Overview
Kenneth L. "Ken" Racowski is an antitrust attorney in Holland & Knight's Philadelphia office, co-head of the firm's Antitrust Team, and a member of the Litigation and Dispute Resolution Practice.
Mr. Racowski is a first-chair, antitrust trial lawyer, who is well regarded for his proven track record in the defense and trial of disputes throughout the United States. His recent trials have included a three-week trial in federal court of a competitor action alleging group boycott and information exchange claims, and an eight-week trial against Federal Trade Commission (FTC) allegations of anti-competitive conduct.
"Kenneth is excellent on his feet in front of a judge and jury. He is smart, has great instincts and works extremely hard."
– Chambers USA – America's Leading Lawyers for Business 2024 guide
Mr. Racowski represents clients in their most complex and hard fought antitrust, class action and commercial litigation matters. He serves as lead counsel in cutting-edge antitrust matters, and is a thought leader on recent trends and emerging issues impacting antitrust law. His recent matters include high-profile disputes related to artificial intelligence, algorithmic price fixing, pharmaceuticals, healthcare mergers and protein processing.
In addition, Mr. Racowski has developed significant experience in defending clients against the novel antitrust theory of liability alleging price fixing by algorithm. He has represented numerous clients across several industries in algorithmic price-fixing cases, has authored several articles and is often sought for comment by major publications.
As a trusted adviser to his clients, Mr. Racowski is regularly called upon to tackle companies' most critical legal challenges. In addition to litigation, he represents clients in response to government investigations by federal agencies and state attorneys general. Clients also seek Mr. Racowski's input on corporate compliance, internal investigations, media strategies, and negotiations with customers and suppliers.
"Kenneth is adept at boiling complex legal analyses down to plain language and pragmatic advice."
– Chambers USA – America's Leading Lawyers for Business 2024 guide
Representative Experience
- Lead trial counsel for a distributor of dental supplies and equipment in an eight-week trial against the Federal Trade Commission (FTC) on charges that client conspired with its two primary competitors to boycott so-called "buying groups" and invited another competitor to collude; won judgment on six of seven claims and resolved remaining count post-trial with no monetary penalty or independent monitor
- Lead trial counsel for a distributor of dental supplies and equipment in a three-week trial of a competitor action alleging group boycott and information exchange claims
- Lead trial counsel for distributor of dental supplies and equipment in competitor action alleging conspiracy to fix prices and boycott low-margin competitors
- Obtained dismissal for a multifamily real estate company in multidistrict antitrust litigation alleging algorithmic price fixing related to revenue management software
- Obtained dismissal for a student housing company in multidistrict antitrust litigation alleging algorithmic price fixing related to revenue management software
- Defended a multifamily real estate company in antitrust action by a state attorney general alleging algorithmic price fixing
- Obtained dismissal for a multifamily real estate company in federal and state court antitrust class actions alleging algorithmic price fixing related to revenue management software
- Representing multiple multifamily real estate companies in federal antitrust class action alleging algorithmic price fixing related to revenue management software
- Representing a manufactured home park operator in multidistrict antitrust litigation alleging illegal information exchange and price fixing
- Lead counsel for a protein processor in antitrust action alleging illegal horizontal boycott, monopolization and attempted monopolization
- Defended a national rail tour operator in competitor action alleging exclusive dealing, price fixing and bid/auction rigging; won motion to dismiss
- Defended a distributor of dental supplies and equipment in nationwide putative class action, alleging a conspiracy among the leading dental supply distributors to fix prices, boycott manufacturers and others, and to allocate customers and employees via no-poaching agreements
- Represented a Japanese manufacturer of clothing fasteners in multidistrict antitrust litigation action alleging a worldwide conspiracy among fasteners manufacturers to violate the antitrust laws by fixing prices and allocating customers and markets for fasteners
- Defended southeastern Pennsylvania's largest healthcare insurer against action alleging that it used anti-competitive tactics to amass and secure monopoly and monopsony power in the sale of health benefits and in the purchase of hospital services
- Defended a major pharmaceutical company against antitrust counterclaims brought in a patent infringement action pursuant to the Hatch-Waxman Act against filer of abbreviated new drug application (ANDA)
- Representing a generic pharmaceutical company alleging antitrust counterclaims resulting from objectively baseless patent infringement litigation and a sham lawsuit between sister companies to cut off generic supply of product
- Obtained dismissal for a trustee of residential mortgage-backed securitization (RMBS) trusts of putative class action involving disputed mortgage foreclosure fees and costs
- Defended an automobile manufacturer in putative class action asserting warranty, deceptive trade practices and other claims
- Represented a computer hardware manufacturer in putative class actions asserting warranty, deceptive trade practices and other claims, including successful defense of a claim involving floppy disk controllers with a demand of $2.4 billion and successful defense of claim involving laser printer cartridges
- Represented a major pharmaceutical company in third-party payer litigation brought by state attorneys general, pension funds and private insurers, including grant of motion to dismiss putative class action
- Represented a leading retailer of toys, clothing and baby products and obtained dismissal of putative class action relating to its return policy
- Defended a specialty pharmaceutical company in an action seeking a temporary restraining order (TRO), preliminary and permanent injunctive relief and more than $150 million in damages for breach of supply and license agreements involving a heavily regulated drug made from a U.S. Drug Enforcement Agency (DEA)-controlled substance and subject to manufacturing quota
- Represented a German transdermal pharmaceutical manufacturer against business fraud action alleging breach of product development and supply agreements, misappropriation of trade secrets and unfair competition
- Obtained an international arbitration award from International Centre for Dispute Resolution (ICDR) for an artificial turf company against a Canadian former business partner-turned-competitor following arbitration hearing
- Served as national coordinating counsel for litigation and regulatory issues concerning a major medical device manufacturer's excimer laser system for eye surgery
- Represented a Korean liquid crystal display (LCD) manufacturer in patent infringement action that resulted in $53.5 million jury verdict, including enhanced damages and grant of injunction
- Defended a privately held chemical instrumentation company against claim by a business competitor that challenged inventorship of patents for near-infrared (NIR) chemical imaging system
- Prosecuted international arbitration claim against a Japanese mobile device company that sought royalties for infringement of patents relating to image compression technology
- Represented a major pharmaceutical company in a qui tam action involving allegations of False Claims Act (FCA) violations
Credentials
- University of Pennsylvania Law School, J.D.
- Villanova University, B.A.
- Villanova University, B.A.H.
- New Jersey
- Pennsylvania
- U.S. Supreme Court
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
- U.S. District Court for the Western District of Pennsylvania
- U.S. District Court for the District of New Jersey
- Pennsylvanians for Modern Courts, Board of Directors, 2023
- University of Pennsylvania Law School, Alumni Board of Managers, 2013-Present
- Law360 Competition Editorial Advisory Board, 2021
- Public Interest Law Center of Philadelphia, Board of Directors, 2014-2020
- Philadelphia Bar Association, Business Litigation Committee
- American Bar Association (ABA), Litigation Section; Antitrust Law Section
- University of Pennsylvania Law School American Inn of Court, 2010-2016
- GCR 100, Global Competition Review, 2024, 2025
- Leading Litigators in America, Lawdragon 500, 2025
- Chambers USA – America's Leading Business Lawyers guide, Antitrust, 2021-2024
- The Legal Intelligencer, Lawyer on the Fast Track, Professional Excellence Awards, 2014
- Rising Star, Pennsylvania Super Lawyers magazine, 2013-2016