C. Fairley Spillman is a partner in the antitrust and unfair competition practice.

Practice & Background

Ms. Spillman focuses on complex antitrust matters. She represents companies in private antitrust litigation, including class actions and multidistrict litigation. Ms. Spillman also represents clients in connection with Federal Trade Commission (FTC) and Department of Justice (DOJ) antitrust investigations and litigation, and she counsels clients regarding antitrust issues. Ms. Spillman’s antitrust work frequently includes matters involving health care and energy industry clients.

Ms. Spillman has also litigated and advised clients regarding a variety of actions of the federal government, particularly with respect to energy and transportation issues, including motor carrier safety. She represented a major public sector client in negotiations with the Department of Energy following the termination of the Superconducting Super Collider project and has represented clients before the Federal Energy Regulatory Commission, including in contested proceedings.

Ms. Spillman has served as vice chair of the ABA Antitrust Section’s Fuels and Energy Committee.

Representative Matters

Ms. Spillman’s antitrust experience includes:

  • defending antitrust claims brought against an innovative biotechnology company, resulting in a jury verdict in favor of the client
  • defending a major medical device manufacturer in antitrust litigation brought by an alleged competitor, resulting in summary judgment for the client
  • defending a foreign financial institution in class action litigation regarding Euroyen TIBOR rate setting
  • defending a major Korean manufacturing company in class action cartel litigation
  • defending a major generic pharmaceutical company in private, multiparty class action litigation and an investigation by the FTC of an alleged “reverse payment” settlement
  • representing physicians in a DOJ investigation concerning possible collusion in activities relating to state rate regulation and dealings with third-party payors
  • advising health industry clients on a variety of antitrust issues, including potential issues arising from joint ventures and implementation of the Affordable Care Act
  • representing four major refiners in the FTC’s investigation and enforcement action alleging that a competitor, by failing to disclose its patenting activity to regulators, improperly obtained power in the market for California reformulated gasoline
  • defending a major foreign petroleum company in private antitrust litigation growing out of actions of the Organization of Petroleum Exporting Countries, resulting in dismissal of claims
  • defending a major domestic petroleum company in private antitrust litigation alleging a conspiracy to deny supplies of natural gas to the plaintiff
  • defending a major domestic petroleum company in multidistrict litigation alleging a conspiracy to undervalue crude oil at the lease.

Speaking Engagements

  • Energy Enforcement: Market Manipulation and Enforcement Concerns, Akin Gump Seminar, October 19, 2016
  • Forum Selection — Where Am I? Where Do I Want To Be?, webinar sponsored by the National Capital Regional of the Association of Corporate Counsel, October 6, 2015
  • The Attorney-Client Privilege in a Global Technological Age—Don’t Assume You’re Protected, a webinar sponsored by the Washington Metropolitan Area Corporate Counsel Association, February 28, 2013
  • The Legal and Regulatory Landscape for Life Sciences in 2012, an Akin Gump Health Care Industry Team seminar, February 22, 2012
  • Healthcare Antitrust Bootcamp Webinar Series, Part VIII: Antitrust Exemptions, Immunities, and Related Defenses, a webinar sponsored by the American Health Lawyers Association, April 12, 2012
  • Private Antitrust Litigation Strategies — Understanding Litigation Trends, Implications of Parallel Proceedings and Best Practices for Defenses and Remedies, a webinar sponsored by the Legal Publications Group of Strafford Publications Inc., February 10, 2010.