Sean P. McConnell is vice-chair of Duane Morris' Antitrust and Competition Group and a member of the Trial Practice Group. Mr. McConnell represents U.S. and international clients on the full range of antitrust matters across a wide variety of industries. He has counseled clients in their most high-stakes and sophisticated matters, including complex class actions, criminal and civil government investigations, and the antitrust aspects of mergers, acquisitions and joint ventures. His representations span numerous industry sectors, with a focus on pharmaceutical, medical device, transportation, food and beverage, and retail. Mr. McConnell has also advised clients in the securities and complex commercial litigation areas. Mr. McConnell is a Partner in the Commercial, Securities and Antitrust Litigation section of the firm’s Trial Practice Group. Mr. McConnell also maintains an active pro bono practice with a focus on prisoner civil rights cases.
Mr. McConnell is a 2009 graduate of Villanova University School of Law, where he was a member of the Villanova Law Review, and he is a 2005 graduate of the University of Notre Dame with a degree in Finance.
Areas of Practice
Antitrust and Competition
Complex Commercial Litigation
- Mergers and Acquisitions
Representative Matters
Defending leading generic pharmaceutical supplier in multidistrict litigation involving price-fixing and other federal and state anticompetitive claims.
Serving as lead antirust counsel to a vertically integrated cannabis enterprise in its acquisition of three separate manufacturers, cultivators, and distributors of cannabis.
Counseling provider of water, waste, and energy management services with antitrust aspects related to joint venture with competing firm.
Representing leisure travel services provider with antitrust aspects related to multiple business combinations.
Serving as lead antitrust counsel to e-commerce platform in $138 million sale.
Representing ventilation products provider with antitrust aspects of business combination.
Defending prosthetic device supplier against antitrust claims brought by the FTC related to consummated transaction.
- Counseling producer of chemical compounds with antitrust aspects of business combination.
- Defended a leading provider of travel commerce marketplace services against claims of monopolization and horizontal and vertical conspiracies in federal district court, resulting in a settlement the client found favorable.
- Assisted a major U.S. airline complete a successful merger in the face of an intense DOJ and Congressional review of the transaction as well as through litigation in federal court.
- Represented an office supply retailing company through an eight-month investigation by the FTC and the Attorneys General of several states, obtaining unconditional clearance of a merger.
- Assisted a global technology filtration company craft a challenge to an FTC antitrust divestiture order in a U.S. court of appeals.
- Counseled a supermarket operator through a negotiated consent decree with the FTC relating to a proposed transaction.
- Defended an integrated media company against a lawsuit brought by the DOJ in federal district court challenging a proposed transaction.
- Represented truck and equipment dealers in a series of class action cases involving claims of bid rigging and price-fixing of automotive component parts.
- Represented physicians in a case involving claims arising from an alleged tying agreement.
- Counseled a hedge fund through a lengthy investigation by the SEC and helped the client achieve a satisfactory settlement.
- Represented a biotech firm against trade secret misappropriation claims by a pharmaceutical company.
- Defended leading software company against allegations by California Office of the State Controller concerning the failed implementation of software.
- Represented former shareholders of self-storage facilities company in a dispute over the terms and conditions of an operating agreement.
- Defended leading retail danceware provider against claims arising from a contractual dispute.
- Represented aviation services company in a dispute over the terms and conditions of a lease agreement.
- Defended a transportation services company against claims relating to the failed implementation of software.
- Represented former shareholders of laboratory services company in a dispute over the terms and conditions of a purchase agreement and escrow agreement.
- Defended leading financial services company and won dismissal of claims involving a dispute over a deposit agreement.
