Bryan Cave Combines with Berwin Leighton Paisner to Form Bryan Cave Leighton Paisner LLP Learn More

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Jake Kramer is a partner in the Antitrust and Competition group.  He works on all phases of antitrust litigation and provides thoughtful and pragmatic advice to clients on a broad array of antitrust issues.  He is committed to helping clients, judges, and juries understand and evaluate complex antitrust issues, including issues related to monopolization, monopsony, tying, vertical distribution restrictions, price discrimination, price fixing, and group boycotts.

Jake has particular insight into challenges facing companies that adopt a “razors and razor blades” business model, which sometimes results in disputes between such companies and distributors or independent service organizations that offer competing aftermarket goods or services.  Most recently, he served as trial and appellate counsel for a telecommunications and software company in a precedent-setting aftermarket case involving such a dispute.  In addition, Jake regularly writes and speaks about trends and emerging legal issues related to aftermarkets.  As a result of this experience, he is able to work with clients to develop forward-thinking and proactive strategies for securing aftermarket revenues, managing risk, and avoiding litigation.  If litigation is unavoidable, he has extensive experience defending his clients’ business interests.

Jake also has a successful complex litigation practice.  Among many other areas, he has worked on cases involving regulatory challenges under the Administrative Procedure Act, FTC investigations and class actions involving advertising and marketing claims, and qui tam whistleblower claims brought under federal and state false claims acts.  As with his antitrust practice, he works hard to distill and simplify complex legal issues for clients and courts.

Civic Involvement & Honors

    • Washington, DC, Super Lawyers 2016, "Rising Star," Antitrust Litigation
    • Washington, DC, Super Lawyers 2015, "Rising Star," Antitrust Litigation
    • Washington, DC, Super Lawyers 2014, "Rising Star"
    • Washington, DC, Super Lawyers 2015, "Rising Star," Antitrust Litigation
    • Washington, DC, Super Lawyers 2014, "Rising Star"
    • Washington, DC, Super Lawyers 2014, "Rising Star"
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Representative Experience

Representative Antitrust Experience

  • Represents renowned chef and restaurant group in defense of class action claims alleging a conspiracy to fix prices by eliminating tipping at certain high-end restaurants in New York and San Francisco.
  • Represented telecommunications and software company in a series of cases involving alleged relevant aftermarkets for service, software patches, and upgrades – including a seven-month jury trial and subsequent appeal that resulted in a precedential decision on aftermarket issues.
  • Advises clients on issues relating to aftermarkets, including forward-thinking and proactive strategies for securing aftermarket revenues, minimizing antitrust risk, and avoiding litigation.
  • Provides thoughtful and pragmatic antitrust counseling to clients, including evaluating antitrust risk, helping to structure distribution networks, and advising on compliance and training.
  • Represented manufacturer in case involving allegations of monopsony power (i.e., buyer-side monopoly power).
  • Represents individuals and entities involved in holding and promoting equestrian events in case involving allegations of monopolization under state antitrust statute.
  • Represented manufacturer of luxury automobiles in defense of class action involving allegations of price-fixing by the manufacturer and its dealers.
  • Represented airline accused of conspiring to fix prices for international air cargo.

Representative Complex Litigation Experience

  • Represents energy company in defense of alter ego and fraudulent transfer claims related to a transaction involving an oil transloading facility.
  • Represents dietary supplement company in defense of class action alleging violations of consumer protection statute.
  • Represented trade association in successful Administrative Procedure Act challenge to regulations issued by the United States Department of Labor that would extend fiduciary duties to retail insurance salesman and investment advisors, which were ultimately struck down by the Fifth Circuit.
  • Represented government contractor in defense of qui tam action alleging violations of federal and state false claims acts, employing thorough and creative analysis to rebut plaintiff’s allegations and damage claims and achieve a favorable settlement.
  • Represented Chinese tire manufacturers in RICO, fraud, and breach of contract litigation, obtaining summary judgment awarding damages to the manufacturers and dismissing distributor’s counterclaims, all of which was upheld on appeal.
  • Represented prominent university in jury trials and other proceedings involving civil rights, negligence, contract, and equitable claims asserted by former students and professors, all resulting in judgment in favor of the university.
  • Represented student journalists and neutral legal observers asserting constitutional claims following an unlawful mass arrest, resulting in landmark public interest decisions and a record settlement for clients.
  • Represented port authority in post-arbitration appeal involving complex issues of federal jurisdiction.
  • Represented apartment management company in jury trial, obtaining dismissal of claims asserted under federal civil rights laws.

Publications

  • "To Sell, License or Neither?: A Review of Lexmark v. Impression Products," Co-Author, Thompson Reuters Westlaw Journal, October 2017
  • "Enforcing Post-Sale Restrictions After Lexmark: Contracts and Antitrust Issues," IP Watchdog, June 13, 2017
  • “Justices Mulling ‘Conditional Sale’ Doctrine,” San Francisco & Los Angeles Daily Journal, May 23, 2017
  • “Competition Challenges in Aftermarkets,” Co-Author, Lexis PSL Competition, November 2016
  • "The Fight for Aftermarkets: IP and Antitrust Issues," Co-Author, Corporate Counsel, August 10, 2015
  • "Competition/Antitrust Challenges in Technology Aftermarkets," Co-Author, EU & Competition Law, March 5, 2015

Speaking Engagements

  • Presenter, Celesq Antitrust Law and Data Webinar – What In-House Counsel Should Know to Avoid Misuse of Customer Data, December 14, 2016
  • Presenter, AdvaMed IP & Antitrust Issues Webinar, February 18, 2016
  • Presenter, Abuse of Dominance in the Technology Sector Webinar, November 17, 2015
  • Presenter, Aftermarket Risk and Challenges Under US and EU Competition Law Webinar, March 18, 2015