Overview

Christina Fahmy focuses her practice on private antitrust litigation, government investigations, and antitrust counseling in several areas, including pricing & distribution issues.  She helps clients across many industries understand the impact of the antitrust laws on their businesses, and craft practical solutions to achieve their objectives while minimizing compliance risk.

Experience

Sandoz Inc. et al. v. United Therapeutics Corp., et al, 3:19-cv-10170 (D.N.J.). Defended medical device company from claims it had conspired with innovator to exclude generic competitor through the use of an exclusive supply agreement. Achieved favorable settlement after defeating motion for preliminary injunction.

Sykes v. Blue Cross Blue Shield of North Carolina, 15-CVS-3136 (N.C. Bus. Ct.). Defended a Blue Cross plan against a putative class action of chiropractors who alleged that the plan colluded with providers to reduce prices and restrict access to care. Won two rounds of motions to dismiss, as well as a subsequent appeal to the Supreme Court of North Carolina.

Currently representing an industry trade association of large innovator pharmaceutical companies in a variety of matters related to competitor collaboration, including benchmarking, best practices exchange, and development of forms, templates, and other solutions for industry use. Most recently, drafted and negotiated necessary legal agreements for a patient-level data sharing arrangement to allow sharing pseudonymized or anonymized COVID-19 data to advance research into both vaccines and treatments.

Currently providing antitrust & privacy support for a collective of data controllers for a clinical trial investigator platform and a registry of investigator contact and profile information designed to facilitate recruitment for clinical trials.

In re NCAA Student-Athlete Name & Likeness Licensing Litigation, 09–1967 (N.D. Cal.). Defended collegiate trademark licensor against claims it had conspired with both the NCAA and EA Sports to infringe on and fix prices for student-athletes’ names, images, and likenesses. Achieved favorable settlement for client after multiple years of litigation and extensive discovery.

Persuaded FTC to clear a previously-blocked hospital merger by successfully asserting a failing firm defense.

Defended credit reporting firm in extensive FCRA investigation, and negotiated down both the scope of the subsequent consent and reduced damages by a factor of 10.

Represented trademark licensor in DOJ investigation related to quality management initiative. Developed economic and factual evidence sufficient to persuade the agency to close investigation after eighteen months without taking any further action against the company.

Represent an industry trade association and certification body in appeals of denials of certification.

Represent several manufacturer clients with respect to pricing and distribution issues, including Colgate and MAP policies, Robinson-Patman act issues, and other distribution concerns.

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Education

University of Pennsylvania Law School J.D. (2004) cum laude

Georgetown University BSFS (2001) cum laude

Admissions

District of Columbia (2005)

Pennsylvania (2004)

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