Wayne A. Mack is co-head of the Commercial, Securities and Antitrust division of Duane Morris' Trial Practice Group. Mr. Mack represents clients nationally with particular emphasis on antitrust, trade regulation, class actions and complex commercial litigation.

Mr. Mack regularly advises parties across a wide range of industry sectors regarding the myriad of antitrust issues that arise in the business world. His experience in the area of antitrust law includes representing and counseling hospitals and healthcare providers regarding mergers, joint ventures and acquisitions. He also regularly provides advice to manufacturers, suppliers, distributors and service providers on distribution issues, pricing issues and regarding the antitrust aspects of joint ventures, competitor collaboration and transactions. He also frequently counsels companies and trade associations regarding antitrust compliance.

He represents clients in federal court and before government agencies, including the Federal Trade Commission, on issues involving trade regulation, predatory pricing, price-fixing, monopolization, unfair competition claims, mergers and acquisitions, and consumer protection. He also has participated in major litigation involving the Sherman Act, the Clayton Act and the Robinson-Patman Act.

Mr. Mack is identified as one of the leading antitrust lawyers in Pennsylvania in Chambers USA: America's Leading Lawyers for Business. The Guide states that clients were impressed by his "presence in the courtroom" and his "thorough due diligence and his opinions" on antitrust law. Mr. Mack also is recognized as a Pennsylvania Super Lawyer in the antitrust field.

Mr. Mack's experience in the area of franchise and distribution law includes prosecuting and defending against commercial contract, business tort claims, including dealer/distributor termination, tortious interference with contract, unfair trade practices, copyright and trademark violations, breach of contract and breach of the implied covenant of good faith and fair dealing.

Mr. Mack regularly represents parties in class action litigation, including in cases involving antitrust matters, securities law claims, healthcare, insurance and franchise and dealership disputes. He also has handled defamation and libel matters and constitutional cases involving the First Amendment right to free speech.

Mr. Mack is a member of the Antitrust Law Section, the Forum Committee on Franchising, and the Committee on Business and Corporate Litigation of the Business Law Section of the American Bar Association. He is also a member of the Civil Litigation Section of the Pennsylvania Bar Association, the Philadelphia Bar Association and the American Health Lawyers Association. Mr. Mack is a 1986 graduate of the University of Pennsylvania Law School and a graduate of Temple University.

Areas Of Practice

Complex Commercial Litigation
- Antitrust
- Class Actions
- Franchise/Dealership
- Healthcare
- Securities Law
- Trade Regulation

Representative Matters

Johnson v. Aegon USA, WMAS, et al. (represented defendant brokerage firm in class action securities fraud case, all claims against client dismissed by court)
Antitrust counsel for group of sports equipment manufacturers in connection with anti-counterfeiting efforts
Chester County Hospital v. Independence Blue Cross, et al. (represented hospital in antitrust case involving claim under Section 2 of the Sherman Act)
Advice to manufacturers, distributors and service providers on distribution issues, Robinson Patman issues and antitrust aspects of joint ventures, competitor collaboration and transactions
Advice to hospitals and health care providers on antitrust issues arising out of joint ventures, mergers and acquisitions
Advising hospitals and health care providers on antitrust issues related to payor negotiations and contracting
Cumberland Truck Equipment Co., et al. v. Detroit Diesel Corp. (represent International and Volvo truck dealers in antitrust class action arising out of termination of dealerships)
J.F. Energy v. Carlos R. Leffler, Inc. (defense of antitrust claims against energy company)
In re Maine Health Alliance (represented large regional hospital network in negotiating consent decree in connection with FTC investigation)
Mariana v. Fisher (represented defendants in antitrust claim relating to state settlement of tobacco litigation)
In re Plastic Additives Antitrust Litigation (counsel to manufacturer in antitrust class action involving pricing of plastic additives)
Vineland Mitsubishi v. Mitsubishi Motors (represent auto dealer in RICO and state law franchise case involving claims relating to opening and operation of dealership)
Trans American Brokerage v. Mrs. Smith's Bakeries (litigation involving claims for breach of exclusive international distribution contract, $11.2 million arbitration award)
Angelico v. Lehigh Valley Hospital, Inc., et al. - (verdict in favor of defendant hospital in antitrust action brought by a cardiothoracic surgeon who alleged a group of hospitals had conspired to restrict his privileges)
Broussard, et al. v. Meineke Discount Muffler Shops, Inc., et al. - (trial counsel in franchise class action litigation involving claims of improper handling of advertising fund, $390 million jury verdict, case settled following appeal on confidential terms)
AAMCO Transmissions, Inc. v. Marino, et al. - (franchise litigation involving claims of inadequate training; case settled on confidential terms)
Carvel Corp. v. Baker, et al. - (franchise litigation involving claims that sale of Carvel products in supermarket violated duty of good faith)
In Re Goodyear Tire & Rubber Co. Securities Litigation - (securities class action; summary judgment granted in favor of defendants)
Mathews v. Lancaster General Hospital, et al. - (antitrust action arising out of peer review proceeding, summary judgment granted in favor of defendants)
Huhta v. Children's Hospital of Philadelphia, et al. - (antitrust action arising out of privileging decision, summary judgment granted in favor of the defendant)
Fox v. SUNY - (first amendment case involving University regulation restricting commercial speech decided by the U.S. Supreme Court)

