Eric S. Hochstadt is a partner in Weil’s Litigation Department. Mr. Hochstadt’s practice focuses on civil antitrust and other complex litigation, as well as criminal cartel investigations and antitrust counseling. He has represented clients in a broad range of industries, including broadcasting, e-commerce, electronics, financial services, pharmaceuticals, private equity, and transportation. Mr. Hochstadt has been recognized as a 2015 Competition “Rising Star” by Law360.
Mr. Hochstadt has extensive experience with consumer and antitrust class action litigation, as well as antitrust lawsuits between rivals or suppliers and distributors, in state and federal courts around the country. He has litigated numerous dispositive and strategic motions, appeals, and has facilitated a number of favorable settlements, on behalf of litigation teams representing clients including eBay, Houghton Mifflin, GE, MasterCard, and StubHub, among others.
Mr. Hochstadt is an appointed member of the Executive Committee of the New York City Bar Association’s Antitrust Committee and is an active member of the New York State Bar Association’s Class Action Committee. Mr. Hochstadt has served as a Vice-Chair of the ABA Section of Antitrust Law’s Membership & Equal Opportunity and Legislative Committees and has been an active member of the International Committee.
Mr. Hochstadt is a Lecturer in Law at Columbia Law School teaching an advanced seminar on “U.S. Civil and Criminal Enforcement of International Cartels.” Mr. Hochstadt also serves as an appointed officer of the Benjamin N. Cardozo School of Law Alumni Association’s Executive Committee. He regularly speaks and writes on a wide variety of issues.
Mr. Hochstadt began his career with the firm in 2003, following the receipt of his J.D. degree, magna cum laude and Order of the Coif, from the Benjamin N. Cardozo School of Law, where he was a Notes Editor on the Cardozo Law Review. Mr. Hochstadt received his B.A. degree in Political Science, High Distinction, from the University of Michigan in 2000. From 2006-07, Mr. Hochstadt served as a judicial clerk for the Honorable Loretta A. Preska, now Chief Judge of the US District Court for the Southern District of New York.
- Meredith Corporation, et al. v. SESAC LLC, et al., No. 09-cv-9177 (S.D.N.Y.) – Representing a group of local television stations as plaintiffs in a putative class action alleging violations of Sections 1 and 2 of the Sherman Act relating to SESAC’s licensing program for its repertory of musical performances. Mr. Hochstadt was a lead attorney in successfully opposing summary judgment ensuring that plaintiffs will get to a jury trial in their prosecution of class action antitrust claims.
- American Airlines, Inc. v. Sabre, Inc., et al., No. 067-249214-10 (Tex. Dist. Ct., Tarrant County); American Airlines Inc. v. Travelport Ltd. Et al., V. 11-0244 (N.D. Tex.) – Represented American Airlines in antitrust litigation arising out of disputes with the nation’s two largest global airline ticket distribution system (GDS) companies (Sabre Holdings and Travelport), as well as Orbitz Worldwide, an online travel agency partially owned by Travelport. American Airlines alleged that Sabre and Travelport imposed artificial barriers through their dealings with travel agencies, software developers and others to the adoption of American’s new “direct connect” technology that would allow American’s flight and fare information to bypass the GDSs and go directly to travel agencies. American Airlines sued in federal and state court for unlawful monopolization, unreasonable restraints of trade, and an illegal group boycott under federal and state antitrust law. With co-counsel, Mr. Hochstadt was involved in drafting the complaints, successfully opposing multiple motions to dismiss, participating in fact and expert discovery, and, in the case against Sabre, a jury trial. American Airlines ultimately secured favorable resolutions with each defendant. .
- Thomas H. Lee Partners, L.P. – Represented Thomas H. Lee Partners, one of the world's largest private equity firms, in a putative nationwide antitrust class action in which shareholders of publicly-traded companies that were taken private in “club” leveraged buyouts that occurred between 2003 and 2007, and that involved purchase prices in excess of $2.5 billion. Plaintiff alleged that THL and ten of the other largest private equity firms and investment banks in the world conspired to artificially suppress the prices paid to shareholders through horizontal agreements to allocate deals, rig auction bids and refrain from competing with one another in violation of the Sherman Act. Mr. Hochstadt was a lead attorney in successfully obtaining summary judgment for THL.
- Sirius XM Radio, Inc., v. SoundExchange, Inc., et al., No. 12-cv-2259 (S.D.N.Y.) – Representing leading satellite radio service provider suing the SoundExchange performance rights organization and an industry trade association for licensing practices and conduct that violate the federal antitrust laws, 15 U.S.C. §§ 1, 2.
- Hill v. StubHub, Inc., et al., No. COA11-685 (N.C. Ct. App.) – Represented StubHub, Inc. in securing a reversal on appeal and judgment in its favor in a putative consumer class action lawsuit alleging violations of North Carolina’s ticket statute, N.C. Gen. Stat. § 14-344, and North Carolina’s unfair and deceptive trade practices act, N.C. Gen. Stat. § 75-1.1, in connection with the resale of tickets to a “Miley Cyrus as Hannah Montana” concert. The case involved the scope of immunity under the Communications Decency Act – an issue of first impression under North Carolina law. Mr. Hochstadt was a primary drafter of the appellate brief.
- Precision Associates, Inc., et al. v. Panalpina World Transport (Holding) Ltd., et al., No. 1:08-cv-00042 (E.D.N.Y.) – Representing Vantec World Transport entities in a putative treble damage class action lawsuit alleging that numerous air cargo freight forwarders conspired to fix or pass-on certain charges to customers. Mr. Hochstadt was a lead attorney involved in facilitating a favorable class action settlement in this matter, obtaining final approval at the district court, and having a most-favored nation’s clause upheld against an objection from certain non-settling defendants.
- Mitsubishi Heavy Industries, Ltd., et al. v. General Electric Co., No. 10-5087 (W.D. Ark.) – Representing GE in a lawsuit brought by a competitor alleging that GE is attempting to monopolize the U.S. market for variable speed wind energy turbines through the unlawful enforcement of its patents. Mr. Hochstadt was a primary drafter of GE’s successful motion to stay Mitsubishi's antitrust and other claims in favor of the ongoing patent cases between the parties.
- Sanofi-Aventis U.S. LLC, et al v. Sandoz, Nos. 3:07-cv-02762 and 3:08-cv-02693 (D.N.J.) – Represented the patent holder and exclusive licensee in defending antitrust counterclaims asserted by a generic drug maker in patent infringement litigation involving Eloxatin®. Mr. Hochstadt was a lead drafter of the successful motion to bifurcate and stay discovery of the antitrust counterclaims pending resolution of the underlying patent case. He also provided settlement counseling and has been involved in successfully defending against a generic drug maker's challenge to its settlement.