Antitrust and Competition
Complex Commercial Litigation
Admissions
- Pennsylvania
- New Jersey
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Eleventh Circuit
Education
- Villanova University Charles Widger School of Law, J.D., 2009
- Editor and Staff Writer, Villanova Law Review - University of Notre Dame, B.B.A., 2005
Experience
Duane Morris LLP
- Partner, 2019-present
- Associate, 2015-2018- Dechert LLP
- Associate, 2010-2015 - Homeless Advocacy Project
- Attorney, 2009-2010
Honors and Awards
Listed in Pennsylvania Super Lawyers Rising Stars, 2015-2021
Recognized as part of 2014 Antitrust Team of the Year by Chambers USA
Civic and Charitable Activities
Malvern Preparatory School Alumni Board, Executive Committee
University of Notre Dame Sorin Society
- Notre Dame Club of Philadelphia
Selected Publications
- Co-author, "DOJ's Push for More Aggressive Antitrust Enforcement Suffers Trial Setbacks," Duane Morris Alert, April 21, 2022
- Co-author, "How Plans For Criminal Antitrust Enforcement Are Advancing," Law360, April 4, 2022
- Co-author, "DOJ Survives Challenges to Labor Market Prosecutions," Duane Morris Alert, February 16, 2022
- Co-author, "FTC Announces Increased Reporting Thresholds for the Hart-Scott-Rodino Antitrust Improvements Act," Duane Morris Alert, February 1, 2022
- Co-author, "FTC Rescinds Vertical Merger Guidelines," Duane Morris Alert, September 27, 2021
- Co-author, "1-800 Contacts Ruling Illustrates IP Hurdle For Antitrust Cases," Law360, July 8, 2021
- Co-author, "Expect Increasing Scrutiny of Wage-Fixing, No-Poach Deals," Law360, May 5, 2021
- Co-author, "SCOTUS Curbs FTC's Enthusiasm by Limiting Relief Available Under Section 13(b) of the FTC Act," Duane Morris Alert, April 27, 2021
- Co-author, "Outgrowing Its Local Roots? Fourth Circuit Tests the Boundaries of Local Government Immunity for Major Healthcare Providers," Duane Morris Alert, April 1, 2021
- Co-author, "Fourth Circuit Upholds First-Ever Antitrust Relief in Private Challenge to Consummated Merger," Duane Morris Alert, March 3, 2021
- Co-author, "New Year, New Thresholds for Premerger Notifications Under Hart-Scott-Rodino Act," Duane Morris Alert, February 5, 2021
- Co-author, "Blue Cross Blue Shield Plans Agree to Structural Changes and Payment of $2.67 Billion in "Historic" Antitrust Settlement," Duane Morris Alert, December 17, 2020
- Co-author, "U.S. Department of Justice Updates Merger Remedies Manual," Duane Morris Alert, September 21, 2020
- Co-author, "Ninth Circuit Rejects Challenge to Pay-for-Delay Law on Standing Grounds," Duane Morris Alert, July 30, 2020
- Co-author, "Department of Justice and Federal Trade Commission Issue Vertical Merger Guidelines," Duane Morris Alert, July 8, 2020
- Co-author, "FTC and DOJ Warn Against Anticompetitive Conduct That Harms Workers During COVID-19 Crisis," Duane Morris Alert, April 16, 2020
- Co-author, "Federal and State Enforcers Will Scrutinize Pricing Behavior During COVID-19 Pandemic," Duane Morris Alert, April 7, 2020
- Co-author, "Expect Delays in Merger Reviews by FTC and DOJ During COVID-19 Restrictions," Duane Morris Alert, March 26, 2020
- Co-author, "U.S. Antitrust Agencies Announce Expedited Procedures and Guidance for COVID-19 Public Health Efforts," Duane Morris Alert, March 25, 2020
- Co-author, "FTC Announces Increased Reporting Thresholds for the Hart-Scott-Rodino Antitrust Improvements Act," Duane Morris Alert, January 29, 2020
- Co-author, "Department of Justice and Federal Trade Commission Release Draft Vertical Merger Guidelines for Public Comment," Duane Morris Alert, January 14, 2020
Co-author, "Supreme Court Holds App Store Buyers Are Direct Purchasers Under Long-Standing Antitrust Doctrine," Duane Morris Alert, May 15, 2019
Co-author, "Third Circuit Curtails FTC's Authority to Seek Injunctions and Restitution in Federal Court," Duane Morris Alert, March 1, 2019
Co-author, "FTC Announces Increased Reporting Thresholds and Increased Civil Penalties for the Hart-Scott-Rodino Antitrust Improvements Act," Duane Morris Alert, March 1, 2019
Co-author, "U.S. District Court Further Reinforces Use of Per Se Standard in Criminal Antitrust Cases," Duane Morris Alert, February 26, 2019
Selected Speaking Engagements
- Speaker, "Best Practices for Preventing and Defending Against Antitrust Claims," Greater Philadelphia Association of Corporate Counsel, August 6, 2019