W. Stephen Smith

Partner

Washington D.C., (202) 887-1514

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Education

Northwestern University (B.A., 1978)
;
Northwestern University (M.B.A., 1979)
;
University of Chicago Law School (J.D., 1983)

Practices

Antitrust + Competition Law

Appellate + Supreme Court

Litigation

Bar Admissions

District of Columbia

Steve Smith is a Co-Chair of Morrison & Foerster's Global Antitrust & Competition Law Practice Group. He regularly represents parties before both the Antitrust Division of the Department of Justice and the Federal Trade Commission in merger and other antitrust investigations. Mr. Smith has secured antitrust clearances for more than 200 mergers and acquisitions.

Mr. Smith counsels clients on a wide range of antitrust issues in a variety of industries, including high-technology, life sciences, financial services, communications, and transportation. He represents parties in antitrust litigation at both the trial and the appellate levels, including Cargill, Inc. in Cargill, Inc. v. Monfort of Colorado, Inc., 479 U.S. 104 (1986).

Mr. Smith has represented clients before the United States Courts of Appeals and the Supreme Court of the United States on matters involving issues ranging from arbitration, to federal regulation, to constitutional law. Mr. Smith represented a group of United States District Court and Court of Appeals judges at trial, on appeal, and before the Supreme Court in a constitutional challenge arising under Article III, Section 1 of the Constitution, United States v. Hatter, 532 U.S. 557 (2001).

Mr. Smith serves on the Litigation Screening Committee for the American Civil Liberties Union of the National Capital Area and is on the Board of Directors of Morrison & Foerster LLP, as well as the Board of Directors of The Morrison & Foerster Foundation.

Prior to his career as a lawyer, Mr. Smith was an economist at the Federal Reserve Bank of Chicago.

In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation

(E.D.N.Y.) Representing a major financial institution in federal antitrust class and individual actions alleging that the payment card practices of the defendant card networks and financial institutions constitute an unreasonable restraint of trade and illegal monopolization, in what is likely the largest private antitrust suit ever brought. (Ongoing)

In re ATM Fee Antitrust Litigation

(N.D. Cal.) Representing JPMorgan Chase Bank, N.A. in a putative class action involving ATM interchange fees. On behalf of our client and the joint defense group, won summary adjudication of the plaintiffs’ claim that the setting of a network-wide ATM interchange fee constituted per se illegal price-fixing in violation of Section 1 of the Sherman Act , 554 F. Supp.2d 1003 (N.D. Cal. 2008). After the plaintiffs amended their complaint and alleged that the conduct was unlawful under the antitrust rule of reason, obtained summary judgment on the ground that the plaintiffs lacked standing to bring their claim under the Supreme Court’s decision in Illinois Brick Co. v. Illinois, 2010-2 Trade Cas. (CCH) P77,173 (N.D. Cal. 2010). The plaintiffs have appealed, and the case is currently pending in the Ninth Circuit. (Ongoing)

Intel/Infineon

Represented Intel Corporation before antitrust agencies worldwide in its $1.4 billion acquisition of Infineon Technologies’ Wireless Solutions business. (2010)

Toshiba/Fujitsu

Represented Toshiba Corporation and Fujitsu Ltd. before the Federal Trade Commission in Toshiba’s acquisition of Fujitsu’s hard disk drive business. (2009)

Clearwire/Sprint Nextel

Represented Clearwire Corporation, an innovative wireless communications company developing next-generation wireless broadband technology called WiMAX, before the U.S. Department of Justice in a deal with Sprint Nextel Corporation, Intel Corporation, Google, Inc., Comcast Corporation, Time Warner Cable Inc., and Bright House Networks to create a national WiMAX joint venture valued at approximately $14.5 billion. (2008)