Evan H. Levicoff

Evan Levicoff counsels on a wide range of antitrust issues related to litigation, government investigations and advisory matters, including a variety of clients in the technology, travel, sports and financial services industries, among others. Mr. Levicoff also represents clients such as professional and amateur sports leagues and teams in all aspects of sports law.

In the antitrust litigation area, Mr. Levicoff has broad experience working on class actions and other cases involving allegations of monopolization, price fixing, other restraints of trade and merger challenges. His extensive litigation experience includes representing:

• International Flavors & Fragrances in direct and indirect purchaser class actions alleging a conspiracy to restrain competition in the fragrance industry
• Sabre Corporation, a travel technology provider, in its successful defense against claims for unlawful monopolization and unreasonable restraints of trade brought by US Airways, as well as Sabre’s successful defense against the Justice Department’s challenge to the company’s proposed acquisition of Farelogix Inc.
• FMR LLC and and National Financial Services LLC in securing the complete dismissal of a complaint alleging antitrust and RICO conspiracies related to the provision of custodial services to registered investment advisors, as well as claims for fraud, false advertising, unfair methods of competition, defamation, and contract and unjust enrichment claims
• Flannery Associates LLC, the developer of a new proposed city in Solano County, California, in a lawsuit alleging that landowners unlawfully conspired to raise prices
• Intuitive Surgical, Inc. in lawsuits brought by purported competitors alleging that the company engaged in unlawful tying, exclusive dealing and monopolization in connection with the sale of its surgical instruments and servicing of its robotic-assisted surgery systems
• Express Scripts and its affiliates in litigation alleging violations of Sections 1 and 2 of the Sherman Act, the RICO statute, and state antitrust and consumer protection laws, as well as investigations by state attorneys general

In addition, Mr. Levicoff has counseled clients, including some of the world’s largest technology companies, in investigations by competition authorities. He also provides counseling with regard to a variety of antitrust issues, including competitor collaborations, distribution agreements and the exercise of intellectual property rights.

In the sports sector, Mr. Levicoff has extensive experience representing and counseling leagues, teams and other clients in the industry. He has represented the National Hockey League (NHL) in several matters, including in lawsuits involving a dispute regarding the sale of ownership interests in the Pittsburgh Penguins and lawsuits brought by retired NHL players claiming injuries as a result of concussions and sub-concussive impacts purportedly sustained during their playing careers. Mr. Levicoff has also represented the PGA TOUR in a lawsuit filed by golfer Vijay Singh alleging that the TOUR failed to properly administer its Anti-Doping Program; the NCAA in litigation brought by student-athletes; and other clients, including Madison Square Garden, Caesars Entertainment and Delaware North, in a variety of matters. In addition, Mr. Levicoff has participated in numerous sports-related arbitrations, including on behalf of the Ladies Professional Golf Association and the Miami Marlins.