Stephen W. Armstrong is chair of the Antitrust Practice Group at Montgomery McCracken. His experience of thirty-five years in antitrust matters covers the range of issues and problems faced by business clients, from traditional manufacturing and distribution issues, such as price fixing and restrictions on wholesalers and retailers, to emerging issues involving the application of antitrust and economics principles to computer technology, joint venture arrangements and nonprofit organizations.
He has specific knowledge in the chemical, computer manufacturing, software licensing, health care, petroleum, pharmaceutical, retail camera and photography, paper distribution, and railroad car construction industries. His clients have included a broad spectrum of types of businesses engaged in very different strategies and markets, which present unique legal issues: industrial and manufacturing firms, distribution companies, service industries, retailers, computer hardware and software producers, and trade associations. Recent clients include AmerisourceBergen Corporation, Air Products and Chemicals, Inc., Brenntag North America, Rohm and Haas Corporation, the International Cemetery and Funeral Association, Kohler Co. and ThyssenKrupp USA.
His trial experience in antitrust cases includes claims of refusal to deal, tying arrangements, group boycotts, and monopolization. He also has represented companies, and their officers or managers, in grand jury criminal pricing fixing investigations and government civil investigations that involved a wide variety of industries and problems.
In non-litigation matters, he has broad experience in providing antitrust and business advice on distribution arrangements, sales and pricing practices, price discrimination and promotional assistance, licensing agreements, dealer terminations, joint ventures, and partnering arrangements. He has counseled trade or professional associations and their members on issues that include standards setting and certification, information exchange programs, membership issues, and antitrust compliance policies. He also has represented associations in antitrust litigation and at trial.
Recent representations he has handled include government investigations into possible price fixing in certain industries; litigation raising claims of price fixing involving manufacturing, chemical, and computer industry products; and counseling on tying arrangements and refusals to deal, price discrimination, joint venture arrangements; joint cooperative activities in certain healthcare and manufacturing markets; and trade association antitrust compliance programs.
Armstrong's experience in intellectual property matters includes exposure to a broad range of issues and industries. Among these matters, he has handled patent infringement litigation involving electronic article surveillance systems, high density memory storage systems, and electronic scoring software; trademark infringement litigation involving television signal scramblers; copyright issues concerning software operating systems, billing programs and administrative management systems, and contract disputes over network routing software and nationwide distribution and management enterprise programs.
Armstrong also has experience in a variety of significant commercial and business litigation matters that include trials and evidentiary hearings in cases involving trademarks, copyrights, trade secrets, confidentiality and restrictive covenants, commercial contracts, procurement and construction, products liability, debt collection practices, and writs of seizure. For over fifteen years he has served as an American Arbitration Association panel arbitrator hearing disputes on commercial contracts, intellectual property, marketing, partnership, and international transactions.
Armstrong has participated in several litigated cases that produced significant developments in antitrust law, notably:
Armstrong has authored several publications on antitrust including:
Armstrong has organized and spoken at numerous programs on antitrust topics including:
He received his J.D. degree in 1972 from Georgetown University Law Center, where he was a Lead Articles Editor of the journal Law & Policy in International Business. A graduate of Brown University, Armstrong received an A.B. degree in 1965 with a concentration in History.