Michael H. Menitove

Mr. Menitove’s experience spans class actions, appeals, and other challenges by private plaintiffs or government agencies that involve allegations of monopolization, price fixing and other restraints of trade, algorithmic pricing and information sharing or benchmarking among competitors. He also has extensive experience representing clients in government investigations and defending challenged mergers, including both government and private actions. He regularly counsels clients on a broad range of competition issues involving joint ventures, competitor collaborations, distribution arrangements and the exercise of intellectual property rights.

Mr. Menitove’s practice spans a broad range of industries, including technology, artificial intelligence, energy, health care, real estate, agriculture, industrial equipment, hospitality, entertainment and gaming, among others. He also has extensive experience in the sports industry and has represented and counseled professional leagues — including the NHL, NFL, NBA and PGA TOUR — and teams in litigation and disputes involving league rules, governance, commercial agreements, licensing and broadcasting, among other matters.

Mr. Menitove’s representations include:

Antitrust Litigation

• American Express Global Business Travel in securing the dismissal of the DOJ’s lawsuit challenging Amex GBT’s acquisition of CWT
• Sunstate Equipment Co., LLC in class actions alleging a price-fixing conspiracy among construction rental equipment companies using a benchmarking service
• Pioneer Natural Resources Company in class actions alleging a conspiracy among shale oil producers to restrict output
• Caesars Entertainment, Inc. in class actions alleging that casino-hotels engaged in price fixing through the use of pricing algorithms
• Flannery Associates LLC, the developer of a new proposed city in Solano County, California, in a lawsuit alleging that landowners unlawfully conspired to raise prices
• Intuitive Surgical, Inc. in lawsuits brought by purported competitors and in a class action alleging that the company engaged in unlawful tying, exclusive dealing and monopolization in connection with the sale of its surgical instruments and servicing of its robotic-assisted surgery systems
• Sabre Corporation in a trial victory in the DOJ’s challenge to its proposed acquisition of Farelogix Inc. and in the successful defense in a jury trial against claims accusing Sabre of monopolization and unlawful restraint of trade
• Express Scripts, Inc. and its affiliates in several litigations in federal and state courts alleging violations of Sections 1 and 2 of the Sherman Act, the RICO statute, and state antitrust and consumer protection laws, as well as in investigations by state attorneys general
• SanDisk Corporation in obtaining (i) judgment for the company in a trial regarding its licensing of its flash memory technology, (ii) the dismissal of a competitor’s exclusive dealing and attempted monopolization claims concerning the company’s sale of SD memory cards and (iii) summary judgment in a class action alleging monopolization of markets for flash memory chips and products
• Anheuser-Busch InBev in defeating a motion for a temporary restraining order and securing dismissal of claims challenging the company’s acquisition of Grupo Modelo
• Pfizer Inc. in a class action alleging that the company unlawfully manipulated its patent rights to maintain a monopoly with respect to the drug Neurontin

Sports Industry

• the NHL in several matters, including in:
  • defeating class certification in a class action brought by former NHL players alleging that they were not adequately warned about the potential long-term risks of concussions and subconcussive impacts, as well as in securing the favorable resolution of individual lawsuits bringing similar claims
  • arbitrations involving disputes between clubs and other team personnel, as well as the enforcement of league rules
• an NFL club in a complete victory in an arbitration brought by its former head coach over whether the club had contractual cause to fire him
• USA Swimming in obtaining the dismissal of an antitrust complaint alleging a conspiracy to undermine participation in the 2026 Enhanced Games
• the United States Hockey League in securing a favorable resolution of a dispute related to the enforcement of league rules
• the NFL in a variety of matters, including arbitrations involving player disputes
• the PGA TOUR in several matters, including in a lawsuit filed by golfer Vijay Singh alleging that the TOUR failed to properly administer its Anti-Doping Program

In recognition of Mr. Menitove’s work, he has been named one of Lawdragon’s 500 Leading Global Antitrust & Competition Lawyers and 500 Leading Global Entertainment, Sports & Media Lawyers. He also co-authored “Private Litigation and Government Rhetoric Signal Increased Legal Headaches Under the Robinson-Patman Act,” which was recognized as Best Business Article (Private Enforcement) at Concurrences’ 2025 Antitrust Writing Awards.