Proskauer Rose LLP

Litigation and Antitrust

Colin Kass is a partner in Proskauer's Litigation Department and Co-Chair of its Antitrust Group, and a member of the firm’s cross-disciplinary, cross-jurisdictional Coronavirus Response Team. As a seasoned trial lawyer, Colin has handled many of the nation’s most complex and innovative antitrust cases over the past 20 years.

His practice involves a wide range of industries, including financial services, healthcare, sports, media, pharmaceuticals, and automotive markets, and spans the full-range of antitrust and unfair competition-related litigation, including class actions, competitor suits, dealer/distributor termination suits, price discrimination cases, criminal price-fixing probes, and merger injunctions.

Colin also has extensive experience interfacing with the Federal Trade Commission and Department of Justice, obtaining clearance for competitively-sensitive transactions and handling anticompetitive practices investigations.

As a trusted advisor, Colin also counsels clients on their sales, distribution, and marketing practices, strategic ventures, and general antitrust compliance.

Selected Publications

“Trial Graphics and Your Antitrust Story,” Trial Practice Committee of the ABA, co-authored with Scott Abeles (Spring 2017)

“Can Purchasing Efficiencies Save Mega-Mergers?,” co-authored with John Ingrassia and Rucha Desai (May 2017)

"Has the Supreme Court Thrown Health Care Regulation into Disarray? A Comment on the Court’s Reworking of the State Action Doctrine,” Antitrust Source, co-authored with Scott Abeles and John Ingrassia (Fall 2015)

“The International Comparative Legal Guide to Competition Litigation 2015, 7th Edition,” Competition Litigation: USA, co-authored with Scott Abeles (September 4, 2014)

"DOJ Merger Policy Shines New Light on Conduct Remedies," Association of Corporate Counsel, Lexology, co-authored with John Ingrassia (June 2011)

"Demanding Antitrust Side-Letter Disclosure," LAW360, co-authored with John Ingrassia (April 2011)

"The Uncertain State of Class Action Waivers," LAW360, co-authored with Amy Crafts (March 2010)

"Predatory Pricing Redux," National Law Journal (2010)

"Going Horizontal: Why File and Duck Strategies No Longer Work," Association of Corporate Counsel (2010)

"Holding Parent Companies Liable for Their Children’s Wrongs," LAW360, co-authored with Mireille Dany and Marianne Le Moullec (August 2010)

"Cartel Investigations: Selective Disclosures and Privilege Preservation By the Target Company Seller," Competition Law International, Vol. 3, No. 2, co-authored with James H. Mutchnik and David Spiegel (October 2007)

"Consumer Pricing Will Never Be the Same," Antitrust Litigator (Summer 2007)

"Bundled Rebates: A Temporary Blip on the Antitrust Radar," Antitrust Litigator (Fall 2006)

"Competition is Good Again," Legal Times, co-authored with Tefft W. Smith and Scott M. Abeles (March 2007)

"How to Limit LePage’s Effect," Legal Times, co-authored with Tefft W. Smith and Scott M. Abeles (March 2006)

"Applying the Noerr Doctrine to Pharmaceutical Patent Litigation Settlements," Antitrust Law Journal, co-authored with Mark L. Kovner and Avery W. Gardiner (2003)