Adam Hudes

Partner

Vinson & Elkins

Office Phone:

(202) 639-6500

Direct Phone:

(202) 639-6632


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Bio

Adam Hudes is a seasoned litigator and antitrust lawyer who concentrates on complex antitrust and commercial disputes. He places a particular emphasis on the application of the antitrust laws to pricing and distribution practices and to intellectual property rights. Adam’s work has been recognized by publications such as Super Lawyers, Legal 500, and Global Competition Review. Adam’s representations have included some of the largest antitrust cases filed in recent years by private plaintiffs and the class action bar. These cases have addressed a variety of legal theories including price-fixing, monopolization, Robinson-Patman Act violations, exclusive dealing, bid rigging, sham litigation, patent misuse, and the appropriateness of class certification. As examples of these engagements, Adam represented Nestlé USA in In re Chocolate Confectionery Antitrust Litigation, one of the largest multi-district antitrust litigation matters to date involving allegations of a conspiracy to fix the price of chocolate candy products. The successful defense of Nestlé USA was nominated by Global Competition Review for 2015 “Litigation of the Year – Cartel Defense.” In 2019, Adam obtained dismissal of claims against a multinational oil company alleging that it had engaged in a decade-long conspiracy to bribe Venezuelan officials and rig bids for the sale and purchase of oil submitted to the Venezuela’s national oil company PDVSA. Dismissal was obtained after an evidentiary hearing on the issue of standing, and was upheld by the Fourth Circuit Court of Appeals. Adam’s antitrust practice includes the representation of companies in merger and nonmerger antitrust investigations conducted by the Federal Trade Commission, US Department of Justice and state authorities. These representations have spanned multiple industries including food and beverage, pharmaceuticals, and agricultural products. In addition, Adam maintains a robust antitrust counseling and compliance practice. He regularly advises clients on distribution, resale pricing, MAP policies, promotional allowances, anti-diversion strategies, and other trade practice matters. Adam also represents clients in commercial litigation matters and arbitrations involving claims of false advertising, violation of state unfair competition statutes, breach of contract, trademark infringement, and other business torts. Adam has developed particular experience addressing unauthorized parallel imports (or gray market goods), and has obtained some of the most important rulings in the field confirming the rights of brand owners to pursue unauthorized gray market sales in federal court. He also has substantial experience defending claims relating to dealer terminations, the design and defense of expert consumer surveys, and the jurisdictional defense of foreign defendants.

Education