Carl W. Hittinger

Partner

Philadelphia
T 215.564.2898  |  F 215.568.3439

"Always well prepared and truly an expert in the field; while he knows how to settle cases, he is willing and able in taking a case through litigation."

Legal 500

A talented and experienced trial lawyer, Carl Hittinger focuses his practice on complex commercial and civil rights litigation, with an emphasis on antitrust and unfair competition matters. His 36 years of experience handling "bet the company" litigation and successfully trying lengthy jury and non-jury cases have honed Carl's skills in the courtroom and in counseling clients on all aspects of civil and criminal antitrust and unfair competition law. Carl has resolved high-end, complicated cases for both plaintiffs and defendants in courts and before agencies across the United States throughout his comprehensive career. Clients have praised Carl for his ability to "accurately predict the way the courts are moving in their application of various legal doctrines" (Legal 500).

Known for his insight into antitrust and other complex litigation concerns, Carl is a frequent author and speaker on such topics. He is a monthly columnist on antitrust issues for The Legal Intelligencer, America's oldest daily law journal, and a trusted source for Pennsylvania legal news, information and analysis. He has been recognized as a Pennsylvania Super Lawyer in the area of Antitrust Litigation since 2004. Carl is the Litigation Group Coordinator for the firm's Philadelphia office.

Select Experience

Complex Litigation
  • Successfully obtained dismissal by the Court of Appeals for the Third Circuit after nine years of complex and contentious litigation of all antitrust and unfair competition claims brought against California-based Bobrick Washroom Equipment, Inc., by a rival competitor, which sought more than $31 million in damages and fees. The decision was affirmed by the Supreme Court.
  • Successfully resolved an antitrust case for client Church & Dwight Co., Inc. after four years of costly and complex litigation. A federal court in California granted summary judgment on the eve of trial on all antitrust claims brought by a competitor claiming Church & Dwight's marketing practices concerning Trojan condoms constituted illegal monopoly conduct. Church & Dwight v. Mayer Laboratories, 2012 WL 1231801 (N.D. Cal.). The FTC also agreed to close its parallel, three-year and highly publicized investigation of Church & Dwight under Section 5 of the FTC Act for the same conduct. There was no consent decree request, no conditions were imposed, and the FTC agreed to destroy all documents.

Class Actions
  • Defended a client against shareholder actions, which resulted in a dismissal and sanctions against the plaintiff's counsel. Garr v. US Healthcare, Inc., 22 F.3d 1274 (3rd Cir. 1994).
  • Involved in a class action antitrust litigation against a chemical manufacturing client resulting in the denial of class certification and an eventual settlement. AM/COMM Antitrust Litigation.

