Photo of Ross Demain

Ross Demain

Ross Demain advises clients in complex antitrust matters, including government investigations; mergers and acquisitions, joint ventures, and other transactions; litigation; compliance; and trade association activities.

He has represented clients in civil and criminal investigations before the Department of Justice, Federal Trade Commission, and state antitrust enforcers, and as both plaintiffs and defendants in private antitrust litigation. Mr. Demain also regularly helps clients assess and comply with their obligations under the HSR Act.

Mr. Demain has significant experience helping clients achieve positive outcomes across a variety of industries and sectors, including technology, electronics, cable, broadcast, industrial products, energy and natural resources, defense, pharmaceuticals, medical devices, sports, and financial services.

Recent litigation victories in which Mr. Demain has been involved include obtaining dismissal of an antitrust claim in a precedent-setting case at the International Trade Commission that confirmed that the antitrust injury requirement applies to claims brought under Section 337 (ITC 2018); achieving one of the first dismissals of a corporate defendant on jurisdictional grounds in the sprawling In re Automotive Parts Antitrust Litigation, 2013 U.S. Dist. LEXIS 80337 (E.D. Mich. 2013); attaining dismissal of a purported class action antitrust suit brought by retired NFL players alleging a conspiracy to restrain a market for the sale of their images and likenesses, Washington v. National Football League, 2012 U.S. Dist. LEXIS 89401 (D. Minn. 2012); and obtaining an early dismissal of novel resale price maintenance claims brought in federal court under New York's Donnelly Act. Worldhomecenter.com, Inc. v. KWC America, Inc., 2011 U.S. Dist. LEXIS 104496 (S.D.N.Y. 2011).

On October 17, 2023, the U.S. Government Accountability Office (“GAO”) published a report on mergers and acquisitions (“M&A”) in the defense industrial base. The report details the current M&A review process of the Department of Defense (“DOD”) and provides recommendations to proactively assess M&A competition risks.Continue Reading GAO Recommends Increased Guidance for DOD Mergers & Acquisitions Review

Just over a year after launching the Procurement Collusion Strike Force (“PCSF”), the U.S. Department of Justice’s Antitrust Division (“DOJ”) announced new measures to further its pursuit of antitrust and related crimes in government procurement, grant, and program funding.  These changes expand the PCSF’s enforcement capacity and signal DOJ’s enduring—and intensifying—commitment to the PCSF’s mission.

The PCSF has added 11 new national partners: the Department of Homeland Security Office of the Inspector General, the Air Force Office of Special Investigations, and nine new U.S. Attorneys.  As a result, the growing PCSF coalition now includes 29 agencies and offices, including U.S. Attorneys in 22 federal judicial districts; the Federal Bureau of Investigation; and Offices of Inspectors General at six federal agencies.  The PCSF also named the Antitrust Division’s Daniel Glad as the Strike Force’s first permanent director, solidifying the PCSF’s institutional role at DOJ.  Glad previously served as an Assistant Chief at the Antitrust Division’s Chicago Office.
Continue Reading Expansion of the Procurement Collusion Strike Force