Thomas J. Collin

Practices

• Antitrust, Competition & Distribution
• Emerging Technologies
• Intellectual Property

Professional Experience

Tom heads the firm's Antitrust, Competition & Distribution practice. He focuses on antitrust, dealer termination and unfair competition litigation, including price-fixing class actions, and advising on substantive antitrust and distribution matters, including compliance with the Foreign Corrupt Practices Act in international distribution networks.

Tom has tried or handled business cases in federal and state courts throughout the United States. He is a member of the Ohio State Bar and is admitted to practice before the United States Supreme Court, the United States Courts of Appeals for the Sixth, Seventh, Eighth, Tenth and Eleventh Circuits and the United States District Courts for the Northern and Southern Districts of Ohio. He has represented clients under investigation by the United States Department of Justice or charged with violations of antitrust laws by the Department of Justice or Federal Trade Commission.

Prior to joining the firm, Tom served as a law clerk to Judge Myron H. Bright, United States Court of Appeals for the Eighth Circuit, from 1974 to 1975.

Education

• Georgetown University Law Center, J.D., 1974
• Harvard University, A.M., 1972
• University of Minnesota, B.A., 1970, Phi Beta Kappa

• Antitrust Cases
• Representing manufacturer of flooring compounds for commercial construction applications in defending against counterclaims alleging secondary-line price discrimination under Section 2(a) of the Robinson-Patman Act, Dayton Superior Corp. v. Marjam Supply Co., No. 2:07-cv-05215-DRH-MLO (E.D.N.Y.); Dayton Superior Corp. v. Spa Steel Products, Inc., No. 1:08-cv-01312-FJS-RFT (N.D.N.Y.).
• Representing manufacturer of electronic key duplication equipment in action alleging monopolization and attempted monopolization of key duplication equipment in Big Box retail stores, Hy-Ko Products Co. v. The Hillman Group, Inc. et al., No. 5:10-cv-00992-DDD (N.D. Ohio).
• Representing hydrogen peroxide manufacturer in indirect purchaser class action alleging price-fixing in violation of Ohio's antitrust law, the Valentine Act, Immerman v. Atofina Chemicals, Inc., No. 1:05-CV-0093 (N.D. Ohio).
• Representing defendants in indirect purchaser class action alleging price-fixing in the retail gasoline market in violation of Ohio's antitrust statute, the Valentine Act, Ratner v. Texaco Inc., No. CV-05-555062 (Court of Common Pleas, Cuyahoga Cty., Ohio).
• Representing manufacturer of high-pressure laminates in class action alleging price-fixing by manufacturers, In re High Pressure Laminates Antitrust Litigation, No. 00-MD-1368 (CLB) (S.D.N.Y.), and in related indirect purchaser actions in 11 states and the District of Columbia.
• Representing manufacturer of PVC modifiers in class action alleging price-fixing conspiracy in violation of Ohio's antitrust law, the Valentine Act, Heritage Plastics, Inc. v Rohm and Haas Co., No. 03-CV-113 (Court of Common Pleas, Belmont Cty., Ohio).
• Representing manufacturer of magnetic iron oxide in class action alleging price-fixing by manufacturers, eMag Solutions LLC v. Toda Kogyo Corp., No. C-02-1611 (N.D. Cal.), and in related indirect purchaser actions in state courts in California, Massachusetts, Michigan and Kansas.
• Representing medical research foundation in class action alleging conspiracy in violation of federal and Ohio antitrust laws to shift health care costs of smoking to multi-employer health and welfare trust funds, Iron Workers Local Union No. 17 Insurance Fund v. Philip Morris, Inc., 29 F.Supp.2d 801 (N.D. Ohio 1998) (summary judgment granted).
• Representing medical research foundation alleged to have conspired in violation of Ohio's antitrust statute, the Valentine Act, to eliminate development and marketing of safer cigarettes and preclude competition among cigarette manufacturers on the basis of safety claims, State of Ohio v Philip Morris, Inc., No.97CVH05-5114 (Court of Common Pleas, Franklin Cty., Ohio).
• Representing automobile dealers charged by Federal Trade Commission with unlawfully agreeing to refrain from price advertising in violation of § 5(a) of the FTC Act, In the matter of Cleveland Oldsmobile Connection, 113 F.T.C. 1 (1990).
• Representing manufacturer of food products in action alleging price discrimination under the Robinson-Patman Act, Herold Salads, Inc. v. Kraft, Inc., No. C87-269 (N.D. Ohio).
• Representing food equipment manufacturer in action alleging refusal to deal in violation of § 1 of the Sherman Act, Westman Commission Co. v. Hobart Corp., 796 F.2d 1216 (10th Cir. 1986), cert. denied, 486 U.S.1005 (1987).
• Representing manufacturer of educational art supplies in class action alleging price-fixing in the educational art supply market, In re Art Materials Antitrust Litigation, MDL No. 436 (N.D. Ohio).
• Representing manufacturer of educational art supplies in prosecution charging price-fixing in the educational art supply market, United States v. Binney & Smith, Inc., No. CR 80-49 (N.D. Ohio).
