Tim O’Mara litigates clients’ highest stakes antitrust and unfair competition matters in federal and state courts across the US.
Tim leverages more than two decades of experience to represent clients in complex, business-defining antitrust litigation. He has successfully represented clients including:
Live Nation
Ticketmaster
Union Pacific
Emerson Electric
Electronic Arts
PG&E
Apple
Oracle
ATMI
Marvell Semiconductor
Hearst
Sun World International
He routinely distills complex fact patterns, and their underlying economics, into persuasive arguments before courts and juries coast to coast. A known entity across the antitrust bar, Tim lends his exemplary negotiation skills and credible presence at trial to each matter he works on, helping to ensure a successful resolution. A recognized leader at the firm, Tim has served as local Litigation Department Chair for the Bay Area and as a member of the global Finance Committee.
Experience
Tim’s extensive experience in complex antitrust matters includes representing:
Union Pacific, as co-trial counsel, in a purported multibillion-dollar price-fixing case related to fuel surcharges
Live Nation, as lead counsel, in a suite of sprawling antitrust cases arising from its alleged market power in concert promotion and ticket sales
Ticketmaster in:
Defending a suite of consumer antitrust cases as lead counsel, including multiple putative class actions, involving various alleged competition-based claims, including tying, exclusive dealing, and attempted monopolization
A suite of civil antitrust, fraud, and false advertising cases related to its refund policies, the onset of the COVID-19 pandemic, and the pandemic’s unprecedented impact on the live entertainment industry; defeated all of the cases on a series of successful motions to compel arbitration
An antitrust case arising from its alleged market power in artist presale ticketing services
A case related to an alleged conspiracy to preclude consumers from reselling Golden State Warriors tickets on StubHub, including filing a motion to dismiss on the ground that the complaint failed to allege a viable antitrust market, which the federal court granted in full
Defending antitrust exclusive dealing and tying claims brought by rival StubHub; motion to dismiss granted
Emerson Electric in defending:
A billion-dollar monopolization case related to alleged exclusive dealing contracts; in a complete defense victory, the matter was dismissed for zero compensation
An alleged group boycott and refusal to deal related to the plaintiffs’ table saw technology, in which Tim formulated an aggressive strategy that forced the plaintiffs to drop a key claim against Emerson and then won a motion to dismiss with prejudice despite purported “direct evidence” of a conspiracy; after the Fourth Circuit reversed (in part) the initial dismissal on appeal, Latham negotiated a nuisance value settlement on Emerson’s behalf
Electronic Arts in successfully defending a billion-dollar class action challenging EA’s exclusive licenses with the NFL and NCAA as illegal monopolization
PG&E, as co-lead trial counsel, in its complete victory of a multi-billion dollar unfair competition lawsuit brought by the California AG; the case was tried before a neutral arbitrator
Sun World International, as co-lead trial counsel, in defeating a monopolization claim and preserving an intellectual property franchise worth hundreds of millions of dollars; prevailed on all claims at trial, and Sun World was awarded a permanent injunction, compensatory damages, and punitive damages
ATMI in defending antitrust claims challenging supply-chain exclusive dealing contracts in the semiconductor fabrication industry; after decisively defeating the plaintiff’s motion for preliminary injunction, the matter was dismissed
Oracle in defeating a DOJ lawsuit to block a multibillion-dollar merger, which the National Law Journal awarded the “Top Defense Win”
Apple in defeating class certification in a putative nationwide class action brought by resellers and consumers alleging that Apple violated California’s antitrust and unfair competition laws
Hearst in successfully defending a civil monopolization lawsuit and a DOJ investigation relating to a billion-dollar multifaceted newspaper transaction
Mercury Payment Systems in a case brought by Heartland Payment Systems alleging false advertising purportedly related to payment processing services and pricing
In the leading competition publication’s annual review of the strongest antitrust practices around the globe, the firm dominated in every category, ranking second across all specialties.
The firm's Global Antitrust & Competition Practice earned a trifecta of headline-making wins for clients in California and Massachusetts federal courts.
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