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Derek A. Sutton

Derek Sutton is a partner in the firm's Antitrust, Competition, and Trade Regulation and Commercial Disputes practice groups. 

Derek represents both plaintiffs and defendants in high-stakes antitrust cases involving claims under the Sherman Act, Clayton Act, Robinson-Patman Act, and state antitrust and unfair competition laws. His litigation and investigation experience includes all types of collusive and exclusionary conduct, including monopolization, price fixing, exclusive dealing, group boycotts, market allocation, bid rigging, no poach, wage fixing, tying, bundling, information exchange, and other cutting-edge competition issues. He has particular experience defending companies across the United States in class action and multidistrict litigation, and in enforcement actions brought by the US Department of Justice Antitrust Division (DOJ), Federal Trade Commission (FTC), and state attorneys general. Derek also represents clients before the DOJ and FTC in merger review and investigations, and advises on all aspects of the deal process including risk assessment, negotiations, due diligence, information exchanges, gun jumping, Second Request compliance, and integration planning.  

Derek also represents clients in complex commercial and intellectual property litigation, including contract disputes, deal litigation, patent licensing disputes, and trade secrets litigation. He has tried multiple cases to verdict and has significant appellate experience in federal and state appellate courts throughout the United States.

Prior to joining the firm, Derek was a litigation associate at law firms in New York and Raleigh. 

  • American Bar Association, Antitrust Section
  • North Carolina Bar Association, Antitrust and Complex Business Disputes Law Section, Pro Bono Committee, 2024
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