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Experience

Complex Litigation
  • Successfully obtained dismissal by the Court of Appeals for the Third Circuit after nine years of complex and contentious litigation of all antitrust and unfair competition claims brought against California-based Bobrick Washroom Equipment, Inc., by a rival competitor, which sought more than $31 million in damages and fees. The decision was affirmed by the Supreme Court.
  • Successfully resolved an antitrust case for client Church & Dwight Co., Inc. after four years of costly and complex litigation. A federal court in California granted summary judgment on the eve of trial on all antitrust claims brought by a competitor claiming Church & Dwight's marketing practices concerning Trojan condoms constituted illegal monopoly conduct. Church & Dwight v. Mayer Laboratories, 2012 WL 1231801 (N.D. Cal.). The FTC also agreed to close its parallel, three-year and highly publicized investigation of Church & Dwight under Section 5 of the FTC Act for the same conduct. There was no consent decree request, no conditions were imposed, and the FTC agreed to destroy all documents.
  • Obtained the successful dismissal of a student due process litigation against a university client. Herbert v. Reinstein, Temple University School of Law and Temple University, 1994. US Dist. LEXIS 15234 (E.D.Pa. 1994), affirmed in part and reversed in part, 70 F.3d 1255 (3d Cir. 1995).
  • Represented the plaintiffs in an Americans with Disabilities Act case, which was successfully reversed on appeal concerning issues of religious exemption. Doe v. Abington Friends School, 480 F. 3d 252 (3d Cir. 2007).
  • Represented the client in an individual antitrust action for bid rigging, boycotting and price fixing, resulting in an early settlement by all defendants except the client, a chemical manufacturer. The matter was fully litigated by the client, resulting in an insignificant settlement for costs. Horizons v. FMC. et al. (E.D. Pa. 1987).
  • Represented the client in an individual antitrust action alleging price fixing and monopolistic conduct in the plastics industry. The case was settled and the client was not sued. H&W v. Formosa Plastics (N.D. Miss. 1992).
  • Involved in a Florida criminal antitrust investigation by the Florida Attorney General's Office of chemical manufacturers and distributors for possible price fixing and bid rigging. No prosecutions were brought. Florida Antitrust Investigation (1992).
  • Involved in a criminal antitrust investigation by the Ohio Attorney General's Office of chemical manufacturers and distributors for possible price fixing and bid rigging. No prosecutions were brought against the client. Ohio Antitrust Investigation (1992).
  • Represented the client in a civil action alleging price discrimination and related conspiracy by the client in the residential boiler industry. A summary judgment was granted on a price discrimination claim. L&L v. Peerless Industries (M.D. Pa. 1995).
  • Represented the client in a civil action involving an anticompetitive real estate restrictive covenant. The case settled after trial while the appeal was pending. Acme Markets v. Giant Food. Inc. and Wharton Hardware (D.N.J. 1996).
  • Represented a client alleging an antitrust civil action for sham litigation and related anticompetitive conduct. Baltimore Scrap Corp. v. David J. Joseph Co. et al. (D. Md. 1996).
  • Represented the client in a civil action for false and misleading advertisements and related alleged anticompetitive conduct. The case was voluntarily dismissed by the plaintiff. Santana Products. Inc. v. Sylvester & Associates (E.D. N.Y. 1998).
  • Represented the client against a civil action for franchise termination and fraud. Obtained a directed verdict for the client after a seven-week jury trial. Sanctions were assessed against the plaintiff for improper substitution of an expert and seven experts were excluded under Daubert. The case eventually settled after a lengthy jury trial. LCC v. Sara Lee Corp. (D.N.J. 1997).
  • Represented a manufacturing client in a civil action for false and misleading statements, predatory pricing, price discrimination and related anticompetitive conduct by a competitor against the client. The litigation settled on the eve of the jury trial. Peerless Heater Co. v. Mestek. Inc., et al. (E.D. Pa. 1998).
  • Represented a road construction client in a civil dispute with an antitrust counterclaim for conspiracy to restrain trade. The case was settled during the jury trial. Shore Slurry Seal v. Koch Industries (E.D. Pa. 1999).
  • Represented a hospital client in a civil action for false and misleading statements, and related monopolistic and conspiratorial conduct by clients in an alleged violation of antitrust laws and the Lanham Act. The case was voluntarily withdrawn by the plaintiff after discovery was completed and subsequently dismissed by the court with prejudice. Ellen Memorial Health Care Center. Inc. v. Wayne Memorial Health System. Inc., et al. (M.D. Pa. 2001).
Class Actions
  • Defended a client against shareholder actions, which resulted in a dismissal and sanctions against the plaintiff's counsel. Garr v. US Healthcare, Inc., 22 F.3d 1274 (3rd Cir. 1994).
  • Involved in a class action antitrust litigation against a chemical manufacturing client resulting in the denial of class certification and an eventual settlement. AM/COMM Antitrust Litigation.
  • Involved in an individual antitrust action against a chemical manufacturing client resulting in an eventual settlement. DASA Antitrust Litigation.
  • Served as a court-appointed liaison counsel for defendants in a class action alleging price fixing and bid rigging in the chemical industry. The case was settled on the eve of trial by the client after all other defendants had settled. Was involved in a subsequent class action litigation brought on behalf of indirect purchasers. Class certification was denied and the case severely limited through motions to dismiss. City of Philadelphia v. FMC. et al. (E.D. Pa. 1989); City of St. Paul v. FMC. et al. (D. Minn. 1991).
  • Involved in a civil class action and Department of Justice criminal antitrust investigation against a food processor client and other processors for price fixing and bid rigging. Catfish Antitrust Litigation (E.D. Pa. and N.D. Miss. 1993).
  • Involved in a Department of Justice criminal antitrust investigation of possible bid rigging for government contracts. The investigation was concluded without an indictment. Pharmaceutical Antitrust Investigation (E.D. Pa. 1995).
  • Involved in a civil action for predatory pricing and attempted monopolization by clients. American International Container v. Diaz-Oliver v. Wheaton Industries (S.D. Fla. 1995).
  • Represented a client in a class and individual litigation against drug manufacturers and others alleging price discrimination and other conspiratorial activities. Brand Name Prescription Drug Antitrust Litigation (N.D. Ill. 1996).

