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Education

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

Admitted

Michigan

U.S. Supreme Court

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Eighth Circuit

U.S. District Court for the Northern District of Illinois

U.S. District Court for the District of Columbia

T 313.465.7368

F 313.465.7369

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Detroit
2290 First National Building
660 Woodward Avenue
Detroit, Michigan 48226

David A. Ettinger

Antitrust and Trade Regulation Practice Group Chair

Partner

Mr. David Ettinger is a Partner in Honigman Miller Schwartz and Cohn LLP’s Litigation Department. A 1976 graduate of the University of Michigan Law School with graduate level training in antitrust economics, Mr. Ettinger has spearheaded the firm’s antitrust, trade regulation and franchising practice for 25 years.
Mr. Ettinger has served as lead antitrust counsel in a number of antitrust cases of major national importance. These include Hassan v. Independent Practice Associates (the leading case on HMO and network antitrust liability), United States v. Mercy Health Services (successful defense of a hospital merger against a Justice Department challenge), Compuware v. IBM (challenge to tying of mainframe software products) and the successful defense of a number of antitrust class actions. Mr. Ettinger was one of the pioneers in developing defenses to “indirect purchaser” class actions brought on behalf of consumers.
Honigman Miller Schwartz and Cohn LLP, Antitrust and Trade Regulation Group - Chair
Representative Cases:
- 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)
- Easton Sports, Inc., v. NCAA (D.C. Kan.) (claim of antitrust violations by National Collegiate Athletic Association through restrictions on the use of bats in NCAA competition)
- Ezpeleta v. Sisters of Mercy Health Corp. (N.D. Ind.) (defended exclusive physician contract)
- Chi v. Sisters of Mercy Health Corp. (N.D. Ia.) (preliminary injunction; exclusive physician contract)
- Lundsford v. Callaway Golf Co., et al. (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)
- Dry Cleaning & Laundry Institute of Detroit, Inc. v. Flom's Corp., et al. (E.D. Mich.) (price-fixing class action defense)
- U.S. v. Mercy Health Services (N.D. Ia.) (defense of hospital merger)
- Sugai Products, Inc., et al. v. Kona Kai Farms, Inc., et al. (D. Haw.) (defense of class action)
- Wood v. Abbott Laboratories (Mich. Cir. Ct.) (defense of price-fixing class action)
- Compuware v. IBM (E.D. Mich.) (tying of computer software)
- 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)
- Central Franchise Group v. American Speedy Printing Centers, Inc. (E.D. Mich.) (claims of violation of master franchise agreement)
- 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)

Professional Involvement

State Bar of Michigan, Section of Antitrust Law - former Chairman

Honors

The Best Lawyers in America, 2005-2013
The Best Lawyers’ 2013 Detroit Antitrust Lawyer of the Year
DBusiness, Top Lawyers, 2010-2013
Martindale-Hubbell AV® Preeminent™ Peer Review Rated
Michigan Super Lawyers, 2006-2012
- Recognized in the Top 100 rankings

Publications

Selected Examples:

"Unique Issues in Physician Mergers, Acquisitions, and ACO Participation," American Health Lawyers Association New Member Briefing (November 2011)
"A Practical Checklist For Evaluating And Preparing For An Antitrust-Sensitive Merger," The Antitrust Counselor (1996)
"How PHOs Can Avoid Price-Fixing Charges," Healthcare Financial Management (1996)
"Four Myths About Efficiencies," The Antitrust Counselor (1996)
"The Dirty Words of Antitrust," The Medical Staff Counselor (Spring 1992)
"Health Care Mergers and Acquisitions: The Antitrust Perspective," BNA's Health Law and Business Series (1996) (regularly updated)

Speeches and Conferences

Numerous seminars on health care antitrust issues for American College of Health Care Executives, National Health Lawyers Association and American Health Lawyers Association (1992-2003, 2008-2009)