Suzanne L. Wahl
With substantial experience in antitrust and competition, Suzanne is well positioned as both as a litigator and as an advisor.
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Suzanne’s litigation experience informs her advice to clients, helping her flag potential issues before they become true problems, while her close contact with her business clients allows her to understand and serve their concerns should litigation arise.
As a litigator, Suzanne has particular experience in the antitrust issues facing trade associations and in defending putative class actions. She is able to create and implement efficient and effective strategies to help clients achieve their goals. She has litigated in jurisdictions across the country and has litigated issues ranging from trade association rules to alleged pay-for-delay agreements.
Outside the courtroom, Suzanne previously acted as internal antitrust and competition counsel to a Fortune 20 company. She provided day-to-day advice and counseling on a range of antitrust and competition issues, such as benchmarking and information exchanges; vertical pricing issues, including resale price maintenance, minimum advertised price programs, and Colgate programs; distribution issues; Robinson-Patman Act; joint ventures; merger review by the Department of Justice or Federal Trade Commission; and government petitioning. She also managed ongoing projects and concerns and conducted trainings in a variety of corporate settings. She continues to use this experience to advise clients in many industries, ranging from agriculture to consumer products to the hospitality industry.
As a member of the firm’s eDiscovery and Litigation Readiness Group, Suzanne understands how to integrate eDiscovery with a multi-dimensional litigation strategy. To do this, she manages large-scale ESI (electronically stored information) collections and production for her clients.
Client Work
- Representing a chicken processor in a multidistrict antitrust litigation and related state Attorney General actions in Washington, Alaska, and New Mexico.
- Defending a trade association in multiple putative class actions challenging association rules under the antitrust laws.
- Defending a generic pharmaceutical manufacturer in putative class action alleging a pay-for-delay agreement.
- Provided antitrust and competition counsel for a Fortune 20 company.
- Defeated class certification in Rock v. National Collegiate Athletic Association, a case that challenged scholarship rules under the antitrust laws.
- Represented the National Collegiate Athletic Association in the O’Bannon student-athlete¬ likeness litigation. Defeated class certification on a damages class, which resulted in the plaintiffs being deprived of claims that might have been worth billions of dollars.
- Represented Valassis Communications, Inc. in a competition case against News America Marketing. A jury trial resulted in a successful verdict, leading to Valassis receiving $500 million in cash and other favorable terms.
- Managed electronic discovery issues and large scale document productions in multiple matters.
Boards, Memberships & Certifications
- Antitrust Law Section, American Bar Association
- Antitrust and Consumer Protection Daily Digest Committee, Chair
- Antitrust Law Section, Books and Treatises Committee, Past Vice Chair
- Trade, Sports and Professional Associations Committee, Past Young Lawyer Representative
- State Bar of Michigan
- Washtenaw County Bar Association (WCBA), New Lawyers Section, Past Co-president
Publications, Presentations & Recognitions
Publications
- “Importing PeaceHealth To Tying: Collins v. Kodak,” Law360 (Apr. 7, 2015)
- “Changes Among FTC Members Means No New Initiatives Soon,” (co-author) Law360 (Apr. 18, 2013)
- “How Sports, Celebrities, and Videogames Reshape the Law of Publicity,” (co-author) Sports Litigation Alert (Dec. 28, 2012)
- “Godzilla vs. Mechagodzilla: Antitrust and Intellectual Property Rights—the Ultimate Counterweapon?” (co-author) Michigan Bar Journal (Dec. 2012)
Presentations
- “Are the So-Called ‘Killer Acquisitions’ Getting a Bad Rap?” (panelist) NERA Economic Consulting, San Francisco, Calif. (Sep. 12, 2019)
- “Joint Conduct 101: Sports & Professional Associations Program,” panelist, ABA Section of Antitrust Law, Joint Conduct Committee (Nov. 10, 2017)
- “How Eisai v. Sanofi Will Affect Loyalty Discount Cases,” moderator, ABA Section of Antitrust Law, Pricing Conduct Committee (Jul. 22, 2016)
- “Implications of Sixth Circuit’s Collins Inkjet Corp. v. Eastman Kodak Co. Decision,” moderator, ABA Section of Antitrust Law, Pricing Conduct Committee (Dec. 10, 2015)
- “Play Ball: What Rules Are Reasonable,” panelist, ABA Section of Antitrust Law Spring Meeting (Apr. 6, 2015)
Recognitions
- Michigan Rising Star, Michigan Super Lawyers, Thomson Reuters (2012-2021)
- Michigan Women’s Edition Rising Star, Thomson Reuters (2015-2020)
- Outstanding New Lawyer, Washtenaw County Bar Association (2010)
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Education
University of Michigan Law School, JD, cum laude, 2007Dartmouth College, AB, summa cum laude, 2004