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Barbara T. Sicalides

Barbara T. Sicalides, a partner in the Philadelphia and Washington offices of Pepper Hamilton LLP, is head of the Antitrust Section of the firm’s Commercial Litigation Practice Group.

Ms. Sicalides’ practice covers the full range of antitrust litigation and counseling matters. In addition, she routinely handles distribution disputes and arrangements, class actions, securities and other general litigation for various domestic and international companies.

The following are representative engagements in which Ms. Sicalides has participated. She has represented: 

  • a leading producer of fresh and canned mushrooms in defense of allegations of restricting production levels 
  • a manufacturer of air-conditioning systems, bath and kitchen products and vehicle control systems in prosecution of its bid rigging and customer allocation conspiracy claims related to its purchase of commercial insurance products 
  • a major international truck manufacturer in defense of breach of contract, termination and Robinson-Patman Act claims brought by a dealer 
  • a major tobacco company in defense of Robinson-Patman Act and distributor termination claims
  • a glass manufacturer in its defense in In Re Flat Glass Antitrust Litigation, MDL 1200 (W.D.Pa.), as well as various related state and federal indirect purchaser antitrust actions
  •  a major automotive parts wholesaler in defense of a Robinson-Patman Act “mass action” by almost 200 plaintiffs
  • a major French manufacturer of building materials, flat glass, abrasives and other products in a suit alleging conspiracy to monopolize a technology market 
  • a U.K. parts manufacturer in defense of a distributor termination case charging violations of Sections 1 and 2 of the Sherman Act and in the defense of patent infringement claims 
  • a U.S. pizza franchiser in defense of class action litigation brought by franchisees charging violations of Sections 1 and 2 of the Sherman Act and various state laws 
  • a building products manufacturer in refusal to deal case charging violation of Section 1 of the Sherman Act
  • a leading chemical manufacturer in defense of a case charging violations of Sections 1 and 2 of the Sherman Act in connection with a joint venture
  • a film distribution and production company in defense of a refusal to deal case charging violation of Section 1 of the Sherman Act and Pennsylvania’s film distribution statutes
  • a film distribution and production company in defense of refusal to deal case charging violation of Section 1 of the Sherman Act and Pennsylvania’s film distribution statutes 
  • one of the largest manufactures of newsprint in an acquisition investigation
  • an international yeast manufacturer in connection with its purchase of a competitor
  • a major international glass manufacturer in structuring a joint venture with a competitor and handling the premerger review of that transaction
  • an elevator manufacturer regarding a proposed joint bid for competitor 
  • clients grappling with complex antitrust and distribution issues in the chemicals, bio-pharmaceutical, building products, flat glass, high tech and various other industries – provision of day-to-day, real-time advice
  • companies and individuals in connection with investigations by the Federal Trade Commission, Justice Department and Securities and Exchange Commission.
Ms. Sicalides is listed in The Best Lawyers in America, is highly rated in Chambers USA: America’s Leading Lawyers for Business, and was selected for inclusion on the Pennsylvania Super Lawyers and Top 50 Women Pennsylvania Super Lawyers lists for 2014. Ms. Sicalides also is listed in the Global Competition Review of Who’s Who Legal 2014. She speaks regularly and has authored numerous articles and book chapters on competition-related issues, and is an author of the 2014 edition of Model Jury Instructions in Civil Antitrust Cases. Ms. Sicalides currently serves on the editorial board of the American Bar Association’s upcoming State Antitrust Practice and Statutes (5th ed.). She is an active member of the Philadelphia Bar Association; she co-chairs its Antitrust Committee and is a member of the Executive Committee of the Business Law Section.

Ms. Sicalides also is active in pro bono and public service work, and has received numerous awards recognizing her contributions, including Community Legal Service, Inc.’s Champion of Justice and Equal Justice Awards in 2006 and 2002, respectively, and the Philadelphia Bar Association’s First Union Fidelity Award in 2002. She serves on several boards of organizations that seek to provide income-eligible individuals equal access to the legal system, and she currently serves on the executive committee of the Committee of Seventy.

