Stephen Bomse, Senior Counsel in Orrick’s San Francisco office, is a member of the firm’s Antitrust and Competition Group.
He is widely regarded as one of the nation’s leading antitrust lawyers, having tried cases throughout the United States involving multibillion-dollar claims while also maintaining a significant appellate practice, including his successful representation of Weyerhaeuser Company in a major Section 2 case before the U.S. Supreme Court. Steve also represents clients from around the world in other types of complex commercial litigation, both at the trial and appellate level.
In recent years, Steve has focused his practice to a significant extent on cartel cases, including in particular companies, such as Sony, located in various countries in Asia. He has been involved in most of the major recent international cartel cases involving electronic products, such as DRAM, SRAM and LCD representing companies from Japan, Taiwan and China.
While the primary focus of Steve's practice has been, and remains antitrust, he also has had an active trial and appellate practice outside the competition area. In addition to several cases in the U.S. Supreme Court, he has argued appeals in seven separate federal circuits and has tried cases in a number of different federal districts.
Legendary antitrust practitioner Larry Popofsky recently passed away. His longtime colleague and close friend, Steve Bomse, published a personal remembrance and tribute to Larry and his epic and transformative victory in the GTE Sylvania case in Competition Law360. A link to the article appears here.
On September 20, 2016, the U.S. Court of Appeals for the Second Circuit issued an opinion in In re Vitamin C Antitrust Litigation, reversing the district court’s eight year-old decision not to grant a motion to dismiss the case, based on international comity. The Second Circuit vacated the $147 million judgment against the two defendants that took the case to trial in 2013, and remanded with instructions to dismiss the complaint with prejudice. The court did not opine on the defendants’ other grounds for dismissal – the foreign sovereign compulsion, act of state, and political question doctrines. In re Vitamin C Antitrust Litig., No. 13-4791 (2d Cir. Sept. 20, 2016).
In 2005, the plaintiffs brought several class action complaints against the major Chinese vitamin C manufacturers, alleging that the manufacturers illegally fixed the price and output levels of vitamin C that they exported to the United States. The cases, which were consolidated in the Eastern District of New York, marked the first time that Chinese companies had been sued in a U.S. court for violation of the Sherman Act.