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PRACTICE AREAS

Michelle C. Clerkin

PARTNER

Michelle Clerkin is a Partner at Spiro Harrison & Nelson, where she leads the firm’s Antitrust & Unfair Trade Practices Group.

Michelle has extensive experience representing clients in antitrust matters involving price-fixing, unlawful monopolization, and other anticompetitive practices. Michelle has served on litigation teams in a variety of antitrust actions in federal courts across the country spanning the agricultural, automotive, financial, pharmaceutical, consumer product, and technology industries. She also has extensive class action experience. Michelle was appointed by federal courts to serve in leadership roles in large antitrust class actions, including Plaintiffs’ Steering Committees in In re Passenger Vehicle Replacement Tires Antitrust Litigation (N.D. Ohio), In re Chicago Board Options Exchange Volatility Index Manipulation Antitrust Litigation (N.D. Ill.) and In re Juul Labs, Inc. Antitrust Litigation (N.D. Cal.). Prior to joining Spiro Harrison & Nelson LLC, Michelle was a trial team member in an antitrust class action involving the pharmaceutical industry, which settled for $62.5 million on the eve of trial.

Michelle also advocates for individuals and entities in other complex disputes, including consumer protection and commercial litigation matters.

Michelle’s dedication to her practice is evident not only in her ardent advocacy, but also in her recognition by her peers. She was named to the Best Lawyers®️ Ones to Watch list (2022-2024) and Super Lawyers®️ New York Metro Rising Star list (2015-2024). Michelle was also selected to serve as a member of the Law360 Competition Editorial Advisory Board (2022).

Michelle currently serves as a Vice Chair of the American Bar Association's Antitrust Law Section Health Care and Pharmaceuticals Committee and is an Executive Committee member of the New York State Bar Association’s Antitrust Law Section. Through those organizations, she frequently moderates and speaks on panels concerning antitrust law developments. Michelle also participates in mentorship programs through which she serves as a mentor for junior attorneys and law students.

While completing her legal studies, Michelle interned for the Federal Trade Commission’s Northeast Regional Office, where she worked on antitrust investigations, and the U.S. Court of International Trade.

Michelle supports numerous charitable organizations and community related causes. Michelle serves as a career coach for Posse Miami, a foundation dedicated to empowering diverse groups of talented students and future leaders. Michelle also supports Miami Waterkeeper, an organization that advocates for clean water solutions in South Florida.

Representative Matters
  • In re Granulated Sugar Antitrust Litigation (D. Minnesota) – Representing consumer indirect purchasers of granulated sugar alleging a price-fixing conspiracy among large granulated sugar producers.
  • In re Fresh and Process Potatoes Antitrust Litigation (D. Idaho) – Represented fresh and processed potato purchasers in class action alleging that potato growers, distributors, and processor defendants conspired to restrict potato supplies to artificially inflate prices.
  • In re Processed Egg Products Antitrust Litigation (E.D. Pennsylvania) – Represented egg purchasers in class action alleging that egg producers and distributors conspired to restrict egg supplies.
  • In re Passenger Vehicle Replacement Tires Antitrust Litigation (N.D. Ohio) – Appointed to the Direct Purchaser Plaintiffs’ Steering Committee in antitrust class action on behalf of direct purchasers of replacement tires alleging a price-fixing conspiracy among large tire manufacturers.
  • In re Eyewear Antitrust Litigation (S.D. New York) – Representing eyewear purchasers in antitrust class action against eyewear conglomerate EssilorLuxottica S.A. and affiliated entities alleging that they unlawfully monopolized the eyewear market. Lead attorney on the matter for Spiro Harrison & Nelson, which is a member of the Direct Purchaser Plaintiffs’ Executive Committee.
  • In re Generic Pharmaceuticals Pricing Antitrust Litigation (E.D. Pennsylvania) – Representing end-payor plaintiffs, including union health and welfare funds, municipalities, and other self-insured entities, in multidistrict antitrust class action litigation alleging a sprawling market allocation and price-fixing conspiracy among some of the largest generic drug manufacturers, which caused significant artificial price increases for generic drugs.
  • Lambrix et al. v. Tesla, Inc. (N.D. California) – Representing Tesla owners in class action alleging that Tesla monopolized the aftermarket for repairs and service of Tesla vehicles.
  • In re Zetia (Ezetimibe) Antitrust Litigation (E.D. Virginia) – Represented end-payor plaintiffs in class action alleging that pharmaceutical manufacturers entered into an unlawful anticompetitive agreement to delay the launch of less expensive generic versions of cholesterol drug.
  • In re Loestrin 24 Fe Antitrust Litigation (D. Rhode Island) – Represented end-payor plaintiffs in class action alleging that pharmaceutical manufacturers engaged in an anticompetitive scheme to prevent and delay the launch of less expensive generic versions of oral contraceptive, including by entering into unlawful anticompetitive agreements and engaging in an anticompetitive product hop.
  • In re Keurig Green Mountain Single-Serve Coffee Antitrust Litigation (S.D. New York) – Represented direct purchasers of K-Cups alleging that Keurig unlawfully monopolized the market for portion packs compatible with Keurig brewers.
  • In re Polyurethane Foam Antitrust Litigation (N.D. Ohio) – Represented purchasers of polyurethane foam in antitrust class action alleging that defendants conspired to fix prices of polyurethane foam, which is a material incorporated into furniture and other products.
Education
  • Benjamin N. Cardozo School of Law – J.D.
    • – Cardozo Journal of International & Comparative Law, Submissions Editor
    • – Willem C. Vis International Commercial Arbitration Moot Competition
  • University of Michigan – B.A., Political Science
Memberships & Associations
  • American Bar Association, Antitrust Law Section
    • – Vice Chair Health Care and Pharmaceuticals Committee
  • New York State Bar Association, Antitrust Law Section
    • – Executive Committee, Member
Honors & Acknowledgements
  • Law360 Competition Editorial Advisory Board, 2022
  • Best Lawyers® Ones to Watch, 2022-2024
  • Super Lawyers® New York Metro Rising Star 2015-2023
Admissions
  • State Bars:
    • – New York
    • – New Jersey
    • – Florida
  • U.S. District Courts:
    • – Eastern District of New York
    • – Southern District of New York
    • – District of New Jersey
    • – Middle District of Florida
    • – Southern District of Florida