Biography
Recognized nationally as a leading authority in antitrust law, Eric Hochstadt has established a distinguished record litigating the most complex competitor, merger and consumer class action cases. He also advises on criminal cartel investigations and counsels on antitrust matters with global reach. He heads Orrick’s global Antitrust Litigation practice and serves on the firm’s Management Committee.
Major players across technology, life sciences, financial services, retail, sports and transportation hire Eric again and again. Chambers USA describes him as “one of the foremost experts in antitrust law,” praised for his creativity and practical approach. Clients commend him as a “really good trial lawyer,” who is “skilled, savvy, and practical.” Lawdragon names him among the 500 “Leading Litigators in America.”
Eric has played a pivotal role in shaping modern antitrust law through his involvement in significant cases challenging important business or industry-wide practices and transformational acquisitions. This has ranged from securing a complete defense verdict in the rare antitrust jury trial attacking an asset swap transaction – a case American Lawyer dubbed “An Antitrust Unicorn — With $800M on the Line”; to defeating a government merger challenge based on the novel “potential competition” theory that a “Big Tech” firm should enter a new market by “building versus buying”; to upholding a private equity firm’s ability to do “joint bids” for investment opportunities; to securing the dismissal of an alleged “no poach” class action by avoiding automatic or per se scrutiny of a distribution arrangement at the outset of the lawsuit – a win highlighted in American Lawyer’s “Litigator of the Week” column; to achieving a landmark class action settlement against a copyright collective with 20 years of licensing and royalty rate-setting conduct relief after regulators declined to bring an enforcement action. This work often involves the testimony of C-suite witnesses, opinions of leading economic experts, and the intersection of antitrust law with employment and intellectual property laws.
A member of the Executive Committee of the Antitrust Section of the New York State Bar Association, Eric speaks regularly before antitrust bar associations and at PLI and GCR programs.