• Representing food equipment manufacturer in action alleging violation of § 2 of the Sherman Act from refusal to deal, Interstate Repair Service, Inc. v. Hobart Corp., No. 78-3268 (E.D. La.)
• Representing ready-mix cement supplier in prosecution charging price-fixing in the market for ready-mix cement in Northeast Ohio, United States v. White Ready-Mix Concrete, Inc., No. CR 77-228 (N.D. Ohio).
• Representing real estate developer in action challenging commercial zoning under the Sherman Act, Mason City Center Associates v. City of Mason City, 671 F.2d 1146 (8th Cir. 1982).
• Representing food equipment manufacturer in action challenging standard-setting activities under §§ 1 and 2 of the Sherman Act, Eliason Corp. v. National Sanitation Foundation, 614 F.2d 126 (6th Cir.), cert. denied, 449 U.S. 826 (1980).
• Dealer Termination Cases
• Representing manufacturer of high pressure laminates in defending against claims of price discrimination and other violations of Massachusetts General Laws ch. 93A in connection with termination of a distributor, Prime Plywood & Panel, Inc. v. Formica Corp., No. 09-cv-30212 (D. Mass.).
• Representing manufacturer of material handling equipment in action alleging wrongful termination of dealership under Tennessee and Mississippi law, Mitsubishi Caterpillar Forklift America Inc. v. CTK, Inc., No. CT-006370-00-7 (Cir. Ct. for 30th Judicial Dist., Memphis, Tenn.)
• Representing manufacturer of material handling equipment in action by dealer for alleged violation of New Jersey Franchise Practices Act, Maintainco, Inc. v. Mitsubishi Caterpillar Forklift America Inc., No. C-300-00 (Superior Ct., Chancery Div., Bergen Cty., N.J.)
• Representing manufacturer of high-pressure laminates in action alleging wrongful termination of distributorship under Wisconsin Fair Dealership Law, Insulation and Supply Co. v. Formica Corp., No. 00-CV151 (Cir. Ct., Manitowoc Cty., Wisc.)
• Representing material handling equipment dealer in action by competing dealer alleging tortious interference in dealer's relationship with supplier, DuPage Forklift Service, Inc. v. Material Handling Services, Inc., 744 N.E.2d 845 (Ill. 2001).
• Representing manufacturer of computer circuit boards in action alleging wrongful termination of distributorship under California law, EIS, Inc. v. Isola Laminate Systems Corp., No. SACV 00-630 (C.D. Cal.)
• Representing food equipment manufacturer in action alleging wrongful termination of sales agency under Florida law, Professional Food Equipment, Ltd. v. Hobart Corp., 1999 U.S. Dist. LEXIS 15468 (M.D. Fla. 1999).
• Representing manufacturer of material handling equipment in action alleging wrongful termination of dealership under Maine law, Mitsubishi Caterpillar Forklift America Inc. v. Superior Service Associates, 81 F.Supp.2d 101 (D. Me. 1999).
• Representing manufacturer of material handling equipment in action by terminated dealer alleging violation of Illinois Franchise Disclosure Act, To-Am Equipment Co. v. Mitsubishi Caterpillar Forklift America Inc., 152 F.3d 658 (7th Cir. 1998).
• Representing food equipment manufacturer in action alleging wrongful termination of sales agency under Texas law, B.R. Combs, Inc. v. Hobart Corp., No. 4366-D (Dist. Ct., Taylor Cty., Tex.)
• Representing manufacturer of material handling equipment in action for termination of dealership in alleged violation of Illinois Franchise Disclosure Act, DuPage Fork Lift Service, Inc. v. Machinery Distribution, Inc., 1995 U.S. Dist. LEXIS 3290 (N.D. Ill. 1995).
• Representing manufacturer of material handling equipment in action alleging wrongful termination of dealership under Pennsylvania law, Beckwith Machinery Co. v. Mitsubishi Caterpillar Forklift America Inc.,  No. 93-71 (W.D. Pa.)
• Representing boat manufacturer in action for termination of dealership in alleged violation of ch. 93A of Massachusetts General Laws, Atlantic Sport Boat Sales, Inc. v. Cigarette Racing Team, Inc., 695 F.Supp. 58 (D. Mass. 1988).
• Representing food equipment manufacturer in action alleging refusal to sell replacement parts to terminated dealer, F.L. Walz, Inc. v. Hobart Corp., 510 N.E.2d 1248 (Ill. App. Ct. 1987), 586 N.E.2d 1311 (Ill. App. Ct. 1992) (appeal following remand).
• Representing petroleum products supplier in action alleging wrongful termination of dealership under the Petroleum Marketing Practices Act, Steigerwald v. Mobil Oil Corp., No. C83-2303 (N.D. Ohio).
• Other Business Cases
• Representing manufacturer of metal forgings for heavy-duty truck axles in action alleging misappropriation by competitor of trade secrets about manufacturing processes, King-Indiana Forge, Inc. v Millennium Forge, Inc., No. 1:07-cv-0341-JDT-WTL (S.D. Ind.)
• Representing manufacturer of hardware and plumbing supplies in action by competitor alleging misappropriation of internal financial and accounting information, RPM, Inc. v. Oatey Company, No. 3282-M, 2005 WL 663057 (Ohio Ct. App. 2005).
• Representing cardiothoracic surgeon in action against hospital and provider group for fraud, wrongful discharge in violation of public policy expressed in medicare fraud and abuse regulations and other claims, McDonnell v. Cardiothoracic & Vascular Surgical Associates, Inc., No. C2-03-0079, 2004 WL 3733404 (S.D. Ohio Aug 3, 2004), aff'd, 165 F. App'x 423 (6th Cir. 2006).
