Title: Senior Counsel
Phone: (646) 722-8516
University of Connecticut School of Law, J.D. magna cum laude (1999)
University of Connecticut, B.A. (1991)Admissions:
Connecticut, District of Columbia, New York, U.S. Court of Appeals for the 2nd Circuit, U.S. Court of Appeals for the 4th Circuit, U.S. Court of Appeals for the 6th Circuit, U.S. Court of Appeals for the 7th Circuit, U.S. Court of Appeals for the 9th Circuit, U.S. Court of Appeals for the 11th Circuit, U.S. Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the District of Columbia Circuit, U.S. District Court for the District of CT, U.S. District Court for the District of DC, U.S. District Court for the Northern District of IL, U.S. District Court for the Eastern District of NY, U.S. District Court for the Southern District of NY, U.S. Supreme Court
Pete Barile is senior counsel at Grant & Eisenhofer, resident in the New York office. Mr. Barile litigates federal antitrust and commodity class actions and other complex matters. He has extensive experience representing both plaintiffs and defendants, providing him insight into how both sides work, benefitting clients he represents, whether plaintiff classes, opt-outs, individual competitors, or defendants. In addition to his work in federal district courts, Mr. Barile has substantial experience before the Judicial Panel on Multidistrict Litigation, federal Circuit Courts of Appeal, and the United States Supreme Court. Prior to joining Grant & Eisenhofer, he practiced both in New York and in Washington, with major defense law firms renowned for their leading antitrust practices.
Mr. Barile currently devotes a substantial amount of his practice to antitrust and commodity class action litigation involving the financial services industry in the Southern District of New York. Among the matters in which Mr. Barile is involved representing class plaintiffs are: In re Aluminum Warehousing Antitrust Litigation (co-lead counsel); In re London Silver Market, Ltd. Antitrust Litigation (co-lead counsel), and In re Zinc Antitrust Litigation (co-lead counsel), as well in the Cotton, Crude Oil, Gold, LIBOR, and ISDAfix cases, among other matters. He also has substantial experience litigating high-tech antitrust cases in the Northern District of California, including: In re Online DVD Antitrust Litigation (lead counsel); In re Lithium Ion Batteries Antitrust Litigation (executive committee); and In re High Tech Employees Antitrust Litigation (class counsel).
Mr. Barile's reported cases include: Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. 877 (2007) (lead counsel for amicus curiae Consumer Federation of America in landmark antitrust case on resale price fixing); Metallgesellschaft AG v. Sumitomo Corp. of America, 325 F.3d 836 (7th Cir. 2003) (represented opt-out plaintiffs in a leading antitrust case on international copper commodities trading); Empagran S.A. v. F. Hoffmann-LaRoche, Ltd., 417 F.3d 1267 (D.C. Cir. 2005) (represented amicus curiae in appeal concerning the Foreign Trade Antitrust Improvements Act (FTAIA)); In re Online DVD Rental Antitrust Litigation, 2010 U.S. Dist. LEXIS 138558 (2010) (obtained certification of 40 million member class of subscribers to Netflix against Netflix and Wal-Mart); In re Rail Freight Fuel Surcharge Antitrust Litigation, 593 F. Supp. 2d 29, aff'd, 602 F.3d 444, cert. denied, 131 S. Ct. 822 (2010) (obtained dismissal, affirmance, and denial of certiorari in an indirect purchaser price fixing class action against major national railroads); In re LTL Shipping Services Antitrust Litigation, 2009 U.S. Dist. LEXIS 14276 (N.D. Ga. 2009) (obtained dismissal of price fixing class action brought against major trucking companies); In re Southeastern Milk Antitrust Litigation, 555 F. Supp. 2d 934 (2008) (defeated motion to dismiss price fixing and monopolization claims brought on behalf of classes of dairy farmers); In re Medical Residents Antitrust Litigation, 339 F. Supp. 2d 26 (D.D.C. 2004), aff'd, 2006 U.S. App. LEXIS 14079 (D.C. Cir. 2006), cert. denied, 549 U.S. 1156 (2007) (obtained dismissal of price fixing class action alleging conspiracy in the hiring and compensation of medical residents); Omnicare, Inc. v. United Health Group, Inc., 524 F. Supp. 2d 1031 (N.D. Ill. 2007) (prosecuted precedent-setting private action for pre-merger gun jumping conspiracy under Section 1 of the Sherman Act).
Mr. Barile's pro bono work includes: Giles v. State of California 554 U.S. 353 (2008), in which he served as lead counsel in the U.S. Supreme Court for amicus curiae Battered Women's Justice Project, in a case concerning the scope of the Confrontation Clause of the United States Constitution.
Mr. Barile has published numerous articles and served as a panelist or speaker on antitrust issues. His work has been cited by the Federal Trade Commission and the Antitrust Modernization Commission, as well as leading academics and practitioners. He has authored or co-authored the following: Milton Handler, Dean of Antitrust, in Yale Biographical Dictionary of American Law (2010); Pattern Exception to Sham Litigation, Antitrust Exemptions & Immunities Update (2009); Private Right of Action for Pre-Merger Gun Jumping Recognized, Antitrust Litigator (2008); Supreme Court Confirms Viability of Predatory Bidding Claims, Business Law Today (2007); Antitrust Damages Resulting from Meritorious Patent Litigation, Antitrust Exemptions & Immunities Update (2007); Antitrust's New Big Brother, Business Law Today (2006); Antitrust in Wartime, Antitrust (2003); Health Care Providers and a Market Participation Exception to State Action Immunity, Antitrust Report (2000); The Microsoft Case, Connecticut Law Review (Symposium Editor) (1999). He has contributed to the following books and treatises: Indirect Purchaser Antitrust Litigation Handbook (forthcoming, 2014); Antitrust Law Developments (Seventh) (2012); Annual Review(s) of Antitrust Developments (2008-11); Antitrust & Trade Associations (2009); Antitrust & International Intellectual Property Licensing (2008); Antitrust Law Developments (Sixth) (2007); Annual Review(s) of Antitrust Developments (2005-06); Unfair Trade Practices (2003). His speaking engagements include: Panelist, ABA, Sham Litigation: Claiming and Defeating Antitrust Immunity (2011); Panelist, ABA, Fundamentals of Antitrust Exemptions & Immunities (2010); Moderator, ABA, Now the Feds Can Wiretap Suspected Antitrust Offenders (2006); Introduction, The Microsoft Case, Connecticut Law Review Symposium (1999).
Mr. Barile is active in the antitrust bar, having held a number of leadership posts in the ABA and other bar associations. He currently serves on the Advisory Board of the Loyola Institute for Consumer Antitrust Studies. He is a member of the Competition Editorial Advisory Board of Law360, a leading legal publication. Mr. Barile graduated from the University of Connecticut in 1991 with a bachelor of arts in English, and received his J.D. from the University of Connecticut School of Law in 1999, magna cum laude.