Don T. Hibner, Jr.

Don T. Hibner, Jr. is a member of the law firm of Sheppard, Mullin, Richter & Hampton and is located in its Los Angeles, California office. 

Areas of Practice

Mr. Hibner has specialized in antitrust litigation and counseling since admission to the Bar and has been a frequent contributor to programs of the Antitrust Section, its National Institutes, PLI and other programs, as well as contributor to various Law Reviews.  For two years he served as a faculty member of the Southern Methodist University Short Course on Antitrust:  Law and Litigation. 

Education

• LL.B., Stanford University, Board of Editors, Volumes 13 and 14, Stanford Law Review, 1962
• B.A., Stanford University, 1955

Admissions

• California
• U.S. Supreme Court

Honors

• Antitrust Lawyer of the Year, Antitrust and Unfair Competition Law Section, Bar of California , 2002

Memberships

• Board of Directors, Section on Antitrust Law, Los Angeles Bar Association
• Member, Editorial Board, Antitrust Law Developments Annual Developments Committee, 1999-2001
• Advisor, California State Bar Antitrust Law Executive Committee, 1998-2007
• Chairman, ABA Antitrust Section Committee on Franchising, 1987-1990
• Member At Large, Council, Section on Antitrust Law, American Bar Association. Liaison Counsel Member, Franchising Committee, 1982-85
• Past chairman, Private Antitrust Litigation Committee, Franchising and Distribution Law Committee
• Chair, Executive Committee, Los Angeles County Bar Association, Section of Antitrust Law, 2000-2001. Member, Executive Committee 1979-99.

Articles

• Competition Implications of the California Supreme Court Decision in ABC International Traders, Inc., February 27, 1997

Law Reviews

"Attempts to Monopolize:  A Concept in Search of Analysis," ABA Antitrust Law Journal.  34:165, 167, 1967. 

"Oligopoly Under Attack:  New Approaches to an Old Problem," St. Johns L. Rev.  44:529 Spring 1970. 

"Bigness and Pricing Problems," ABA Antitrust Law Journal, 41:1, 1971-72. 

"National Institute on Everyday Living With the Antitrust Laws," ABA Antitrust Law Journal.  44:450, 1975. 

"Selected Problems in Vertical Restraint Cases," Mercer Law Rev.  26:389, Winter 1975. 

Antitrust Symposium:  Section 2 of the Sherman Act "Has the Ninth Circuit Attempted to Monopolize Attempts to Monopolize?", Southwestern Univ. Law Rev.  10:35-131, 1978. 

"Litigation as an Overt Act in Furtherance of an Attempt to Monopolize," Ohio St. Law Journal.  38:245, 1977. 

Use and Abuse of Judicial Proceedings as an Antitrust Violation.  "Litigation as an Overt Act - Development and Prognosis," ABA Antitrust Law Journal.  46:711, Summer 1977. 

Proof of Damages:  Some Selected Damages.  "Introductory Remarks," ABA Antitrust Law Journal.  49:977, March 1981. 

"Antitrust Considerations Relating to Joint Ventures, Teaming Agreements, Co-Production Agreements and Leader-Follower Agreements," Antitrust Law Journal.  51:705, 1982. 

"The Return Of The Yankee Trader:  The Export Trading Act of 1982." 

Panelist, "Discussion of Two Joint Venture Hypotheticals," Antitrust Law Journal.  54:1157 (1985)

"The Silver Anniversary of an Antitrust Sea-change:  Continental T.V. and Brunswick at Twenty-Five, Competition (Fall 2002) (with Andrea B. Hasegawa).

"Analysis of Small Business Franchise Act of 1999:  A Lion in the Street," Competition (Fall 2000).

"What Lawyers Should Know About Markets – the Good, the Bad and the Ugly," The Federal Lawyer (Fall 2002) (with Suzanne Drennon).

Treatises

Co-Author Chapter 1, "The Sherman Act," Antitrust Adviser, editions 1, 2 and 3. 

Contributing Editor, Antitrust Developments (2d Ed. 1984). 

Contributing Editor, Antitrust Law Developments (4th), Chapter VIII (1998-9 Supp.). 

Revising Editor, Chapter VII, Antitrust Developments.  (2d and 3d editions). 

Co-Author, Civil Jury Instructions, ABA Section of Antitrust Law, 1972.

