Carl W. Hittinger focuses his practice on complex commercial and civil rights litigation with particular emphasis on antitrust and unfair competition matters, in which he counsels clients on all aspects of civil and criminal antitrust law.

The firm's Antitrust practice group, of which Mr. Hittinger is a member, was recently named as one of the Top 10 Antitrust Litigation practices by Martindale-Hubbell®, according to the total number of antitrust cases in which the firm has represented clients in US Federal District Courts during the past two years.

Mr. Hittinger has 27 years experience successfully trying numerous, lengthy jury and non-jury cases before federal and state courts across the country. He also regularly represents corporations in investigations and actions brought by government and regulatory agencies.

He has handled various matters before the First, Second, Third, District of Columbia, Fourth and Ninth Circuit Courts of Appeal and the Supreme Court of the United States, including representing major corporations and institutions such as Sara Lee Corporation, adidas-Salomon, Citibank, Sovereign Bank, Nichia Corporation, Glaxo Smith-Kline, Young Presidents Organization International, Centric Group, EnerSys, Wayne Memorial Hospital, Children's Hospital of Philadelphia, U.S. Healthcare, Hormel Corporation, Giant Food, Inc., Wheaton Industries, Temple University, Philadelphia Newspapers, Inc., Occidental Chemical Corporation and DuPont. He has also represented family-owned businesses such as Bobrick Washroom Equipment, Inc., Peerless Boilers, Associated Communications Corporation, Shore Slurry Seal, Inc. and Priority Care Ambulance.

Mr. Hittinger was successful, after nine years of complex and contentious litigation, in having the Court of Appeals for the Third Circuit dismiss all antitrust and unfair competition claims brought against California-based Bobrick Washroom Equipment, Inc., by a rival competitor which sought over $31 million in damages and fees. The Supreme Court of the United States recently affirmed the Third Circuit.

After law school, Mr. Hittinger clerked for Chief Judge Emeritus Louis C. Bechtle of the United States District Court for the Eastern District of Pennsylvania for more than two years. He then joined Dilworth, Paxson PLLC before moving to Ballard Spahr Andrews & Ingersoll, LLP and then to Stevens & Lee in 1998, where he chaired the Antitrust and Unfair Competition Practice Group.

He has been selected by his peers as a Pennsylvania Super Lawyer in the area of Antitrust Litigation for four consecutive years.

Representative Cases:

Santana Products, Inc. v. Bobrick Washroom Equipment, Inc., 249 F.Supp. 2d 463 (M.D. Pa. 2003), affirmed in part and reversed in part. 401 F.3d 123 (3rd Cir. 2005), cert. denied, 126 S. Ct. 734 (2005)

Garr v. U.S. Healthcare, Inc., 22 F.3d 1274 (3rd Cir. 1994) , shareholders action against client, resulting in dismissal and sanctions against plaintiff's counsel.

Herbert v. Reinstein, Temple University School of Law and Temple University, 1994. U.S. Dist. LEXIS 15234 (E.D.Pa. 1994), student dues process litigation against university client, successfully dismissed.

AM/COMM Antitrust Litigation, class action litigation against client resulting in denial of class certification and eventual settlement.

DASA Antitrust Litigation, individual antitrust action against client resulting in eventual settlement.

Horizons v. FMC. et al. (E.D. Pa. 1987), individual antitrust action for bid rigging, boycotting and price fixing resulting in early settlement by all defendants except client chemical manufacturer. Matter fully litigated by client resulting in insignificant settlement for costs.

City of Philadelphia v. FMC. et al. (E.D. Pa. 1989), class action for price fixing and bid rigging in chemical industry settled on the eve of trial by client after all other defendants had settled. Served as Court appointed liaison counsel for defendants.

City of St. Paul v. FMC. et al. (D. Minn. 1991), subsequent class action litigation to City of Philadelphia brought on behalf of indirect purchasers. Class certification denied and case severely limited through motions to dismiss.

H&W v. Formosa Plastics (N.D. Miss. 1992), individual antitrust action for price fixing and monopolistic conduct in plastics industry, client not sued and case settled.

Florida Antitrust Investigation (1992), criminal antitrust investigation by Florida Attorney General's Office of chemical manufacturers and distributors for price fixing and bid rigging, no prosecutions brought against client.

Ohio Antitrust Investigation (1992), criminal antitrust investigation by Ohio Attorney General's Office of chemical manufacturers and distributors for possible price fixing and bid rigging, no prosecutions brought.

Catfish Antitrust Litigation (E.D. Pa. and N.D. Miss. 1993), civil class action and DOJ criminal antitrust investigation against client food processor and other processors for price fixing and bid rigging.

L&L v. Peerless Industries (M.D. Pa. 1995), civil action alleging price discrimination and related conspiracy by client in the residential boiler industry. Summary judgment granted on price discrimination claim.

