JONATHAN M. JACOBSON
JONATHAN M. JACOBSONPartner
Antitrust
Litigation
Global Generics
Jonathan Jacobson is a partner in the firm's New York office, where he practices antitrust law. Considered one of the country's preeminent antitrust litigators, Jonathan has taken a lead role in representing major corporate clients in many high-profile antitrust litigations, investigations, trials, and appeals. He also serves as primary counsel for his clients on a wide variety of other antitrust matters.
Among other noteworthy representations, Jonathan has served as lead counsel for Coca-Cola in several cases, including PepsiCo v. Coca-Cola, a leading monopolization case under Section 2 of the Sherman Act. He also led the representation of American Express in United States v. Visa USA; defended Google in the KinderStart, Person, and TradeComet cases; defended Netflix in In re Online DVD Rental Antitrust Litigation, and Live Nation and Clear Channel in Heerwagen v. Clear Channel and In re Live Concert Antitrust Litigation. He also co-authored the brief for the respondents in the important Supreme Court case Eastman Kodak v. Image Technical Services. He serves currently as lead counsel in several major antitrust litigations.
Jonathan was appointed by Congress to serve on the Antitrust Modernization Commission, responsible for reviewing and recommending potential changes to the nation's antitrust laws, which issued its report in April 2007. He currently serves as the Committee Officer of the ABA's Section of Antitrust Law, having previously served as Publications Officer and as a member of the Antitrust Section's Council. He also served as the editorial chair of Antitrust Law Developments (6th ed.) and in several other Antitrust Section positions. Jonathan has written or edited numerous articles and books spanning the gamut of antitrust topics, including exclusionary practices, merger enforcement, government and other civil litigation matters, and cartel enforcement. He was a presenter in the DOJ/FTC Intellectual Property Hearings, the DOJ/FTC Single-Firm Conduct Hearings, the DOJ/FTC Merger Guideline Workshops, and the DOJ/FTC Most Favored Nations Clause Workshop. His recent papers include "Twenty-Five Years of Access Denials," 27 Antitrust 50 (Fall 2012), and "Contracts That Reference Rivals as an Antitrust Category," The Antitrust Source, April 2012.
Prior to joining Wilson Sonsini Goodrich & Rosati, Jonathan was a partner in Akin Gump Strauss Hauer & Feld's New York office, where he co-chaired the firm's national antitrust practice. He also has been a partner at Coudert Brothers and Lord, Day & Lord.
SELECT CLIENTS:
- The Coca-Cola Company
- American Express Company
- Live Nation
- The Nielsen Company
- Netflix
- J.D., Brooklyn Law School, 1976
Magna Cum Laude; Co-Editor-in-Chief, Brooklyn Law Review; Editor, Journal of International Law - A.B., Columbia College, 1973
- Commissioner, Antitrust Modernization Commission, U.S. Congress, 2002-2007
- Publications Officer, Section of Antitrust Law, American Bar Association, 2010-2012
- Council Member, Section of Antitrust Law, American Bar Association, 2007-2010
- Editorial Chair, Antitrust Law Developments (Sixth), Section of Antitrust Law, American Bar Association
- Co-chair, Committee on Books & Treatises, Section of Antitrust Law, American Bar Association, 2001-2004
- Editorial Co-chair, Annual Review of Antitrust Law Developments, Section of Antitrust Law, American Bar Association, 2000-2001
- Recognized in the Competition/Antitrust category of the 2012 and 2013 editions of Chambers Global: The World's Leading Lawyers for Business
- Selected as one of the "Top 10 U.S. Antitrust Defense Litigators" by Global Competition Review
- Named among the "Top 25 Competition & Antitrust Practitioners" by Best of the Best USA, Legal Media Group
- Named in the 2008, 2009, 2010, 2011, 2012, and 2013 editions of Chambers USA: America's Leading Lawyers for Business
