Cody D. Rockey

Antitrust litigation. Cody represents companies from a broad range of industries in litigation involving claims of anticompetitive conduct such as price fixing, bid rigging, exclusive dealing, tying, and monopolization. Representative matters include:

• Defense of automotive suppliers against price fixing and bid rigging claims following the global investigation into alleged anticompetitive practices in the automotive industry (class actions and opt-out litigation)
• Defense of a broiler producer against claims of coordinated output suppression (class actions and opt-out litigation) 
• Defense of a manufacturer against vertical boycott and monopolization claims brought by a competitor
• Defense of a pharmacy benefits manager against antitrust claims brought by a pharmacy terminated from the PBM's network (arbitration)
• Defense of state bar against antitrust claims related to attorney licensing
• Defense of a health insurer against exclusive dealing, tying, and price discrimination claims brought by a health care provider
• Defense of a private equity firm against claims of bid rigging and market allocation in certain going-private transactions (class action)
• Defense of a containerboard manufacturer against claims of coordinated output suppression (class action)

Business combinations and merger investigations. Cody advises clients on the antitrust risk associated with mergers, acquisitions, and joint ventures. He also assists clients in complying with pre-closing notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act. Cody also has experience representing clients in pre- and post-consummation investigations by the Federal Trade Commission and the Antitrust Division of the Department of Justice, including responding to second requests and civil investigatory demands. Representative matters include:

• Representation of buyers and sellers in filing HSR notification, including private equity funds in the acquisition of and sale of portfolio companies, closely held corporations in sales to private equity funds, a multinational conglomerate in its cash tender offer to acquire an international manufacturing company, a hospital in its sale to a nonprofit health system, a distributor in the creation of a joint venture, and insurers in various acquisitions
• Representation of buyer in responding to second request issued by the FTC
• Representation of sellers in the FTC's post-consummation investigation of a merger in the automotive safety industry
• Representation of third-parties in FTC investigations of and challenges to proposed mergers

Criminal antitrust investigations. Cody has experience assisting clients with internal investigations, responding to grand jury subpoenas, and representing clients before the Antitrust Division of the Department of Justice in the course of criminal antitrust investigations.

Commercial litigation. Cody represents companies in a variety of commercial disputes. Representative matters include:

• Defense of a Fortune 100 company in LMRA/ERISA litigation over the termination of retiree medical benefits.
• Defense of an employer against claims made by a former employee under the Michigan Sales Representative Commission Act
• Defense of a distributor against claims of tortious interference associated with the acquisition of a product line previously carried by a competitor
• Representation of a logistics company in litigation following the departure of executives to a competitor, including claims of breach of fiduciary duty and theft of trade secrets

Discovery. Cody works closely with Dykema’s Discovery Management and E-Discovery Group to help clients develop and implement cost-effective strategies to collect, review, and produce documents as part of civil discovery, in response to civil investigatory demands and grand jury subpoenas, and for internal investigations.