Education
B.A. 1983 Barnard College
J.D. 1989, cum laude, Temple University School of Law; member, Temple Law Review

Clerkships
1989-90 Law Clerk, Honorable Joseph H. Rodriguez, U.S. District Court, District of New Jersey

Bar Admissions
Admitted to practice in Pennsylvania, New Jersey and the District of Columbia

Barbara T. Sicalides
Partner
Phone: 215.981.4783
202.220.1205
Fax: 215.981.4750
202.220.1665
sicalidesb@pepperlaw.com
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Office(s)
Philadelphia Washington, D.C.

Sicalides, Barbara T

Practice Area(s)
Antitrust and Competition
Appellate Practice

Canadian
Class Action Litigation

Commercial Litigation
International

Pro Bono/Public Service
Securities Litigation


Articles


DOJ, Antitrust Division Speaks Out on Non-Reportable Transactions

FTC Finalizes Amendments to HSR Rules Regarding Transfer of Exclusive Patent Rights in the Pharmaceutical Industry


Court Finds that Apple’s E-Book Market Entry Plan Violates the Sherman Act

Beware and Be Smart: California Remains a Danger Zone for Resale Price Restrictions


Class Arbitration Contractual Waivers Are Valid and Enforceable Even When Plaintiff’s Recovery Is Outweighed by Individual Arbitration Costs

Class Actions: A Tougher Row to Hoe


A Cure for Antitrust Standing?

Eaton Looks to U.S. Supreme Court for Help after Third Circuit Upholds


Just How Much Integration Is Enough: FTC Advisory Opinion Finally Provides Guidance for Competitors Seeking to Collaborate or Jointly Negotiate

Will FTC Chairman Leibowitz’s Departure Change the Enforcement Landscape?


FTC Announces Annual Changes to Thresholds in Clayton Act

State Courts Continue to Wrestle with Resale Price Maintenance After Leegin


Courts May Try to Harmonize Federal and State Law on the Legality of Resale Price Maintenance

The Latest on Leegin and Resale Price Maintenance – Should Manufacturers Rest Easy after the Tempur-Pedic Decision?


Competitor Collaborations: New EU Guidelines and U.S. Law Compared

Court Dismisses New York Attorney’s Attempt to Bar Resale-Price-Maintenance, But California Settlements End RPM by Two Companies


The Sentencing of Morgan Crucible’s Ian Norris

Lessons on How to Avoid Making a Bad Situation Even Worse – The Antitrust Investigation of Morgan Crucible and the Obstruction of Justice Conviction of its Former Chief Executive Officer


The Supreme Court Passes on Clarifying Joint Venture Rules: American Needle, Inc. v. National Football League

Supreme Court Continues to Narrow Viable Unilateral Conduct Claims


United States Antitrust Law Related to Bundling, Loyalty Discounts and Slotting Allowances

Antitrust Law Deal Strategies


Supreme Court Limits Competitor Lawsuits Under RICO

Pre-Closing Conduct: Sometimes Patience Is a Virtue


Factors for Wholesale and Retail Competition - What's Your Opinion?

Rapid Antitrust Review Available for Hurricane-Affected Businesses


Appeals Court Declares Three Tenors Joint Venture Out of Tune with Antitrust Laws

Court Reaffirms Its Commitment to Assessing Economic Market Realities in Monopolization Claims


Class Actions Under the Robinson-Patman Act: When, If Ever, Is Certification Possible?

U.S. Antitrust Jurisdiction Over Extraterritorial Conduct Under the Foreign Trade Antitrust Improvements Act


Two Agencies' Prescription for Health Care: 'A Dose of Competition'

Supreme Court Resolves Split on Foreign Antitrust Claims


Seventh Circuit: Non-Purchasers Can Suffer Antitrust Injury

Merger Review and Analysis


Robinson-Patman Act

An Introduction to Antitrust Immunities and Exemptions


Supreme Court Considers Whether Foreign Antitrust Plaintiffs With Injuries Suffered Abroad May Pursue Claim in U.S. Courts

Sixth Circuit Finds Antitrust Appeal Not Up to Snuff


The Plane Lands on Patent Pooling

Hart-Scott-Rodino Antitrust Amendments Signed by President Clinton



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