- J.D., Golden Gate University, 2006, J. Lani Bader Award for Academic Excellence, Journalist, San Francisco Daily Journal and The Oakland Tribune among other local publications
- B.A., College of the Holy Cross, 1993
- United States District Court for the Northern District of California
Tyler Cunningham is an associate in the Antitrust and Competition Practice Group in Sheppard Mullin's San Francisco office.
Areas of Practice
Mr. Cunningham’s practice focuses on complex business litigation, with an emphasis on antitrust and competition issues. He has successfully litigated competition disputes and represented clients involved in government antitrust investigations. Many of the matters Mr. Cunningham has worked on are international in scope, and his experience covers a broad range of industries, including consumer electronics, media, semiconductors, credit cards and telecommunications.
Mr. Cunningham has litigated many cases involving alleged antitrust violations under the Sherman, Clayton and Cartwright acts, including price-fixing, boycott and monopolization cases. He frequently defends companies in class action and multidistrict litigation, and has experience in private arbitration before the International Chamber of Commerce. His litigation experience also includes disputes involving unfair competition, tortious interference and breach-of-contract claims.
Defending industry-leading multinational electronics companies in price-fixing actions regarding lithium ion rechargeable battery products; In re Lithium Ion Batteries Antitrust Litig., MDL No. 2420 (2012 to present).
Defending Samsung SDI companies in government enforcement and civil price-fixing actions regarding cathode ray tube products; In re Cathode Ray Tube (CRT) Antitrust Litig., MDL No. 1917 (2007 to present).
Represented Samsung SDI companies in opt-out litigation by national retailer alleging price-fixing of cathode ray tube products; obtained voluntary dismissal of antitrust claims worth hundreds of millions of dollars in response to motion to dismiss (2013).
Representing MasterCard International Incorporated in coordinated class actions and related settlement appeals concerning alleged payment card tying and network exclusionary practices; In re Credit/Debit Card Tying Cases, Cal. Jud. Council Coord. Proc. No. 4335 (2000 to present).
Represented Samsung SDI in price-fixing class actions concerning thin film transistor liquid crystal display products; In re TFT-LCD (Flat Panel) Antitrust Litig., MDL No. 1827.
Obtained dismissal of claims totaling more than $1 billion under various state antitrust and consumer protection laws brought against Samsung SDI by large telecommunication and retail companies, related to alleged price-fixing of thin film transistor liquid crystal display products. Target Corp. v. AU Optronics Corp., 2012 WL 273761 (N.D. Cal. Jan. 30, 2012);AT&T Mobility LLC v. AU Optronics Corp., 2012 WL 273767 (N.D. Cal. Jan. 30, 2012).
Defended Samsung Electronics companies in civil price-fixing class actions regarding static random access memory chip products; In re SRAM Antitrust Litig., MDL No. 1819 (2006 to 2011).
Successfully defended semiconductor manufacturer in arbitration of breach-of-contract claim before the International Chamber of Commerce Court of Arbitration (2009 to 2011).
For MediaNews Group and California Newspaper Partnership, blocked private antitrust challenge to acquisition of Contra Costa Times and San Jose Mercury News (2006 to 2007).
Represented Samsung Electronics against multi-billion-dollar group boycott claim brought by Rambus under California’s Cartwright Act and Unfair Competition Law. Rambus Inc. v. Micron Technology Inc., 04-431105 (San Francisco Superior Court).
Defended international semiconductor manufacturer in price-fixing and government enforcement actions regarding dynamic random access memory chip products. In re DRAM Antitrust Litig., MDL No. 1486 (2006 to 2008).
Defended and obtained favorable settlement for Samsung Electronics distribution and marketing companies against claims of false and misleading advertising under California’s Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act.
In numerous separate actions, defended and obtained dismissals and favorable settlements for MasterCard International Incorporated in actions under California’s Unfair Competition Law.
- Contributor, Indirect Purchaser Litigation Handbook (Second), American Bar Association Antitrust Section (2016).
- Contributor, California Antitrust & Unfair Competition Law (Fourth), State Bar of California Antitrust and Unfair Competition Law Section (2008).
Antitrust Law Blog Articles
- "California Supreme Court Resolves Split Over Accrual Rules for Unfair Competition Claims," February 1, 2013
- "Kansas Supreme Court Declares "Rule of Reason" Inapplicable to Kansas Antitrust Law; Legislature May Have a Different Idea," May 23, 2012
- "Grocers' Revenue-Sharing Deal Deserves More Than a Quick Look, Ninth Circuit Holds," August 2, 2011
- "NFL Fans - Are You Ready for Some... Antitrust Litigation? Players Sue, Claiming Lockout is a Group Boycott," March 29, 2011
- "Come Together: DOJ Approves Merger of Concert-Industry Giants," February 17, 2010
- "Voter-Approved Standing Requirements For California's UCL Apply Only To Class Representatives, Not Class Members, State Supreme Court Rules," June 12, 2009
- "Ninth Circuit Revives Sherman Act Claim Against Oil Companies, Recasting Conspiracy Under Rule of Reason," May 13, 2009
- "Court Dismisses Short Sellers' Price-Fixing Claims," February 7, 2008
- "Broken Promise to Standard-Setting Organization May Be Anticompetitive, Third Circuit Rules," October 8, 2007
- "British Airways, Korean Air Lines to Plead Guilty to Passenger and Cargo Price-Fixing Conspiracies," August 6, 2007
- "Massive Trades May Reveal Copper Conspiracy," June 6, 2007
- "Vaultmaker Claims Exclusive Dealing, but SBC Need Not Accept the Charges," April 5, 2007
- "Ties That Bind Users to Their iPods Might be Anticompetitive, District Court Finds," February 8, 2007
- "Deep Discounts! No Price Discrimination! (Or, If You Prefer) Seventh Circuit Upholds Price Discrimination Verdict," October 6, 2006
- "Seventh Circuit Rejects Monopoly Leveraging Theory," September 7, 2006
- Member, American Bar Association Antitrust Section’s Committee on Civil Practice and Procedure
- Member, American Bar Association Antitrust Section’s Media and Technology Committee