• Representing manufacturer of magnetic resonant imaging equipment in action by competitor alleging misappropriation by former employee and new employer of information relating to product development plans and marketing, Marconi Medical Systems, Inc. v. Carlson, No. 00 CV 000828 (Court of Common Pleas, Lake Cty., Ohio).
• Representing property owner in action to enforce fraudulently procured purchase option, Fogg-Brecksville Development Co. v. Giere, No. 409020 (Court of Common Pleas, Cuyahoga Cty., Ohio).
• Representing medical research foundation in class action alleging fraud by cigarette manufacturers and affiliated companies in concealing addictive nature of nicotine, Chamberlain v. American Tobacco Co., 1999 U.S. Dist. LEXIS 22636 (N.D. Ohio).
• Representing manufacturer of heating and air conditioning control equipment in action against former employees and new employer for misappropriation of trade secrets and breach of noncompetition covenants, Honeywell Inc. v. Brewer-Garrett Co., 1998 U.S. App. LEXIS 6017 (6th Cir. 1998).
• Representing manufacturer of heat stabilizers for PVC compounds in action against former employee and new employer for misappropriation of product formulations and breach of noncompetition covenant, Ferro Corp. v. Baker, No. 297403 (Court of Common Pleas, Cuyahoga Cty., Ohio).
• Representing manufacturer of furnace and air conditioning filters in enforcement action by Federal Trade Commission charging deceptive advertising about health benefits in violation of § 5(a) of FTC Act, In the matter of Filtration Manufacturing, Inc., 123 F.T.C. 23 (1997).
• Representing manufacturer of medical equipment in action by competitor for alleged misappropriation of internal financial and accounting information relating to the manufacture of stretchers, Hausted, Inc. v. Murray, No. 95 CIV 0036 (Court of Common Pleas, Medina Cty., Ohio).
• Representing manufacturer of heating and air conditioning control equipment in action against competitor for false representations about environmental control equipment for commercial buildings in violation of § 43(a) of the Lanham Act, Honeywell Inc. v. Control Solutions, Inc.,  33 U.S.P.Q. 2d 2017 (N.D. Ohio 1994).
• Representing manufacturer of food equipment in action against competitor for false representations about performance of commercial bakery equipment in violation of § 43(a) of the Lanham Act, Hobart Corp. v. Welbilt Corp., 1989 U.S. Dist. LEXIS 14447 (N.D. Ohio 1989).
• Representing paint manufacturer in action against competitor for misappropriation of latex paint formulations, Glidden Company v. Sherwin-Williams Co., No. C84-3836 (N.D. Ohio).
• Representing manufacturer of roll-forming equipment in action by competitor for alleged misappropriation of information about manufacturing processes, InterRoyal Corp. v. Sponseller, 889 F.2d 108 (6th Cir.), cert. denied, 494 U.S. 1091 (1989).
• Representing designer of hydrogen peroxide manufacturing plant in action by hydrogen peroxide manufacturer for alleged misappropriation of trade secrets relating to manufacturing processes, Interox S.A. v. Altuglu, No. CV 85-11-3637 (Court of Common Pleas, Summit Cty., Ohio).
• Representing restaurant franchisee in action by competitor alleging false advertising under § 43(a) of Lanham Act, Frisch's Restaurants, Inc. v. Elby's Big Boy, 670 F.2d 642 (6th Cir.), cert. denied, 459 U.S. 916 (1982).
• Advising on Antitrust, Distribution and Competition Matters
• Drafting and advising on the terms of dealership, distributorship and sales representative agreements for clients engaged in the manufacture or supply of computer circuit boards, industrial electric motors, welding equipment, outdoor power equipment, high-pressure laminates, material handling equipment, commercial food equipment, construction equipment and other capital goods.
• Advising manufacturing clients on termination or appointment of dealers and distributors under the laws of all 50 states, Puerto Rico, Canada, other nations and the European Union.
• Advising manufacturing clients on international distribution issues, including compliance with the Foreign Corrupt Practices Act and foreign laws prohibiting bribery and corruption in connection with the sale of goods.
• Advising manufacturing clients on the legality of product distribution restraints under state and federal antitrust laws and European Union competition law.
• Advising a national association of farm equipment manufacturers on recourse against exclusionary distribution practices of a major equipment manufacturer.
• Advising manufacturing clients on the legality of product pricing and discounting under state and federal price discrimination laws.
• Advising clients on the enforceability of noncompetition covenants in employment, franchising, distribution and asset purchase agreements and drafting and advising on the terms of noncompetition covenants.
• Advising clients on advertising substantiation and compliance with laws prohibiting deceptive trade practices.

