Overview

Jake Kramer serves clients in all phases of antitrust litigation, from initial case evaluation through trial and appeal. He also provides thoughtful and pragmatic antitrust counseling to help clients evaluate antitrust risk and navigate antitrust issues arising from distribution networks, patent licensing and enforcement, sham litigation, and myriad other business transactions and situations. He is committed to helping clients, judges and juries better understand and evaluate complex antitrust issues related to monopolization, tying, vertical distribution restrictions, patent misuse, price discrimination, price fixing, monopsony and group boycotts.

Jake has particular insight into challenges facing companies that adopt a “razors and razor blades” business model, which can result in disputes with distributors or independent service organizations that offer competing aftermarket goods and services. He advises clients on issues relating to aftermarkets, including forward-thinking and proactive strategies for securing aftermarket revenues, minimizing antitrust risk and avoiding litigation. If litigation is unavoidable, he has vast experience trying cases and otherwise defending his clients’ business interests.

In addition, Jake is a seasoned trial lawyer who serves clients in complex litigation in many areas. He has worked on cases involving regulatory challenges under the Administrative Procedure Act, qui tam whistleblower claims, fraudulent transfer and alter ego claims, and postmerger disputes. As with his antitrust practice, he works hard to distill and simplify complex legal issues for clients and courts.

Personal Interests

In his free time, Jake can be found cheering on his children from the sidelines of basketball courts and soccer fields, reading crime fiction, enjoying a movie, or venturing outdoors in search of rare birds and fresh air.

Credentials

Bar Admissions

District of Columbia
Maryland

Court Admissions

U.S. Supreme Court
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the District of Columbia
U.S. District Court for the District of Maryland

Education

George Washington University Law School
J.D. with high honors, Order of the Coif (2004)

Cornell University
B.S. (2001)

Insights & Events

Other Perspectives
  • To Sell, License or Neither?: A Review of Lexmark v. Impression Products
    Co-author, Thompson Reuters Westlaw Journal, October 2017
  • Enforcing Post-Sale Restrictions After Lexmark: Contracts and Antitrust Issues
    IP Watchdog, June 13, 2017
  • Justices Mulling ‘Conditional Sale’ Doctrine
    San Francisco & Los Angeles Daily Journal, May 23, 2017
  • Competition Challenges in Aftermarkets
    Co-author, Lexis PSL Competition, November 2016
  • The Fight for Aftermarkets: IP and Antitrust Issues
    Co-author, Corporate Counsel, August 10, 2015
  • Competition/Antitrust Challenges in Technology Aftermarkets
    Co-author, EU & Competition Law, March 5, 2015

Leadership & Community

Pro Bono

Jake spent a decade representing student journalists and neutral legal observers who were swept up in a mass arrest in Washington, DC, in sprawling litigation that resulted in a record-breaking public-interest settlement on the eve of trial.

Professional Associations

  • American Bar Association — Antitrust Law Section

Honors

  • Super Lawyers — Washington, D.C., “Rising Star,” Antitrust Litigation (2014-19)
  • Order of the Coif
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