LAWYER
John P. McClam
Associate | Philadelphia
John P. McClam

John McClam is a litigator who represents clients in antitrust, competition, and commercial litigation matters. Mr. McClam has a track record of developing creative arguments and strategies through all stages of litigation, from motions to dismiss through class certification through trial. Mr. McClam also counsels clients on antitrust compliance and represents clients in investigations by the FTC, DOJ, and state attorneys general.

From 2021 through 2024, Mr. McClam has been recognized in Best Lawyers as being among the “Ones To Watch” for Antitrust Law in Pennsylvania. Additionally, Who's Who Legal recognizes him as a "Competition Future Leader." 

Mr. McClam maintains an active pro bono practice with a focus on civil rights cases. In 2021, he served as first-chair trial counsel in a three-day jury trial in the Eastern District of Pennsylvania. In 2023, he successfully briefed and argued an appeal before the Third Circuit overturning a jury verdict and obtaining a new trial for his clients.

  • In re Caustic Soda Antitrust Litigation (W.D.N.Y.). Defending a large chemical manufacturer in class action cases brought by direct and indirect purchasers claiming it participated in a price-fixing and supply reduction conspiracy in the caustic soda market.  Defeated direct purchasers’ motion for class certification; indirect purchasers’ motion currently pending.
  • In re Opana ER Antitrust Litigation (N.D. Ill.). Represented a brand pharmaceutical company in its defense of class actions based on an alleged “reverse payment” patent litigation settlement. Secured complete defense verdict after four-week trial in federal court in Chicago.
  • UNest Holdings, Inc. v. Ascensus (D.R.I.). Defending financial services company against exclusionary conduct claims brought by an app-developer.
  • FTC v. Endo Pharmaceuticals (D.D.C., D.C. Cir.). Represented a brand pharmaceutical company in novel action brought by Federal Trade Commission challenging a patent licensing agreement. Secured dismissal of all claims with prejudice, affirmed on appeal.
  • Confidential Pre-Litigation Counseling – Obtained favorable resolution for innovative technology platform company in its dispute over competing technology company’s exclusionary practices.
  • Value Drug Co. v. Takeda Pharmaceuticals, U.S.A., Inc. (E.D. Pa.). Represented a generic pharmaceutical company in defense of alleged horizontal conspiracy claims arising out of resolution of patent infringement litigations.
  • In re Southeast Milk Antitrust Litigation (E.D. Tenn.).  Represented a national milk processor as trial counsel against claims of price-fixing by a large supermarket chain and a convenience store owner, resulting in a favorable settlement.
Services
    • Tulane University, B.A., Political Economy, 2010, cum laude
    • University of Pennsylvania Law School, J.D., 2015, magna cum laude, Order of the Coif
    • Pennsylvania
    • United States Court of Appeals for the Third Circuit
    • United States District Court for the Eastern District of Pennsylvania
    • United States District Court for the Eastern District of Michigan
    • English
    • Spanish