- Selected for inclusion in the 2008, 2009, 2010, 2011, and 2012 editions of The International Who's Who of Competition Lawyers & Economists
- Named in 2006-2012 editions of New York Super Lawyers
- Co-author with S. Creighton, "Twenty-Five Years of Access Denials," Antitrust, Vol. 27, No. 1,
pp. 50-55, Fall 2012 - Co-author with D. Weick, "Contracts That Reference Rivals as an Antitrust Category," The Antitrust Source, April 2012
- Co-author with J. Choi, "Curtailing the Impact of Class Actions on Antitrust Policy," 66 NYU Annual Survey of American Law 549, 2011
- "A Note on Loyalty Discounts," The Antitrust Source, June 2010
- "Towards a Consistent Antitrust Policy for Unilateral Conduct," The Antitrust Source, February 2009
- Co-author with S. Walsh, "Merger Enforcement in an Obama Administration," The Threshold, Vol. IX, No. 1, Fall 2008
- Co-author with V. Rucker, "Whither Price Squeeze Antitrust?" Global Competition Policy, No. 1, January 2008
- "What Should Be Next at the Supreme Court?" The Antitrust Source, December 2007
- "Exploring the Antitrust Modernization Commission's Proposed Test for Bundling," Antitrust, pp. 22-29, Summer 2007
- Co-author with Scott Sher, "'No Economic Sense' Makes No Sense for Exclusive Dealing," 73 Antitrust Law Journal 779, 2006
- "Exclusive Dealing, 'Foreclosure,' and Consumer Harm," 70 Antitrust Law Journal 311, 2002
- "Do We Need A 'New Economy' Exception for Antitrust?" Antitrust, pp. 89-93, Fall 2001
- "Twenty-One Years of Antitrust Injury: Down the Alley with Brunswick v. Pueblo Bowl-O-Mat," 66 Antitrust Law Journal 273, 1998
- "Joint Purchasing, Monopsony & Antitrust," 36 Antitrust Bulletin 1, 1991
- "Spanning the Globe: What Every In-House Counsel at a Multinational Company Needs to Know," The Antitrust Source, March 2004 (transcript of an ABA Antitrust Section "Brown Bag" panel discussion, January 23, 2004)
- Please see wsgr.com for a complete list of publications.
- "Monopsony 2013: Still Not Truly Symmetric," ABA Section of Antitrust Law, 2013 Spring Meeting, April 12, 2013
- "Contracts That Reference Rivals as an Antitrust Category," ABA Section of Antitrust Law, 2012 Spring Meeting, March 28, 2012
- "Deception or Disparagement as Exclusionary Conduct? Some Observations from the Trenches," ABA Section of Antitrust Law, 2011 Spring Meeting, March 30, 2011
- "Curtailing the Impact of Class Actions on Antitrust Policy," NYU Annual Survey Symposium, Critical Directions in Antitrust, February 19, 2010
- "Implications of the Google Book Search Settlement," The Federalist Society, New York, December 14, 2009
- "Possible Revisions of the Horizontal Merger Guidelines," Department of Justice & Federal Trade Commission Workshop, New York University, December 8, 2009
- "Comparative Analysis of Different Antitrust Regimes," ABA Section of Antitrust Law and Loyola University Chicago School of Law, September 11, 2009
- "Loyola Conference Discussion," ABA Section of Antitrust Law, August 6, 2009
- "Cost-Based Rules in the New Economy," ABA Antitrust Section, 2009 Spring Meeting, March 25, 2009
- "History of Antitrust & High-Tech Markets," CCIA Antitrust Summit, October 24, 2008
- "Remedies for Dominant Firm Misconduct," ABA Section of Antitrust Law, June 4, 2008
- "Bundled Pricing and Antitrust: Turning the Page on LePage's? Recent Developments in Bundled Pricing and Exclusive Dealing," ABA Antitrust Section, 2008 Spring Meeting, March 26, 2008
- Questioner, Roundtable Conference with Enforcement Officials, ABA Antitrust Section, 2007 Spring Meeting, April 20, 2007
- "'No Economic Sense' Makes No Sense for Exclusive Dealing," ABA Antitrust Section, 2006 Spring Meeting, Exclusive Dealing Agreements: A New Frontier in Antitrust Litigation?, March 29, 2006
- "The LePage's Case and the Law of Bundled Discounts," American Bar Association, Section of Antitrust Law, 2003 Spring Meeting, April 2, 2003
- Please see wsgr.com for a complete list of speaking engagements.
- State Bar of New York
- Numerous U.S. District Courts
- Numerous U.S. Courts of Appeals
- U.S. Supreme Court
