Matthew D. Kent

Antitrust and Commercial Litigation

• Lead counsel for a generic pharmaceutical manufacturer in an antitrust lawsuit against a branded pharmaceutical company and medical device manufacturer alleging conspiracy to exclude generic competition through a variety of exclusionary conduct. (D.N.J.).
• Lead antitrust counsel for a Fortune 100 company defending against antitrust claims over alleged sham patent litigation, exclusivity provisions, and Robinson-Patman Act violations. (N.D. Tex.).
• Replacement trial counsel for a major pharmaceutical company in the prosecution of a federal antitrust action seeking damages based on sham litigation, fraud on the USPTO, and product hopping allegations. (D. Del.).
• Representing a generic pharmaceutical manufacturer in multiple pay-for-delay lawsuits alleging violations of federal and state antitrust and consumer protection laws. (S.D.N.Y.).
• Represented a major pharmaceutical company in a putative class action in the Middle District of Tennessee alleging antitrust violations stemming from patent litigation proceedings. Challenged the initial complaint and defeated the initial motion for class certification after an evidentiary hearing. (M.D. Tenn.).
• Represented a leading technology company in the prosecution of antitrust claims over price fixing by cathode ray tube suppliers. (N.D. Cal.).
• Represented major pharmaceutical company in more than 15 alleged reverse-payment putative class action lawsuits. (D. Mass.).
• Represented a major pharmaceutical company in an antitrust lawsuit in the District of Massachusetts alleging a conspiracy to exclude generic competition through a patent injunction in a related proceeding. As part of a favorable settlement of the antitrust matter, obtained vacatur of an underlying patent litigation judgment. (D. Mass.).
• Represented a leading technology company in the prosecution of antitrust claims over price-fixing by LCD screen suppliers. (N.D. Cal.).
• Represented academic institutions in antitrust lawsuits involving accreditation and physician privileges. (N.D. Ga.).

Matthew Kent focuses on bet-the-company antitrust litigation and counseling. Matthew and his team have recovered nearly $1 billion in settlements for clients.

Matthew has defended Fortune 100 companies alleged to have participated in global price-fixing cartels in DOJ criminal investigations and follow-on civil litigation. He has a deep experience with the competition issues at the forefront of the pharmaceutical industry and has litigated cases in federal courts throughout the country.

He advises clients on antitrust issues related to joint ventures and mergers and acquisitions, including filings under the HSR Act and international premerger notification regimes. Matthew assists clients with substantive merger reviews by the U.S. Department of Justice, the Federal Trade Commission, and foreign competition authorities in a host of industries.

Matthew has been recognized for his antitrust acumen by Georgia Super Lawyers, Who’s Who Legal, and Chambers USA. Clients say he is their “go-to lawyer for creative and practical solutions to the most complex legal issues.” For over a decade, he has been active in the leadership of the American Bar Association’s Antitrust Law Section, serving three-year terms as co-chair of the Unilateral Conduct Committee and the Business Torts and Civil RICO Committee. He was recently appointed to the Antitrust Section’s Reserve Task Force. Matthew previously served as a chair of Alston & Bird’s Antitrust Team.

Bar Admissions

• Georgia

Education

• Georgia State University (J.D., 2007)
• Mercer University (M.B.A., 2004)
• University of Georgia (B.B.A., 2003)

Memberships