• Editor, Antitrust Handbook for Franchise and Distribution Practitioners, American Bar Association, 2008
• Editor, Antitrust Law and Economics of Product Distribution, American Bar Association, 2006
• Contributing Author, Proof of Conspiracy Under Federal Antitrust Laws, American Bar Association, 2010
• Contributing author, Criminal Antitrust Litigation Manual, American Bar Association, 1983
• Ohio Business Competition Law, Lawyers Cooperative Publishing, 1994
• Editor, Punitive Damages and Business Torts: A Practitioner's Handbook, American Bar Association, 1998
• "Product Distribution and the Internet -- The Antitrust Issues," 17 Corporate Counsel's Quarterly 21 (with Marie A. Bris-Bois) 2001
• "State Franchise Laws and the Small Business Franchise Act of 1999: Barriers to Efficient Distribution", 55 Business Lawyer 1699, 2000
• Other articles on antitrust, distribution, business torts and unfair competition law in various publications, including "The Antitrust Review of the Americas" · Global Competition Review, 1999

• Moderator and speaker at numerous programs, seminars and institutes, including programs of the Antitrust Section and Forum on Franchising of the American Bar Association and the Conference Board's Council of Chief Legal Officers

• Fellow, American Bar Foundation (2007 - present)
• Selected for inclusion in Super Lawyers by Ohio Super Lawyer magazine for antitrust litigation since 2006
• Listed in Who's Who in America, Who's Who in American Law and Who's Who in the Midwest
• Listed in Chambers USA (2007-2011) as a leading franchising lawyer nationally and as a leading Ohio lawyer in antitrust litigation.

• French
• German