Eric Fanchiang is an associate in Crowell & Moring’s Orange County office and is a member of the firm’s Antitrust & Competition Group. His practice focuses primarily on antitrust litigation for both defendants and plaintiffs and on government investigations. He has experience across a broad range of industries, including technology, transportation, and digital media. Eric represents his clients on a wide range of antitrust issues including standard setting, trade association policies, misuse of patents and trade secrets, and price fixing.
While in law school, Eric was a staff editor and a lead notes editor of the UC Irvine Law Review and a research assistant to Professor Kenneth Simons, where he researched issues related to the drafting of the Restatement of the Law Third, Torts: Intentional Torts to Persons.
Eric is active in the local bar, serving as a director for the Orange County Asian American Bar Association and is a current member of the Governing Council of the University of California, Irvine School of Law Alumni Association. He was recently named a 2020 Distinguished Alumnus by the University of California, Irvine Alumni Association.
Affiliations
Admitted to practice: California
Memberships
- Director, Orange County Asian American Bar Association
- Member, Governing Council of the University of California, Irvine School of Law Alumni Association
Representative Matters
- Representing a major pharmaceuticals distributor as a defendant in a multi-district class action antitrust litigation alleging conspiracy to fix pharmaceutical drug prices by certain manufacturers.
- Representing a Class I railroad as a defendant in a multi-district antitrust litigation alleging conspiracy to fix fuel surcharge prices.
- Representing various third parties in antitrust investigations and litigations related to digital markets.
- Representing a major technology and telecommunications company in efforts to recover overcharges paid on price-fixed capacitors.
- Representing a transportation technology company as a plaintiff in litigation involving antitrust claims related to standard setting, misuse of patents and trade secrets, and exclusive dealing for emerging safety technology.
- Team member representing AT&T during the regulatory investigation, litigation, and appeal brought by the U.S. Department of Justice to block AT&T’s $85 billion acquisition of Time Warner.
Speeches & Presentations
Publications
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"Chapter 12: Antitrust and Intellectual Property Licensing, Wolters Kluwer Licensing Update 2022," PDF
(April 2022).
Authors: Lisa Kimmel and Eric Fanchiang.
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"Intellectual Property & Antitrust," Lexology Getting the Deal Through
(March 3, 2022).
Contributors: Lisa Kimmel and Eric Fanchiang.
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"2021 Licensing Update," Wolters Kluwer
(2021).
Co-authors of Chapter 13: Antitrust and Intellectual Property Licensing: Lisa Kimmel and Eric Fanchiang.
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"United States," Intellectual Property & Antitrust 2021, Lexology Getting the Deal Through
(2021).
Authors: Lisa Kimmel and Eric Fanchiang.
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"Chapter 13: Antitrust and Intellectual Property Licensing," Wolters Kluwer Licensing Update 2020
(April 2020).
Authors: Lisa Kimmel and Eric Fanchiang.
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"Digital Competition Reports and Merger Enforcement," CPI Antitrust Chronicle
(December 2019).
Authors: Alexis J. Gilman, Akhil Sheth, Angel Prado, and Eric Fanchiang.
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"California Declines to Extend Ban on Noncompetes Outside of Employment Context," Crowell & Moring's Trade Secrets Trends
(December 12, 2019).
Authors: Eric Fanchiang and Raija Horstman.
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"Intellectual Property & Antitrust," Getting the Deal Through
(December 2019).
Authors: Lisa Kimmel and Eric Fanchiang.
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"Are Agreements to Steal Trade Secrets an Antitrust Violation? Maybe, But Not Automatically," Crowell & Moring's Trade Secrets Trends
(July 12, 2019).
Authors: Eric Fanchiang and Raija Horstman.
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"Both Sides Explain Two Sides: Analyzing the Economic Trial Testimony in US Airways v. Sabre," ABA Antitrust Economics Committee Fall Newsletter, Volume 18, Number 2
(Fall 2017).
Authors: Robert McNary and Eric Fanchiang.
Client Alerts & Newsletters
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"FTC v. Facebook: Court Denies Facebook’s Motion to Dismiss, Allowing Discovery to Proceed in FTC’s Monopolization Case,"
Antitrust Law Alert
(January 18, 2022).
Contacts: Shira Liu, Eric Fanchiang, Jeane A. Thomas, CIPP/E, Andrew I. Gavil, Olivier N. Antoine
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"House Antitrust Digital Markets Report Proposes Vast Overhaul of Antitrust Law and Enforcement,"
Antitrust Law Alert
(October 9, 2020).
Contacts: Jeane A. Thomas, CIPP/E, Alexis J. Gilman, Juan A. Arteaga, Angel Prado, Eric Fanchiang
Press Coverage
Firm News & Announcements