Recognitions

  • The Legal 500 United States (2015, 2016)
    • Recommended in Antitrust: Civil litigation/class actions
  • Public Interest Law Center of Philadelphia: Thaddeus Stevens Partnership Award (2013)
  • The Legal Intelligencer
    • Top 10 Lateral Hires of 2014
    • Unsung Heroes award (2012)
  • Burton Award for Legal Writing Achievement: "The Diminishing Role of the Private Attorney General in Antitrust and Securities Class Action Cases Aided by the Supreme Court," Journal of Business and Technology Law (2010)
  • Pennsylvania "Super Lawyer" (2004 to 2016)
    • Corporate Counsel Edition: Antitrust Litigation (2009)
  • Martindale-Hubbell: AV Preeminent
  • Animal Legal Defense Fund: "ALDF Advancement in Animal Law Pro Bono Achievement Award" on behalf of BakerHostetler (2015)

Memberships

  • America Bar Association: Antitrust Law Section
  • Pennsylvania Bar Association
  • Philadelphia Bar Association: Federal Courts and Antitrust Law Committees
  • District of Columbia Bar Association: Antitrust Law Committee
  • American Health Lawyers Association
  • Phi Beta Kappa

News

Press Releases

Alerts

Articles

Pro Bono

  • Head of a team in a case alleging racial discrimination of students through special education placement (Blunt v. Lower Merion School District). The team served as co-counsel with the Public Interest Law Center of Philadelphia (PILCOP) in a lawsuit centered around claims that the Lower Merion School District systematically discriminated against African-American students by disproportionately and inappropriately placing them in special education programs and the lowest-level classes. In 2013, PILCOP presented the team with the Thaddeus Stevens Partnership Award in recognition for their support in the case.
  • Worked with the Animal Legal Defense Fund, acting as lead counsel in a successful lawsuit against a Pennsylvania business owner who inhumanely kept a female black bear in a concrete and chain-link fence enclosure on his property for more than 18 years.

Services

Prior Positions

  • DLA Piper
    • Antitrust and Trade Regulation Group: Global Co-Chair
    • Chair of Litigation Group in Philadelphia
  • Stevens & Lee
    • Antitrust Group: Chair
  • Law Clerk for the Honorable Chief Judge Emeritus Louis C. Bechtle of the United States District Court for the Eastern District of Pennsylvania

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, Middle District of Pennsylvania
  • U.S. District Court, Western District of Pennsylvania
  • District of Columbia
  • Pennsylvania

Education

  • J.D., Temple University Beasley School of Law, 1979; Research Editor, Temple Law Review; Moot Court Board
  • B.A., Temple University, 1976, summa cum laude, with honors