Photo of David A. EttingerPhoto of David A. Ettinger

David A. Ettinger

Partner
Leader, Antitrust and Trade Regulation Practice Group

Education

University of Michigan Law School, J.D.
  • cum laude
  • Michigan Law Review, Editor, 1974-1976
University of Michigan, B.A.
  • with high distinction

Bar Admissions

Court Admissions

Professional Affiliations

State Bar of Michigan

  • Antitrust Law Section, former Chairman
Overview
Experience
News & Resources
Honors

Overview

Mr. Ettinger has led Honigman’s Antitrust and Trade Regulation practice for more than 30 years.  He has litigated antitrust cases and represented clients in antitrust matters in more than 30 states, and has successfully acted as lead counsel in a wide variety of major matters, including:

  • Challenge of hospital acquisition of physician practice in a recent landmark decision
  • Defense of a merger against Justice Department challenge
  • Defense of class certification in a series of antitrust class actions
  • Defense of a number of intensive “second request” investigations of mergers and acquisitions

Mr. Ettinger has written and spoken before national audiences on antitrust topics on a regular basis for more than 20 years.  He has worked on antitrust matters in more than 40 industries, but has especially deep experience in health care, auto parts and computer software. 

Experience

Representative cases:
  • Saint Alphonsus v. St. Luke's Health System, Ltd., (D. Idaho) (Challenge to hospital acquisition of physician practice)
  • United States v. Mercy Health Services (N.D. Ia.) (successful defense of a hospital merger against a Justice Department challenge)
  • Compuware v. IBM (E.D. Mich.) (challenge to tying of mainframe software products)
  • Easton Sports, Inc., v. NCAA (D. Kan.) (claim of antitrust violations by National Collegiate Athletic Association through restrictions on the use of bats in NCAA competition)
  • Chi v. Sisters of Mercy Health Corp. (N.D. Ia.) (preliminary injunction; exclusive physician contract)
  • Lundsford v. Callaway Golf Co. (D. Tenn.) (defense of purported class action alleging resale price maintenance in the sale of golf clubs)
  • In re Motorsports Merchandise Antitrust Litigation (N.D. Ga.) (defense of class action alleging price fixing in the sale of merchandise at NASCAR races)
  • Centigram v. VMX (N.D. Cal.) (defense of claims of price fixing in patent licensing)
  • Dialogic v. VMX (D.N.J.) (defense of claims of patent tying)
  • Chase v. Northwest Airlines, et al. Antitrust Litigation (E.D. Mich.) (defense of claim of airline conspiracy)
  • NWS Michigan, Inc. v. General Wine & Liquor Co., Inc. (6th Cir.) (defense of claim of monopolization of beverage markets)
  • Patel v Verde Valley Medical Center (D. Ariz.) (defense of claims that hospital system attempted to monopolize cardiology services)
  • Heartland Surgical Specialty Hospital, LLC v. Midwest Division, Inc. (D. Kan.) (claim of boycott of physician-owned specialty hospital)
  • Hassan v. Independent Practice Associates (E.D. Mich.) (a leading case on HMO and network antitrust liability)
  • Kerasotes Michigan Theatres, Inc. v. National Amusements, Inc. (6th Cir.) (alleged conspiracy to boycott in movie industry)
  • Helmac Products Corp. v. Roth (Plastics) Corp. (E.D. Mich.) (antidumping and price discrimination)

News & Resources

News

Press Releases

Publications

Seminars & Events

Honors

  • The Best Lawyers in America, 2005-2017
    • Named Detroit Litigation-Antitrust Lawyer of the Year, 2017
    • Named Detroit Antitrust Lawyer of the Year, 2013 and 2016
  • DBusiness, Top Lawyers, 2010-2016
  • Martindale-Hubbell AV® Preeminent™ Peer Review Rated 
  • Michigan Super Lawyers, 2006-2016
    • Recognized in the Top 100 rankings