Professional Activities

Pennsylvania Bar Association
- Civil Litigation Section
Philadelphia Bar Association
American Health Lawyers Association
American Bar Association
- Antitrust Law Section
- Business Law Section
-- Business and Corporate Litigation Committee
- Forum Committee on Franchising

Admissions

Pennsylvania
Supreme Court of the United States
United States District Court for the Eastern District of Pennsylvania
United States Courts of Appeals for the Third and Fourth Circuits
Supreme Court of Pennsylvania

Education

University of Pennsylvania Law School, J.D., 1986

Experience

Duane Morris LLP
- Partner, 1995-present
-- Co-chair, Dealer Services Group
-- Chair, Antitrust Practice Group
--- Chair, Professional Standards Committee
- Associate, 1986-1995

Honors and Awards

Listed in Chambers USA: America's Leading Business Lawyers, 2003-2007 editions
Named Pennsylvania "SuperLawyer" by Philadelphia magazine, 2004, 2006
Chairman's Award for Distinguished Service and Achievement presented by the American Association of Franchisees & Dealers, 1997

Selected Publications

Co-Author, "Antitrust Tying and Franchises: Does the Kodak Rationale Apply to Franchise Relationships?" Pennsylvania Law Weekly, February 23, 1998
Co-Author, "Franchisors: Will They Set Price Ceiling?" The National Law Journal, February 16, 1998
Co-Author, "Facts are Stubborn (and Dangerous) Things: A Closer Look at Broussard v. Meineke Discount Muffler Shops, Inc.," American Bar Association's Franchise Law Journal, Winter 1998
"Franchising After Meineke," Leader's Franchising Business & Law Alert, September 1997
"Reducing the Risk of Antitrust Violation," Physician News Digest, May, 1995

Selected Speaking Engagements

"Fundamentals of Antitrust Law," Pennsylvania Bar Institute, 2004
Moderated panel on "The Retail Front: Keeping It Safe and Planning For Incidents," U.S. Chamber of Commerce conference "Future of Food: Food Safety and Supply into the 21st Century," Washington, D.C., November 15, 1999
"Unfair Trade Practices Acts and State Antitrust Laws: Treble Damage Recoveries Under State Law," ABA Section of Antitrust Law, Atlanta, GA, August 10, 1999
"Antitrust Class Actions: The Remedy of Choice for Resolving Systemwide Disputes Among Franchisees and Dealers," ABA Section of Antitrust Law's Annual Spring Meeting, Washington, D.C., April 15, 1999
"State Unfair Trade and Consumer Protection Laws," American Bar Association Antitrust Law Section Spring Meeting, Washington, D.C., April 1, 1998
"Consumer Class Actions Under State Consumer Protection Laws," Advanced Consumer Protection Law: Mastering the Challenge, American Bar Association's Section of Antitrust Law, Scottsdale, Arizona, February 27, 1998
Keynote Speaker, Annual Meeting of the American Association of Franchisees & Dealers, Chicago, Illinois, June 25-27, 1997
"State Unfair Practices Acts and other Business Torts," Pricing and Marketing Arrangements for Distribution and Franchising: Legal Issues and Problem Solving Under the Antitrust Laws, co-sponsored by the American Bar Association Antitrust Law Section and the Corporate Counsel Center of Northwestern University School of Law, May 1995
Panel Member, "Hospitals at the Crossroads," Pennsylvania Association of Hospital Auxiliaries, May, 1995
"Antitrust Risks Arising Out of Negotiation With Third Party Payers," Dauphin County Medical Society, November, 1993