James J. Kovacs

James J. Kovacs is a partner in the Washington, DC office of Constantine Cannon.  His practice concentrates on antitrust litigation and counseling, with a focus on the intersection of healthcare and antitrust.  Mr. Kovacs represents both plaintiffs and defendants from various industries concerning allegations of price fixing, tying, bundling, group boycotts, market allocation, monopolization, Robinson Patman Act claims, and anticompetitive mergers.  Mr. Kovacs  also represents clients before the U.S. Department of Justice Antitrust Division, Federal Trade Commission, and State Attorneys’ General.  In addition, he provides advice to clients on general compliance with federal and state antitrust laws and joint ventures and other competitor collaborations, including messenger models and accountable care organizations.

Representative Matters

• Sidibe et al. v. Sutter Health, 12-cv-4854 (N.D. Cal.), representing a class of consumers in a tying and unreasonable restraint of trade case brought against a dominant healthcare system.
• In the Matter of Louisiana Real Estate Appraisers Board, FTC Dkt. No. 9374, defending a state agency in litigation from price-fixing allegations by the Federal Trade Commission.
• CVS Pharmacy, Inc. v. Actavis Elizabeth, LLC, 20-cv-06310 (E.D. Pa.), representing CVS in its price fixing and market allocation claims against numerous generic manufacturers.
• O.E.M. Glass Network, Inc. v. Mygrant Glass Co., Inc., 19-cv-00742 (E.D.N.Y.), representing an auto glass wholesaler in connection with a group boycott by competitor wholesalers and various auto glass manufacturers.
• Dinosaur Financial Group et al. v. S&P Global et al., 1:22-cv-1860-KPF (S.D.N.Y.), defending FactSet in an antitrust class action lawsuit alleging monopolization and conspiracy claims concerning usage of the CUSIP financial identifier.
• Black Card, LLC v. Visa U.S.A., 15-cv-00027 (D. Wyo.), represented a credit card company in its breach of contract case against Visa.

Mr. Kovacs has authored amicus briefs in federal appellate courts on a range of subjects, including reverse payments, product hopping, and hospital mergers.   Mr. Kovacs has also published a number of articles concerning various antitrust issues.  Prior to joining Constantine Cannon, Mr. Kovacs worked for a boutique antitrust firm, where he focused on antitrust and healthcare law.

Mr. Kovacs graduated cum laude from Fordham University in 2010 and graduated cum laude from Saint Louis University School of Law in 2013 with a concentration in health law.  During law school, Mr. Kovacs interned for the U.S. Department of Justice Antitrust Division and served as the Lead Editor for the Saint Louis University Journal of Health Law and Policy.

Mr. Kovacs has been a member of the Antitrust Section of the American Bar Association and a member of the American Health Lawyers Association.  He is a member of the District of Columbia and Missouri bars.

Featured posts

• Microsoft/Activision Merger Primer: Claims of Foreclosure in a Vertical Merger (March 30, 2023)
• Department of Justice Signals More Aggressive Healthcare Competition Enforcement With Withdrawal of Three Policy Statements (with Sarah Bayer) (February 10, 2023)
• It’s All About Access to Patients – Health Care Provider Antitrust Challenges Against Dominant Hospital Systems (August 23, 2022)
• DOJ and States Seek to Halt Takeoff of American Airlines and JetBlue’s Joint Venture (September 28, 2021)
• The FTC’s Promotion of Competition in Aftermarkets for Repairs Gets a Boost From Biden’s Executive Order on Antitrust Enforcement (with Yo W. Shiina) (July 27, 2021)