Bradley Lui is a partner in Morrison Foerster’s Global Antitrust Litigation Group, where his practice includes the representation of clients in criminal and civil litigation and before federal antitrust enforcement agencies. He has extensive civil and criminal antitrust litigation experience and regularly represents clients before the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) in connection with mergers and acquisitions and cartel matters. He also represents clients in connection with cartel work and other matters before antitrust authorities in jurisdictions abroad, including the EU, Korea, and Japan.

Brad has successfully defended clients in government investigations and antitrust litigation involving the rubber chemicals, consumer electronics, telecommunications, and transportation industries. In addition, he has successfully represented plaintiffs in a number of antitrust matters. Brad also provides antitrust counseling to companies in the consumer products, financial, technology, food, and pharmaceutical industries.

Brad has served as lead trial counsel in overcharge claims involving over a billion dollars before the Federal Energy Regulatory Commission (FERC) and the state regulatory commissions. He also has a depth of understanding of leading appellate cases before the United States Court of Appeals for the District of Columbia Circuit. Brad was named one of Lawdragon’s 2022 500 Leading Litigators in America.

Prior to joining MoFo, Brad was a trial attorney with the DOJ’s Antitrust Division, where he litigated a price-fixing suit against the major U.S. domestic airlines and was involved in investigations of Microsoft, major airline mergers, and grand jury investigations. He also served as a special assistant U.S. attorney in the United States Attorney’s Office for the Eastern District of Virginia, where he tried criminal cases and handled criminal appeals. Brad has also clerked for Judge Dickran Tevrizian of the United States District Court for the Central District of California.

Brad is a resident of our Washington, D.C., office and a member of our San Francisco office.

Representative Matters

• Teradata Corp. Representing Teradata, a major American multi-cloud data platform company, in connection with its monopolization and tying claims against SAP SE.

• In re SSA Bonds Antitrust Litigation. Represented client in connection with price-fixing allegations in the SSA bonds market. Secured dismissal of the civil case.
• Hurst v. Sinclair. Represented Sinclair in connection with monopolization claims in the fruit labeling industry.
• T-Mobile/Sprint. Represented SoftBank and Sprint Corp. before the Department of Justice in connection with T-Mobile’s proposed acquisition of Sprint. He also represented SoftBank and Sprint in the challenge of the merger brought by certain states in the Southern District of New York and in proceedings before the California Public Utilities Commission.
• Continental Building Products. Represented Continental Building Products, a North American leader in wallboard and joint compound materials, against allegations that it participated in a conspiracy to fix prices in the drywall industry. Secured dismissal of the case.
• BlackBerry v. Nokia Corp. Represented BlackBerry in patent infringement litigation relating to wireless infrastructure equipment.
• Precision Associates v. Panalpina, et al. Represented a joint defense group of 65 defendants in a class action alleging a global price-fixing cartel in the freight forwarding industry. The firm argued a motion to dismiss on behalf of all defendants, resulting in recommended dismissal for lack of standing and failure to satisfy Twombly on key claims.
• Bandspeed v. Garmin International, et al. Represented Blackberry in connection with patent infringement and antitrust claims relating to the Bluetooth standard.
• Represented client in connection with U.S. Department of Justice investigation into alleged price-fixing in the auto parts industry.
• Represented client in connection with U.S. Department of Justice investigation into alleged price-fixing in the ocean car carrier industry.
• Represented a major international transportation company in the U.S., Asia, Brazil, and the EU relating to alleged price-fixing in the freight forwarding industry.
• Represented a major transportation company in the U.S. and Asia in connection with alleged price-fixing in the air cargo industry.
• Southwest/AirTran. Represented AirTran Holdings, Inc. before the U.S. Department of Justice in connection with Southwest Airlines Co.’s proposed $1.4 billion acquisition of AirTran.
• In re Vitamins Antitrust Litigation, MDL No. 1285. Successfully represented as lead counsel, a leading manufacturer of vitamins in connection with its claims against members of a vitamin cartel. Obtained highly favorable settlements from all defendants.
• State of Alaska. Regular representation of the State of Alaska in connection with litigation over the rates charged by the owners of the Trans Alaska Pipeline System. Most recently, he was lead trial counsel for the State of Alaska in a nine-week hearing regarding the TAPS Quality Bank. He served as the lead trial counsel in a 10-week hearing before the Federal Energy Regulatory Commission and the Regulatory Commission of Alaska, where he secured approximately $1 billion in rate reductions. He also served as lead trial counsel in another matter in which the Trans Alaska Pipeline System rates were reduced in half. In addition, he has represented the State in connection with petroleum industry mergers affecting upstream oil production on the North Slope, ownership interests in TAPS, sale of North Slope crude oil, and refining on the West Coast of the U.S.