J. Wyatt Fore

J. Wyatt Fore is a Partner in the Washington, DC office of Constantine Cannon, where he concentrates his practice on antitrust litigation, government investigations, and merger and acquisition advocacy.  He also provides counseling on a wide array of matters, including antitrust considerations for emerging technologies.

Wyatt has significant experience with complex case litigation and has represented clients, both as plaintiffs and defendants, in a variety of federal and state lawsuits.  His clients come from a diverse range of industries, including tech, health care, sports, video games, the automotive industry, the supply chain, Hollywood, finance, airlines, and life sciences.

Wyatt is an emerging thought leader on cutting-edge antitrust issues.  For example, he co-edited the American Bar Association’s Section of Antitrust Law’s Competition Implications of Big Data and Artificial Intelligence / Machine Learning, and has co-authored a White Paper on the competition provisions of the Shipping Act. Wyatt has been recognized for his work, including his selection by the American Antitrust Institute as a 2023 Honoree in the category of Outstanding Antitrust Achievement by a Young Lawyer.  He is an active participant in the ABA’s Antitrust Law Section, where he currently serves as Vice Chair of the Media and Technology Committee.

Wyatt also maintains an active pro bono and public interest practice.  While in law school he served as a law clerk and trial counsel for plaintiffs in DeBoer v. Snyder, later consolidated sub nom. Obergefell v. Hodges, which guaranteed the nationwide right to marry for same-sex couples.

Representative matters:

• World Association of Icehockey Players Unions North America Division, Tanner Gould, et al. v. National Hockey League, Canadian Hockey League, et al., No. 1:24-cv-01066 (S.D.N.Y.), prosecuting case on behalf of major junior hockey players against cartel facilitating market allocation and wage suppression scheme.
• Sidibe et al. v. Sutter Health, No. 12-cv-4854 (N.D. Cal.), served as trial and appellate counsel for class of premium-payers in antitrust case brought against dominant healthcare system.
• Brown et al. v. Hartford HealthCare Corporation, Dkr. No. HHD-CV22-6152239-S (Conn. Super. Ct.), prosecuting case on behalf of premium-payers in antitrust case brought against dominant healthcare system.
• Intermodal Motor Carrier Conference of the American Trucking Associations v. OCEMA et al., Dkt. No. 20-14 (F.M.C.), prosecuting case under the Shipping Act on behalf of intermodal trucking companies against conference of ocean carriers alleging unreasonable practices with respect to chassis.
• In re Valve Antitrust Litigation, No. 21:-cv-00563 (W.D. Wash.), prosecuting antitrust case on behalf of game developers against dominant PC video game distributor.
• LKQ Corp. v. Overall Parts Solutions, C.A. No. 2022-0036-PAF (Del. Ch. Ct.), prosecuting breach of contract case on behalf of automotive replacement part manufacturer.
• In re: Louisiana Real Estate Appraisers Board, Dkt. No. 9374 (F.T.C.)., defended a state agency in litigation and appeals from price-fixing allegations by the Federal Trade Commission.
• William Morris Endeavor Entertainment, LLC v. Writers Guild of America, West, Inc., No. 19-cv-05465 (C.D. Cal.), litigation counsel for labor union concerning allegations that the Guilds’ adoption of its Agency Code of Conduct constituted a group boycott in violation of the antitrust laws, and in pursuing counterclaims against the three leading Hollywood talent agencies for fixing the price of packaging fees.
• Global Technology Firm – Counseling with respect to emerging antitrust issues on high tech, artificial intelligence/machine learning, and big data.

Featured Writings and Speaking Engagements:

• With Kathleen Bradish (American Antitrust Institute), Competition Enforcement, Private Actions, and the Shipping Act (May 2, 2023)
• Co-Editor and Contributor, ABA Antitrust Law Section Big Data Task Force, Competition Implications of Big Data and Artificial Intelligence / Machine Learning (2021)
• Ruled By Reason (American Antitrust Institute Podcast), How Do We Fix the Competition Problem in Shipping? (July 17, 2023)
• ABA Antitrust Section Economics Committee – Moderator, Two-Sided Platforms: Fundamentals of Antitrust Economics Series (Nov. 2021)
• Antitrust Matters (Podcast), Inside the 2023 Draft Merger Guidelines: A Conversation with Michael Kades (Oct. 2023)
• Antitrust Matters (Podcast), Private Equity & Antitrust: A New Approach?  (Nov. 2022)
• Voluntary Portability: A Procompetitive Solution to Data Enclosure, Icarus (Spring 2019) (Newsletter of the ABA Antitrust Section’s Media & Technology Committee)
• Common Ownership in the Draft Merger Guidelines: A Change for Index Funds? (Oct. 2, 2023)
• Court Green Lights Ohio AG’s Case to Declare Google a “Common Carrier” (June 2, 2022)
• FTC Chair Khan Squares the Circle With an “Interdisciplinary Approach” to Protecting Privacy and Competition (Apr. 21, 2022)
• Rocking the Boats: Federal Government Tackles Competition in Maritime Shipping (September 21, 2021)
• Supreme Court Slams NCAA’s “Procompetitive Rationale” in Unanimous Ruling (with David A. Scupp) (July 1, 2021)
• DOJ Tells Congress Criminal Prosecution of No-Poach Agreements is Still a “High Priority” (Oct. 31, 2019)
• Net Neutrality Setback in Mozilla Opens the Door for State Regulation (Oct. 18, 2019)
• Duke Settles Class Action Alleging “No-Poach” Conspiracy with UNC (with Ethan E. Litwin) (April 11, 2019)

Education:

• University of Michigan, J.D. cum laude, National Champion – Williams Institute Moot Court Competition, Excellence in Pro Bono Service Award
• University of Virginia, B.A. with honors, Political and Social Thought, Lawn Resident

Bar Admissions:

• District of Columbia
• Virginia