James J. Kovacs
Partner
James Kovacs specializes in antitrust litigation and counseling, with a focus on the intersection of health care and antitrust. He also represents both plaintiffs and defendants in high-stakes litigation across industries in cases alleging antitrust violations such as price fixing, group boycotts, tying, bundling, market allocation, monopolization and anticompetitive mergers.
Clients retain Jimmy to represent them before the U.S. Department of Justice Antitrust Division, Federal Trade Commission and state attorneys general, including working with nonparties to voice concerns about potentially anticompetitive mergers and acquisitions. In addition, he advises clients on general compliance with federal and state antitrust laws, including issues related to the sharing of competitively sensitive information, joint ventures, competitor collaborations and the right to repair in aftermarkets.
Jimmy has authored amicus briefs in federal appellate courts on subjects including reverse payments, product hopping and hospital mergers. He regularly speaks and writes on antitrust topics, with a focus on the effect of antitrust law on health care providers.
Before joining Shinder Cantor Lerner, Jimmy was a partner at Constantine Cannon. He began his legal career as an associate at a boutique antitrust firm.
- Sidibe et al. v. Sutter Health. Jimmy represents a class of approximately 3 million employers and individuals who charge that Sutter, a large hospital system in Northern California, drove up hospital prices and, in turn, health insurance premiums paid by the class. Jimmy was a key team member in a five-week jury trial in the Northern District of California and helped brief the appeal to the Ninth Circuit, which overturned the jury verdict and ordered a new trial.
- Dinosaur Financial Group et al. v. S&P Global et al. Jimmy defends FactSet in an antitrust class action lawsuit alleging monopolization and conspiracy claims concerning the distribution and usage of the CUSIP financial identifier.
- In re Generic Drug Pricing Antitrust Litigation. Jimmy is counsel for CVS Pharmacy, Inc. in a multidistrict litigation pending in the Eastern District of Pennsylvania in connection with its claim regarding alleged anticompetitive behavior concerning the sale of hundreds of generic pharmaceuticals by over 20 manufacturers.
- O.E.M. Glass Network, Inc. v. Mygrant Glass Company. Jimmy represented an auto glass wholesaler alleging a horizontal group boycott by its wholesale competitors and various auto glass manufacturers. Jimmy took numerous party and nonparty depositions and drafted oppositions to defendants’ motion to dismiss and summary judgment briefs. Ultimately, his client was able to secure favorable settlements from each defendant.
- In the Matter of Louisiana Real Estate Appraisers Board. Jimmy defended a state agency in Part 3 administrative proceedings before the Federal Trade Commission and an appeal to the Fifth Circuit. The Federal Trade Commission alleged that the state agency engaged in price fixing. Jimmy took and defended key depositions, worked with the economic expert and drafted numerous briefs, including an opposition to summary judgment in which the commission sided with the state agency over the FTC’s complaint counsel.
- Black Card, LLC v. Visa U.S.A. Jimmy represented a credit card company in its breach of contract claims against Visa. Jimmy deposed key experts and led trial preparation. Ultimately, the matter settled with a favorable outcome for the client.
Bar Admissions
District of Columbia
Missouri
Education
Saint Louis University School of Law, J.D., cum laude (2013)
Fordham University, B.A. — economics, cum laude (2010)
Law360, Legal Lions of the Week (June 7, 2024)
Super Lawyers, Rising Star (2018-2023)
Media Mentions
“9th circ. won’t rethink upending Sutter Health antitrust win,” Law360 (Aug. 12, 2024)
“Auto glass wholesaler’s boycott suit teed up for trial,” Law360 (March 20, 2023)
“S&P wants antitrust suit over securities ID numbers killed,” Law360 (Feb. 15, 2023)
“Visa cuts deal with Black Card in $600M licensing row,” Law360 (July 16, 2021)
“AGs want quick appeals on state boards’ antitrust immunity,” Law360 (March 3, 2021)
“Auto glass wholesaler’s boycott suit survives dismissal bid,” Law360 (Jan. 31, 2020)
Speeches & Events
“Resetting expectations: Key antitrust considerations for provider networks in the Biden era of enhanced antitrust enforcement,” AHCA/NCAL (Oct. 3, 2023)
“Role of restrictive covenants,” American College of Cardiology Cardiovascular Summit (Feb. 18, 2023)
Professional Associations
American Bar Association, Antitrust Law Section
“Four key questions of healthcare employers about the FTC’s final rule banning most noncompetes,” (with Daniel Vitelli, Kimberly Daniel and Caitlin Perry), American Bar Association, Health eSource (Aug. 28, 2024)
“Non-compete clauses in healthcare employee contracts — a changing legal landscape and potential antitrust implications,” (with Daniel Vitelli and Jonathan Sumrell), American Bar Association, Health eSource (June 26, 2023)
“Microsoft/Activision merger primer: Claims of foreclosure in a vertical merger,” (with Shaina Vinayek), American Bar Association (March 20, 2023)
“It’s all about access to patients — health care provider antitrust challenges against dominant hospital systems,” Lexology (Aug. 23, 2022)
“The United States District Court for the Northern District of Illinois to hear a lawsuit against elite universities for price fixing financial aid to prospective students,” Concurrences (Jan. 10, 2022)
“The US President Joe Biden issues an executive order on antitrust enforcement following the FTC’s promotion of competition in aftermarkets for repairs,” Concurrences (July 9, 2021)
“Biologic manufacturers should expect antitrust scrutiny,” (with Ankur Kapoor), Law360 (April 17, 2019)
“The US District Court for the Northern District of Illinois receives a class action complaint against a pay-for-delay agreement (Abbvie),” Concurrences (March 18, 2019)
“Healthcare merger antitrust review: Increased scrutiny for any provider merger,” (with David Balto), CPI Antitrust Chronicle (July 2015)
