Michael W. Scarborough

Mike Scarborough is a partner in the firm's San Francisco office and the U.S. Chair of the firm’s Antitrust and Competition Group.

Areas of Practice

Mr. Scarborough specializes in complex litigation, with particular expertise in antitrust, unfair competition and consumer protection matters. He has significant experience defending U.S. and multinational businesses in all phases of class action and direct plaintiff litigation, and regularly defends businesses and individuals in civil and criminal matters involving federal and state enforcement agencies.

Mr. Scarborough’s tireless and determined client advocacy garner him regular recognition, with nods from the American Lawyer (Litigator of the Week, Feb. 25, 2016), Chambers USA, Benchmark Litigation, the Legal 500 and Super Lawyers, as well as Competition Law360, which in 2010 selected him as one of the top 10 competition lawyers in the United States under the age of 40. Chambers USA commentators confirm his reputation as a "fierce advocate with integrity and professionalism", sentiments echoed by observers for Legal 500, who describe him as “a tough advocate, who is also professional and fair”.

• Chambers USA, Antitrust and Competition, 2018
• Chambers USA, Antitrust and Competition, Up and Coming, 2016-2017
• Litigator of the Week, The American Lawyer, February 25, 2016
• Competition Law360 – Rising Star, (selected as one of the top 10 competition lawyers in the United States under the age of 40), 2010
• Recommended Lawyer - Antitrust, Legal 500, 2012-2013, 2015-2017-2018
• Litigation Star/Future Litigation Star, Benchmark Litigation, 2009-2019
• Northern California Super Lawyer, Super Lawyers, 2014-2018

Representative Matters

Represented the largest independent publisher of yellow pages phone directories in California, as plaintiff in below cost pricing, loss leader and secret rebate action under California’s Unfair Practices Act, favorably settling for a confidential amount. AGI Publishing, Inc. v. YP Western Directory, Fresno Superior Court, No.14 CE CG 00656 (2016-present).

Defending Samsung Electronics against boycott and monopsonization claims relating to smartphone patent licensing. Obtained complete dismissal of all of plaintiff’s claims during discovery, based on lack of antitrust standing and failure to allege a plausible conspiracy. The matter is currently on appeal to the Ninth Circuit Court of Appeals. Cascades v. RPX Corp., ND Cal. 4:12-cv-1143 YGR (2012-present).

National counsel for industry-leading multinational electronics companies in criminal and civil price-fixing actions regarding lithium ion rechargeable battery products. In re Lithium Ion Batteries Antitrust Litig., MDL No. 2420 (2012-2017).

Representing telescope manufacturer against price-fixing, market allocation, monopolization and attempted monopolization claims. Optronic Technologies, Inc. v. Ningbo Sunny Electronic Co., Ltd., Case No. 16-6370 (N.D. Cal.) (2016-present).

Representing the largest independent publisher of yellow pages phone directories in California, as plaintiff in below cost pricing, loss leader and secret rebate action under California’s Unfair Practices Act. AGI Publishing, Inc. v. YP Western Directory, Fresno Superior Court, No.14 CE CG 00656 (2016-present).

National counsel for international electronics companies in federal and state government enforcement and civil price-fixing actions regarding cathode ray tube products. In re Cathode Ray Tube (CRT) Antitrust Litig., MDL No. 1917 (2007-2017).

Obtained complete dismissal of sham litigation, predatory pricing and state unfair competition counterclaims in patent infringement action concerning electric grid voltage optimization technology. RGA Varentec, Inc. v. GridCo, Inc., Case No. 16-217-RGA-MPT (D. Del.) (2016-2017).

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 (2000-2017).

Representing information technology services company and top executives with respect to federal criminal bid-rigging charges and related false claims and unfair competition civil action by California Attorney General. (2014-present).

Represented international electronics companies in criminal and civil price-fixing actions concerning thin film transistor liquid crystal display products, including multi-billion dollar price-fixing claim brought by Motorola dismissed just before trial on FTAIA grounds. In re TFT-LCD (Flat Panel) Antitrust Litig., MDL No. 1827 (2006-2016).

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 (2006-2011).

For MediaNews Group and California Newspapers Partnership, blocked private antitrust challenge to acquisition of Contra Costa Times and San Jose Mercury News (2006-2007).

On behalf of MasterCard International Incorporated, secured dismissal of putative class action under California consumer privacy laws regarding highly publicized third party processor data security breach (2005-2009).

As national counsel, defended civil price-fixing and government enforcement actions regarding dynamic random access memory chip products. In re DRAM Antitrust Litig., MDL No. 1486 (2002-2016).

Represented MasterCard International Incorporated in series of actions challenging foreign currency conversion practices under California's Unfair Competition Law, including five month trial and successful defense appeal of judgment in Schwartz v. Visa International Service Association, et al. (2005) 132 Cal.App.4th 1452 (rev. granted 2005; rev. dismissed 2007).

In numerous separate actions, defended and obtained favorable settlements for Samsung Electronics distribution and marketing companies against claims of false and misleading advertising of inkjet printers, MP3 players and hard disk drives, respectively, under California's Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act (2003-2009).

Obtained dismissal for MasterCard International Incorporated in representative action challenging payment card chargeback practices under California's Unfair Competition Law (2003-2006).

Represented major national retailer in consolidated consumer privacy class actions for purported violations of California's Song-Beverly Credit Card Act (2004-2007).

Participated in successful trial defense of The Hearst Corporation in private antitrust action challenging acquisition of the San Francisco Chronicle. See Reilly v. The Hearst Corporation, et al. (N.D. Cal. 2000) 107 F.Supp.2d 1192, 2000-2 Trade Cas. (CCH) ¶ 72,992.

• "How Do Companies Resolve Worldwide Claims – What are the Risks and Opportunities," International Developments in Private Competition Litigation Conference, Madrid, Spain, April 27, 2017

• American Bar Association, Antitrust Section
• State Bar of California, Antitrust and Unfair Competition Law Section
• Executive Committee, Antitrust Section of the Bar Association of San Francisco