Speeches

• Panelist, "The Future of Resale Price Mainenance: How Close to Per Se Lawful Will We Get?, Los Angeles County Bar Association Section of Antitrust Law and Business Practices, Los Angeles, California, September 11, 2007"
• Moderator, "Metered Tying and Intellectual Property" Southwestern L.J.. Symposium, Antitrust and Intellectual Property in Global Context, February 23, 2007
• Moderator and Panelist, "Antitrust Implications of Selected Patent Law Issues - Look What They've Done to My Song, Ma," Los Angeles County Bar Association Section of Antitrust Law, March 21, 1995.
• Lecturer, "What Lawyers Should Know About Markets--The Good, The Bad and The Ugly," Phoenix, Arizona, February 21, 1994.
• Lecturer, "Diesel Electric: A Competition Analysis," Los Angeles County Bar Association Section of Antitrust Law, November 17, 1993.
• Lecturer, Antitrust Implications of Credit Manager Associations, National Association of Credit Managers Meeting, Del Coronado Hotel, San Diego, California, June 20, 1991.
• Lecturer, "Litigation Under the California Cartwright Act," Los Angeles County Bar Antitrust Section Meeting October 2, 1990, "Antitrust for State Court Judges".
• Lecturer, "California Antitrust Developments — 1989-1990," California State Bar Annual Antitrust Section Meeting, Monterey, California, August 24-27, 1990.
• Lecturer, "What to do When the Federal or State Antitrust Prosecutors Show Up at Your Client's Door," ALI-ABA Third Annual Antitrust Law Course, San Francisco, California, May 10-11, 1990.
• Chairman, "Franchise Protection: Laws Against Termination and the Establishment of Additional Franchises," ABA Antitrust Section Franchise Committee Monograph #17, March, 1990.
• Panel Member, "Follow-On Private Treble Damage Cases To Government Criminal Prosecutions," ABA Antitrust Section Civil Practice and Procedures Committee, ABA Annual Meeting, Honolulu, Hawaii, August 8, 1989.
• "The Cartwright Act Revisited," Los Angeles Lawyer, May 1989.
• "Federalism In Merger Enforcement: The Role of the States," Los Angeles County Bar Association Antitrust Section, April 25, 1989.
• Moderator, "Tying and Exclusive Dealing Arrangements in the Franchise Context," Committee on Franchising, ABA Antitrust Section, April 7, 1989.
• Panelist and moderator, "Litigation Under The False Claims Act," Los Angeles Bar Association Section on Antitrust Law, January 12, 1989.
• "Antitrust Basics," Fundamentals on Franchising (ABA Forum on Franchising), June 17, 1988.
• "Antitrust Issues In Franchising, The View From The United States and Canada," Antitrust L.J., ABA Annual Meeting, 1988.
• "Dual Distribution, Market and Franchising," Practicing Law Institute, 1974.
• PLI Panelist on Antitrust Law, 1972, 1973, 1974, 1976-81.
• Lecturer, "Practical Antitrust Problems in Control and Distributorship in Dealer Resale Activities - The Private Practitioner's View, PLI, 1975.
• Lecturer, "Price Discrimination Under the Robinson-Patman Act, Marketing and Distribution Regulations and Restraints (PLI, 1978).
• Lecturer, "Repeal of the Trade Laws: Impact on Product Distribution," PLI, 1976.
• Second Annual Antitrust Symposium, "Section 2 of the Sherman Act," PLI 1977.
• Lecturer, "Problems Under the Magnuson-Moss Warranty Act," New York Law Journal, 1976.
• 17th Annual Advanced Antitrust Law Seminar, "International Trade and the Antitrust Laws," PLI, 1978.
• Southern Methodist University Short Course On Antitrust: Law and Litigation, Colorado Springs, 1979 and 1980 (Lectures on Robinson-Patman Act, Trade Associations and Joint Ventures)
• Panelist on Antitrust Law, New York Law Journal, 1979.
• Panelist, "Tender Offers and Proxy Contests," PLI, 1979.
• Association of Business Trial Lawyers, Panelist, "Discovery Techniques," 1979 Seminar, Santa Barbara, California.
• Testimony, Proposed Bayh Bill S.1468 on Contribution, Senate Judiciary Committee, Fall of 1979.
• 18th Annual Advanced Antitrust Law Seminar, "Mergers and Joint Ventures," PLI, 1979.
• Panelist, Annual Meeting of the Ohio State Bar Association Antitrust Institute, 1980.
• Panelist, "Proxy Contests and Battles for Corporate Control," PLI, 1981.
• Panelist, Private Antitrust Litigation Committee Miniprogram on "Use of Paralegals," Spring Meeting 1981.
• Lecturer, "Is Colgate Dead?", Meeting of Los Angeles County Bar Antitrust Section, 1981.
