Carlton A. Varner

Carlton Varner is a partner of Sheppard Mullin Richter & Hampton in its Los Angeles office.

Areas of Practice

Mr. Varner specializes in antitrust counseling and litigation under both state and federal antitrust laws, and other types of complex business litigation. He has represented clients in antitrust cases arising from the enforcement of intellectual property rights, as well as unfair competition, price fixing, monopolization, merger, joint venture and price discrimination matters in a wide range of industries including pharmaceuticals, health care, electricity, aerospace, and internet sales and distribution.

Education

• J.D., University of Minnesota, 1972, magna cum laude
• B.A., University of Iowa, 1969

Admissions

• California

Representative Clients & Selected Litigation Experience

Mergers and Acquisitions:  Represented numerous companies on antitrust aspects of such transactions, HSR filings, and government investigations.

Represented several Associations of Realtors In Defense of Class Actions Alleging Price-Fixing and Similar Claims.

Represented Alcatel, Inc. in prosecuting and defending monopolization claims against competitor.  The cases were resolved favorably to Alcatel through an arbitration proceeding.

Represented NRG Energy, Inc., in defense of antitrust and unfair competition claims arising from California's electricity crisis.  Obtained summary dismissals of several private actions and action by Attorney General.

Represented American Bioscience in defense of antitrust and unfair competition claims by FTC and numerous private parties arising from enforcement of pharmaceutical patents.  Successfully negotiated termination of FTC investigation and obtained summary judgment and favorable settlement of private party actions.

Represented Abraxis Pharmaceutical Products, Inc. in defense of antitrust claims arising from acquisitions.

Represented Clean Energy, Inc. in defense of monopolization and restraint of trade claims by competitor in the alternative fuel industry.  Obtained summary judgment dismissing all claims.

Represented Northrop Grumman in defense of shareholder derivative lawsuits arising from aborted merger.  Obtained judgment in the pleadings dismissing all claims.

Antitrust counsel to CIPS Marketing, Inc., an advertising joint venture between the Los Angeles Times and Los Angeles Newspaper Group.

Represented Ralston Purina Co. in defense of monopolization and restraint of trade claims.  Obtained summary judgment dismissing all claims.

Frequently provide transactional antitrust advice re antitrust and competition issues to Alcatel, Beckman Coulter, Toshiba America, California Portland Cement, Scripps Physicians, North Ltd., Enterprise Car Rental, Underwater Kinetics, Pacific Southwest Realtors, Powell Company, Summa Corp., MGA, and Roscoe Moss Co.

Honors

• Recommended Antitrust Lawyer, PLC's Which Lawyer?, 2007
• Leading Antitrust Lawyer, Chambers USA
• Southern California "Super Lawyer", Antitrust

Memberships

• Chair, Antitrust and Unfair Competition Section, State Bar of California
• Chair, Antitrust Section, Los Angeles County Bar Association
• Chair, Exemptions Committee Antitrust Section, American Bar Association, 2002 to 2005
• Editor, Antitrust Source, On Line ABA Antitrust Publication
• Vice-President, Constitutional Rights Foundation
• Member,Chancery Club of Los Angeles
• Chairman, Executive Committee, Sheppard Mullin, 1991 to 1998 Member, Executive Committee, Sheppard Mullin, until 2006

Articles

• Monopoly Money: Legality of Bundled Discounts Under the Antitrust Laws, Los Angeles Daily Journal, October 30, 2007
• Key Strategies for the Successful Practice of Patent Law, September 7, 2005
• California Antitrust & Unfair Competition Law Book, August 9, 2005
• Sheppard Mullin Antitrust Review, Vol. 2, No. 1, January 9, 2004
• FTC ALJ Dismisses Standard Setting Complaint, December 1, 2003
• The Korea Supply Decision: Monetary Relief Remedies Under the UCL, October 9, 2003
• The Commission Strikes Back: The FTC Task Force Report on the State Action Doctrine, October 1, 2003
• Eleventh Circuit Holds "Reverse" Payments To Settle Infringement Litigation Under Hatch Waxman Not Per Se Illegal, September 15, 2003
• Intellectual Property/Antitrust Issues, September 1, 2003
• California Antitrust and Unfair Competition Book, May 28, 2003
• The Aguilar Case: Federal Law Comes To California, August 1, 2001
• The Competitor Collaboration Guidelines: Old Wine in New Bottles, June 10, 2000
• Antitrust Considerations In Establishing Medical Provider Networks, December 13, 1999
• The Microsoft Case - Exclusionary Innovention, November 10, 1998

Books

• California Antitrust & Unfair Competition Law - 5th Ed.

Speeches

• "Antitrust Aspects of Corporate Transactions," LACBA Business & Corporations Section, September 20, 2007
• "Understanding the Supreme Court's Recent Antitrust Decisions," State Bar of California - Antitrust and Unfair Competition Law, July 17, 2007
• "Antitrust Issues Arising from Intellectual Property," October 2006, California State Bar Association.
• The State Action Exemption To The Antitrust Laws, Antitrust Modernization Commission, September 2005
• California Unfair Competition Law After Proposition 64, State Bar Program, May 2005
• Speaker, Noerr - Pennington, Walker Process and the Sham Exception, ABA Spring Meeting, April 2004.
• Speaker, Antitrust Aspects of Market Manipulation in Electricity Markets, Cornerstone Conference, October 2003.
• Speaker, The Interface of Antitrust and Intellectual Property Law, Los Angeles Intellectual Property Association, September 2003.
• Speaker, Beyond GPAs & SATs: The Application of Antitrust Laws To Colleges and Universities, ABA Spring Meeting, April 2003.
• Speaker, "Joint Ventures and Intellectual Property Licensing Restraints", Licensing Executive Society, May, 2001.
• Speaker, "Shams, Lies & Conspiracies: Does Noerr Protect It All", ABA Antitrust Section Spring Meeting, March, 2001.
• Speaker, "Predatory Pricing Under California Unfair Practices Act," California Bar Association, June, 2000.