was an associate with an AmLaw 100 firm in Chicago. Prior to practicing law, Mr. Rockey was an analyst with two consulting firms that provide economic analysis and testimony in antitrust litigation.

Experience

Civil litigation. Mr. Rockey represents companies from a broad range of industries in litigation—including class actions—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 of potential anticompetitive practices  (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 collusion aimed at restricting output and increasing prices (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 civil investigatory demands and subpoenas. Representative matters include:

  • Representing a private equity fund in its acquisition of a manufacturing company
  • Representing a multinational conglomerate in its cash tender offer to acquire a majority stake in an international manufacturing company
  • Representing a closely held corporation in its sale to a private equity fund
  • Representing a hospital in its sale to a nonprofit health system
  • Representing sellers in the FTC's post-consummation investigation of a merger in the automotive safety industry
  • Representing third-parties in FTC investigations of and challenges to proposed mergers in the office supplies and beverage container industries

Criminal 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.

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.

Memberships & Involvement

American Bar Association, Antitrust Section

State Bar of Michigan, Antitrust, Trade Regulation and Franchising Section

Federal Bar Association, Trade and Regulation Section

Recognized in Michigan Super Lawyers® as a Rising Star for Antitrust Litigation, 2015-Present