• 20th Annual Advanced Antitrust Law Seminar, "Problems of Horizontal Arrangements: Production and Product Creating Joint Ventures Among Competitors," PLI, 1981.
• Lecturer, "Drafting Documents in Plain English," PLI, 1981.
• Lecturer, "Emerging Brunswick Defense," Meeting of Los Angeles County Bar Antitrust Section, 1982.
• Lecturer, "Antitrust Aspects of Weapons Procurement," Annual Meeting of Public Contracts Section, ABA, August, 1982, San Francisco, California.
• Panelist, "Antitrust Aspects of Export Trading Company Act of 1982," Meeting Los Angeles County Bar Section on International Law, 1982.
• Panelist, "Strategies and Techniques In Applying Merger Guidelines in Specific Situations," Fordham University Law School, Law & Business, Inc., San Francisco, California, 1982.
• PLI Panelist, 23rd Annual Advance Antitrust Seminar — "Horizontal Problems," 1984.
• The Conference Board Panelist, "Conspiracy Law Workshop," March, 1984, New York, New York.
• Lecturer, "Antitrust Issues Of Doing Business In A Multinational World: International Joint Ventures and Export Trading Co. Act," Los Angeles County Bar Association, Antitrust Section, May, 1984.
• Panelist, "Export Trading Company Act of 1982," Los Angeles County Bar Association Section of Antitrust Law, July, 1984.
• Panelist, "Vertical Restraints Guide," Meeting Los Angeles County Bar Association Section of Antitrust Law, January, 1985.
• Panelist, "Joint Ventures - Antitrust Problems and Opportunities, ABA Section of Antitrust Law, New York, November 14-15, 1985.
• Lecturer, "Antitrust Issues for Bottlers," International Soft Drink Exposition and Conference, Anaheim, November 19, 1985.
• Lecturer, Antitrust Issues in Beverage Dispensing, National Soft Drink Dispensing Association, Palm Springs, March 17, 1986.
• Lecturer, "U.S. Antitrust Jurisdiction re 1982 Export Trading Company Act and Timberline," 25th Annual Advanced Antitrust Seminar "International Trade," 1986, PLI.
• Lecturer, "Government Contracts and Antitrust," Los Angeles County Bar Association, Antitrust Section, March 1986.
• Panelist, 30th Annual Antitrust Law Institute - "Monopolies and Joint Ventures," 1989.
• Lecturer, "Ethics and the Antitrust Litigator - Responding to Government Investigations," Golden State Antitrust and Trade Regulation Institute, October 6, 1994.
• Lecturer, "Representing Clients Under Investigation," Golden State Antitrust and Trade Regulation Institute, October 27, 1995.
• Lecturer, "Kodak: The Trial - Afterthoughts About Aftermarkets," Los Angeles County Bar Association Section of Antitrust Law, November 15, 1995.
• Lecturer, "Franchising: Recent Developments in the Laws Governing Encroachment," Los Angeles County Bar Association Section of Antitrust Law, May 8, 1996.
• "Closing the Ring: A Return To First Principles: Some Comments on State Oil Co. v. Khan," Los Angeles County Bar Association Antitrust Section, February 11, 1998.
• "How Antitrust Practice Has Changed Over the Past Thirty Years," Los Angeles County Bar Association Antitrust Section, October 14, 1998.
• "Comments On United States v. Microsoft From the Viewpoint of the Unretained Antitrust Practitioner," State of California Section of Antitrust Law, Golden Gate Institute, October 22, 1998.
• Program Chair and Lecturer, Unilateral Effects In Merger Analysis - An Evidentiary Prognosis, paper to have been delivered at Los Angeles County Bar Association Section of Antitrust Law Meeting of February 25, 1999.
• Lecturer, Franchisee Protection: "A Lion In the Street" - Analysis of Small Business Franchise Act of 1998, Seventh Annual Golden State Antitrust and Unfair Competition Law Institute, October 21, 1999.
• Program Chair and Lecturer, "The California Energy Crisis: Who's to Blame," Los Angeles County Bar Association Section of Antitrust Law and Unfair Business Practices, February 20, 2003.
• Testimony and Statement, Antitrust Modernization Commission, July 28, 2005.
• Testimony and Statement, California senate Judiciary Committee (subcommittee on Anti-Competitive Conduct and the Marketplace), August 23, 2005.
• Lecturer, "Market Competitiveness: Does State Antitrust Law Need to be Updated? Or have the Courts Already Done Enough?" Los Angeles County Bar Association Section of Antitrust Law and Unfair Business Practices, January 27, 2006.