Pharmaceutical Antitrust Investigation (E.D. Pa. 1995), DOJ criminal antitrust investigation of possible bid rigging for government contracts. Investigation concluded without indictment.

American International Container v. Diaz-Oliver v. Wheaton Industries (S.D. Fla. 1995), civil action for predatory pricing and attempted monopolization by clients.

Acme Markets v. Giant Food. Inc. and Wharton Hardware (D.N.J. 1996), civil action involving anticompetitive real estate restrictive covenant. Case settled while appeal pending.

Brand Name Prescription Drug Antitrust Litigation (N.D. 111. 1996), class and individual litigation against drug manufacturers and others alleging price discrimination and other conspiratorial activities.

Baltimore Scrap Corp. v. David J. Joseph Co. et al. (D. Md. 1996), antitrust civil action for sham litigation and related anticompetitive conduct by competitor against client.

Santana Products. Inc. v. Sylvester & Associates (E.D. N.Y. 1998), civil action for false and misleading advertisements and related alleged anti-competitive conduct by client.

LCC v. Sara Lee Corp. (D.N.J. 1997), civil action for franchise termination and fraud against client. Obtained directed verdict for client after a seven week jury trial. Sanctions assessed against plaintiff for improper substitution of expert and seven experts excluded under Daubert. Case eventually settled.

Peerless Heater Co. v. Mestek. Inc.. et al. (E.D. Pa. 1998), civil action for false and misleading statements, predatory pricing, price discrimination and related anticompetitive conduct by competitor against client. Litigation settled on eve of jury trial.

Shore Slurry Seal v. Koch Industries (E.D. Pa. 1999), civil action for declaratory and antitrust relief concerning amendment to contract.

Rohm Co.. Ltd v. Nichia Corp.. et al. (E.D. Pa. 2000), patent infringement and licensing dispute with antitrust counterclaim for conspiracy to restrain trade.

Ellen Memorial Health Care Center. Inc. v. Wayne Memorial Health System. Inc.. et al. (M.D. Pa. 2001), civil action for false and misleading statements, related monopolistic and conspiratorial conduct by clients in alleged violation of antitrust laws and Lanham Act. Case voluntarily withdrawn by plaintiff after discovery was completed and subsequently dismissed by Court with prejudice.

Admissions

• District of Columbia
• Pennsylvania
• United States Supreme Court
• United States District Court for the Eastern District of Pennsylvania
• United States District Court for the Middle District of Pennsylvania
• United States Court of Appeals for the First Circuit
• United States Court of Appeals for the Second Circuit
• United States Court of Appeals for the Third Circuit
• United States Court of Appeals for the Fourth Circuit
• United States Court of Appeals for the Ninth Circuit
• United States Court of Appeals for the District of Columbia Circuit

Memberships

• Philadelphia Bar Association, Federal Courts and Antitrust Law Committees
• Pennsylvania Bar Association
• District of Columbia Bar Association, Antitrust Law Committee
• American Bar Association, Antitrust Law Section
• Federal Bar Association
• Phi Beta Kappa

Other Professional Activities

• Court appointed Special Master in Plaza 34 Realty Assoc, v. Resolution Trust Corporation, Civil Action Nos. 93-2520 and 93-0573 (E.D. Pa.).
• Court appointed Special Master in Farley v. Cessna Aircraft Company, Civil Action No. 93-6948 (E.D. Pa.).
• Court appointed defense liaison counsel in Chlorine and Caustic Soda Antitrust Litigation, Civil Action No. 86-5428 (E.D. Pa.).

