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Patrick J. Pascarella

Partner
Cleveland, OH | D 216.696.4936 | F 216.592.5009 | M 210.355.0093
overview

Pat Pascarella is the Chair of the Tucker Ellis Antitrust and Competition Law Group.

His experience ranges from antitrust litigation to representing clients before enforcement and regulatory agencies in the U.S., as well as Mexico, Colombia, and other Latin American countries.

Pat began his career at an international antitrust law firm in Washington, D.C., and later served with the Antitrust Division of the U.S. Department of Justice. Before joining Tucker Ellis, he was chief antitrust counsel at AT&T.

Pat has represented clients in numerous landmark antitrust cases including Pacific Bell v. linkLine Communications (USSC), Bell Atlantic Corp. v. Twombly (USSC), and State of New York, et al. v. Microsoft Corporation (DDC). He also has defended some of the largest mergers in U.S. history, as well as designed pre-merger planning processes that enabled his clients to expedite the capture of merger-related synergies.

In addition, Pat often is called upon to assist clients in regulatory and legislative arenas. Working at the intersection of economics, competition law, and regulation, Pat has orchestrated numerous successful strategies and campaigns targeted at potentially harmful regulations or legislation as well as regulatory or legislative agendas.

While at the Department of Justice, Pat oversaw merger reviews, litigation, and investigations, including the investigation that led to the prosecution of the NASDAQ market makers. Pat also served as the liaison between the DOJ and the Federal Communications Commission on competition law and economic issues. Pat received special commendations for his work at Justice from the President and Attorney General of the United States.

Pat has represented clients in a variety of industries, including telecommunications, film and entertainment, publishing, cement, weapons, pharmaceuticals, insurance, manufacturing, sports, and ice cream.

education & admissions

education

  • The National Law Center, George Washington University (J.D., with honors, 1983)
  • The Ohio State University (B.A., with high honors, 1980)

state admissions

  • Ohio, 1983
  • District of Columbia, 1985
experience

Representative Matters

  • Prosecuting a Noerr sham litigation action in federal district court on behalf of a major international telecommunications firm
  • Defending an international network infrastructure provider in a text-messaging price-fixing lawsuit in the Southern District of New York
  • Dismissed on motion a conspiracy and attempt to monopolize lawsuit in the Northern District of Ohio involving government contractors
  • Successfully defended regional sports governing body against conspiracy and monopolization charges in federal district court
  • Revocation of a highly publicized billion-dollar fine levied by a Mexican enforcement agency against a large international firm
  • Unanimous jury verdict rejecting tying and monopolization claims in California state court
  • Dismissed on motion unfair competition complaint against Fortune 10 company in California state court, affirmed on appeal
publications & events

Speaking Engagements

  • “Antitrust: The Art of War,” 2015 In-House Counsel Summit, Tucker Ellis LLP, Cleveland, Ohio (2015)
  • "Pattern Exception to Noerr-Pennington Immunity," DRI Annual Meeting, San Francisco, California (2014)
  • "Recognizing High Risk Conduct," In-House Counsel Summit, Tucker Ellis LLP, Cleveland, Ohio (2014)
  • "Electronic Discovery in Antitrust Cases," E-Discovery Panel, Austin, Texas (2014)
  • Roundtable Discussions of United States v. AT&T, The American Bar Association, Section of Antitrust Law, Washington, D.C. (2011)
  • "linkLine and the Art of Antitrust," Texas & Houston Bar Luncheon, Houston, Texas (2009)
  • "Implications of Twombly," ABA Antitrust Section Spring Meeting, Washington, D.C. (2008)
  • "Implications of Twombly," ABA Business Law Spring Meeting, Dallas, Texas (2008)
  • American Lawyer General Counsel Conference, San Francisco, California (2008)
  • Lecturer, National Defense University, Industrial College of the Armed Forces, Washington, D.C.

Publications

Media

  • "Puerto Rico Telecoms Take Antitrust Fight to 1st Circ.," Law360 (May 2017)
honors
affiliations
in the community

Civic & Professional Involvement

  • American Bar Association, Antitrust & International Law Sections