Stephen W. Armstrong

Senior Counsel
123 South Broad St.
Philadelphia, PA 19109
Phone:  215-772-7552
Fax:  215-731-3706
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Practice Areas:
Alternative Dispute Resolution, Antitrust, Intellectual Property, Pharmaceutical / Life Sciences, Commercial Litigation
Admitted to Practice:
Pennsylvania
Office:
Philadelphia, PA
Law School:
Georgetown University Law Center
Undergraduate School:
Brown University

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.

Selected Representations

Armstrong has participated in several litigated cases that produced significant developments in antitrust law, notably:

  • Baxley-DeLamar Monuments, Inc. v. American Cemetery Ass'n, 938 F.2d 846 (8th Cir. 1991), 843 F.2d 1154 (8th Cir. 1988)
  • Alan's of Atlanta, Inc. v. Minolta Corporation, 903 F.2d 1414 (11th Cir. 1990)
  • Monument Builders of Greater Kansas City, Inc. v. American Cemetery Ass'n, 629 F. Supp. 1002 (D. Kan.), 891 F.2d 1473 (10th Cir. 1989)
  • International Raw Materials, Inc. v. American Natural Soda Ash Corp., 716 F. Supp. 188 (E.D.Pa. 1989) (Hannum, J.), aff'd 898 F.2d 946 (3d Cir. 1990), 767 F. Supp. 687 (E.D. Pa. 1991) (Pollak, J.)
  • Bogosian v. Gulf Oil Corp., 561 F.2d 434 (3d Cir. 1977), 783 F.2d 587 (3d Cir. 1984)
  • Structure Probe, Inc. v. The Franklin Institute, 450 F. Supp. 1272 (E.D. Pa. 1978), aff'd 595 F.2d 1214 (3d Cir. 1979)
  • Venzie Corp. v. United States Mineral Products Co., 521 F.2d 1309 (3d Cir. 1975)

Selected Publications

Armstrong has authored several publications on antitrust including:

  • Finding Direction In The Antitrust Wilderness: Balance Among Uncertain Principles In A Volatile Environment, in Inside The Minds: Antitrust Settlements And Negotiations (Aspatore Press 2006)
  • Trade Associations: Threatening or Promoting Competition? Antitrust Law Developments 1998-2000, The Antitrust Review of the Americas 2001
  • Communications and Associations Among Competitors: Price Fixing and Boycotts, The Antitrust Review of the Americas 2000
  • Trade Association Recent Developments: Anti-Competitive Practices and Promoting Competition, The United States Antitrust Review 1998

Selected Speaking Engagements

Armstrong has organized and spoken at numerous programs on antitrust topics including:

  • Class Action Challenges and Strategy for Defendants, Antitrust Section Trial Practice Program, Philadelphia, October 2007
  • The Bell Tolls for Conley v. Gibson: The Supreme Court's Twombly Decision, Twombly's Impact on Antitrust Cases, Philadelphia Bar Association Business Law Section Antitrust Law Committee, September 2007
  • "Perspectives on Pleadings Following Twombly and Tellabs": Twombly's Impact on Pleadings Standards, Philadelphia Bar Association Federal Courts Committee, July 18, 2007
  • Will the Antitrust Modernization Commission Amount to Anything?, Pennsylvania Bar Institute Antitrust Program, November 2006
  • The Value of a Summary Judgment Strategy, Antitrust Section Trial Practice Program, Philadelphia, October 2005;
  • European Competition Law and Trade Associations, ABA Antitrust Section Spring Meeting, April 2002
  • Government Use of Trade Association Information and Activities, ABA Antitrust Section Spring Meeting, March 2001
  • Virtual Trade Associations, ABA Antitrust Section Spring Meeting, March 2001
  • What is the State of Association Codes of Conduct After California Dental? What Rules Can Associations Adopt that Affect Price Advertising?, ABA Antitrust Section Spring Meeting, March 2000
  • Competitor Collaborations: Joint Ventures, Strategic Alliances, and Trade Associations, ABA Antitrust Section Annual Meeting, August 1999
  • Can Industry Self-Regulation By Trade Associations Really Be Lawful, ABA Antitrust Section Spring Meeting, April 1999
  • Promotional Allowances and Services to Customers-New Developments and Practical Advice, ABA Antitrust Section Spring Meeting, April 1992
  • The Merger Review Process at the Federal Trade Commission and the Department of Justice, Parts I&II, ABA Antitrust Section Spring Meeting April 1991 and Annual Meeting August 1991

Community Involvement

  • Served as Counselor, Director, and Secretary of The St. Andrew's Society of Philadelphia, Director, Secretary, Vice President, and President of the Wynnewood Civic Association from 1972-86
  • Member of the Men's Garden Club of Philadelphia and the Brown Rowing Association
  • Registered Republican and has supported local candidates for Congress and state offices

Professional Activities

  • Contributed to the leadership of the American Bar Association Antitrust Section
  • Currently he is Chair of the Advocacy Committee
  • Member of the Antitrust Section Advisory Review Board on Reserves
  • Served as a member of the Antitrust Section Council, 2002-2005
  • Chair and vice chair of the Trade Associations Committee 1998-2002
  • Vice chair of the Spring Meeting Committee, 1996-97
  • Chair of the Monograph Committee, 1985-86
  • Chair of the Publications Committee, 1983-84
  • Chair of the Antitrust Law Journal, 1978-1982
  • Chair of the Antitrust Law Committee of the Philadelphia Bar Association Business Section, 1986 to 1990
  • Messenger for the United States Senate Antitrust & Monopolies Subcommittee of the Judiciary Committee under Senator Kefauver, March 1961

Honors and Awards

  • Armstrong was selected for inclusion in Super Lawyers - Alternative Dispute Resolution, 2012 for Pennsylvania.

Academic Achievements

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.