Publications

• "Where's the Beef: the Bush DOJs Merger Opposition Sawn Song?" The Legal Intelligencer, November 3, 2008 (Co-author).
• "The Candidates and Antitrust Enforcement: Changes Are Coming," The Legal Intelligencer, October 6, 2008 (Co-author).
• "3rd Circuit Interprets Leegin and Volvo Truck Antitrust Decisions," The Legal Intelligencer, August 4, 2008 (Co-author).
• "Pleading in the Post-Twombly Era: What is Really Required?" The Legal Intelligencer, June 13, 2008 (Co-author).
• "Chinese Anti-Monopoly Law to Take Effect in August," The Legal Intelligencer, April 7, 2008 (Co-author).
• "Recent High Court Rulings Don’t Deserve ‘Pro-Business’ Label," The Legal Intelligencer, April 7, 2008 (Co-author).
• "Supreme Court Decisions Weaken Antitrust Laws," Executive Counsel, March/April 2008 (Co-author).
• "The People's Republic of China Enacts Its First Comprehensive Antitrust Law: Trying to Predict the Unpredictable," New York University Journal of Law and Business, March 31, 2008 (Co-author).
• "Unearthing the Presidential Candidates' Antitrust Views, Part II: McCain & Clinton" The Legal Intelligencer, March 3, 2008 (Co-author).
• "Company Uses Antitrust Amnesty Agreement As Shield Against DOJ," Antitrust Litigation Reporter by Thompson/West, March 2008 (Co-author).
• "Unearthing the Presidential Candidates' Antitrust Views, Part I: Obama & Edwards" The Legal Intelligencer, February 4, 2008 (Co-author).
• "DOJ Bound by Antitrust Amnesty Agreement; Indictment Dismissed," The Legal Intelligencer, January 7, 2008 (Co-author).
• "Does 3rd Circuit Feesers Decision Run Afoul of Volvo Trucks?," The Legal Intelligencer, November 6, 2007 (Co-author).
• "China's Anti-Monopoly Law Creates Window for Exciting Activity," The Legal Intelligencer, October 1, 2007 (Co-author).
• "U.S. Supreme Court Decides Future of Resale Price Maintenance," The Legal Intelligencer, August 6, 2007 (Co-author).
• "Supreme Court Mulls Future of Resale Price Maintenance," The Legal Intelligencer, May 7, 2007 (Co-author).
• "The Antitrust Views of Roberts and Alito Are Still Unclear," The Legal Intelligencer, December 4, 2006 (Co-author).
• "Proof and Pleading Standards to Be Further Reviewed By High Court," The Legal Intelligencer, November 6, 2006 (Co-author).
• "Stay Tuned, as Federal Court Rejects Comcast's Antitrust Defenses," The Legal Intelligencer, October 2, 2006 (Co-author).
• "The Antitrust Legacy of Judge Edward Becker," The Legal Intelligencer, June 5, 2006.
• "Antitrust Bugs Are Multiplying in Corporate Boardrooms," The Legal Intelligencer, May 1, 2006 (Co-author).
• "Creating a Level Playing Field: Using Antitrust Laws to Keep Your Competition in Line," Mid-Atlantic Executive Legal Advisor, Spring, 2006.
• "Unilateral Misconduct Under the Antitrust and Related Laws," The Legal Intelligencer, April 3, 2006 (Co-author).
• "Supreme Court Decides its First Robinson-Patman Act Case in 12 Years," The Legal Intelligencer, March 6, 2006 (Co-author).
• "Changing of the Guard at the FTC: Important Lessons to Be Learned," The Legal Intelligencer, February 6, 2006 (Co-author).
• "Alito's Conservative Views on Antitrust Issues," The Legal Intelligencer, December 5, 2005.
• "FTC Wins Big Clayton Act Case in Chicago," The Legal Intelligencer, November 7, 2005 (Co-author).
• "Changes as Well at the FTC and Antitrust Division," The Legal Intelligencer, October 2, 2005 (Co-author).
• "Where Does High Court Nominee John Roberts Stand on Antitrust Issues?" The Legal Intelligencer, September 6, 2005.
• "Supreme Court to Decide First Robinson-Patman Act Case in a Decade," The Legal Intelligencer, July 5, 2005 (Co-author).
• "Antitrust High Stakes: Companies That Don't Have a Compliance Program Risk Paying the Price," General Counsel Mid-Atlantic, June 2005 (Co-author).
• "Antitrust Compliance For the Masses," Mid-Atlantic Executive Legal Advisor, Spring 2005 (Co-author).
• "3rd Circuit Sends Strong Message to Monopolists," The Legal Intelligencer, April 4, 2005 (Co-author).
• "FTC in the Batter's Box Again on Hospital Mergers," The Legal Intelligencer, March 7, 2005 (Co-author).
• "3rd Circuit Offers Insight Into Sherman Act Sec. 1 Claim Proofs," The Legal Intelligencer, December 21, 2004 (Co-author).

Seminars

• Association of Corporate Counsel Delaware Valley Chapter, "Critical Developments in China that Impact United States Business: What In-house Counsel Need to Know About The New Anti-Monopoly Law of the People's Republic of China" May 13, 2008, presented in conjunction with the Temple University Beasley School of Law
• Strafford Publishing CLE Corporate Counsel Teleconference, "Antitrust Risks for Trade Association Members - Best Practices to Avoid Anticompetitive Conduct Amid Increasing DOJ Scrutiny: Standard Setting & Immunities" August 13, 2008
• Strafford Publishing CLE Corporate Counsel Teleconference, "Antitrust Risks in Patent Pools: Standard Setting Issues" September 23, 2008
• Litigation Roundtable, The Legal Intelligencer, "The Future of the Noerr-Pennington Doctrine, Has It Expanded Too Far?" February 21, 2005.
• ABA Antitrust Law Section and Philadelphia Bar Association, "Antitrust Fundamentals," (Topic addressed was vertical restraints with emphasis on tying arrangements) May, 1995.
• New Jersey Orthopedic Society Conference, "Strategies for Economic Survival for the New Jersey Orthopedic Surgeon," Session: "Antitrust Issues Related to Physician Networks," March, 1995.