C. Fairley Spillman is a partner in the antitrust and unfair competition practice.

Practice & Background

Ms. Spillman focuses on complex antitrust matters. She represents companies in private antitrust litigation, including class actions and multidistrict litigation. Ms. Spillman also represents clients in connection with FTC and Department of Justice (DOJ) antitrust investigations and litigation, and she counsels clients regarding antitrust issues. Ms. Spillman’s antitrust work frequently includes matters involving health care industry clients and pharmaceutical companies.

Ms. Spillman also represents energy clients, including electricity industry clients, both in antitrust matters and in matters that do not arise under the antitrust laws. This work includes representation of companies before the U.S. Federal Energy Regulatory Commission. Ms. Spillman has also litigated and advised clients regarding a variety of actions of the federal government, particularly with respect to energy and transportation issues. She represented a major public sector client in negotiations with the U.S. Department of Energy following the termination of the Superconducting Super Collider project.

Ms. Spillman has served as vice chair of the ABA Antitrust Section’s Fuels and Energy Committee.
Representative Matters

Ms. Spillman’s antitrust experience includes:

representing a major generic pharmaceutical company in private multiparty class action litigation and an investigation by the FTC of an alleged “reverse payment” settlement
representing a medical device manufacturer in antitrust litigation brought by an alleged competitor
representing physicians in a DOJ investigation concerning possible collusion in activities relating to state rate regulation and dealings with third party-payors
advising health industry and pharmaceutical clients on a variety of antitrust issues, including potential issues arising from implementation of the Affordable Care Act
representing four major refiners in the FTC’s investigation and enforcement action alleging that a competitor, by failing to disclose its patenting activity to regulators, improperly obtained power in the market for California reformulated gasoline
representing a major foreign petroleum company named as a defendant in private antitrust litigation growing out of actions of the Organization of Petroleum Exporting Countries (OPEC)
representing a major domestic petroleum company in private antitrust litigation alleging a conspiracy to deny supplies of natural gas to the plaintiff
representing a major domestic petroleum company in multidistrict litigation alleging a conspiracy to undervalue crude oil at the lease.

Speaking Engagements

The Attorney-Client Privilege in a Global Technological Age—Don’t Assume You’re Protected, a webinar sponsored by the Washington Metropolitan Area Corporate Counsel Association February 28, 2013
The Legal and Regulatory Landscape for Life Sciences in 2012, an Akin Gump Health Care Industry Team seminar February 22, 2012
Healthcare Antitrust Bootcamp Webinar Series, Part VIII: Antitrust Exemptions, Immunities, and Related Defenses, a webinar sponsored by the American Health Lawyers Association April 12, 2012
Private Antitrust Litigation Strategies - Understanding Litigation Trends, Implications of Parallel Proceedings and Best Practices for Defenses and Remedies, a webinar sponsored by the Legal Publications Group of Strafford Publications Inc. February 10, 2010.