Elizabeth A. N. Haas

Partner

A high-stakes litigator who handles some of the largest multidistrict antitrust cases across the country, Elizabeth A. N. Haas is known for her ability to get results. She leads nimble teams with efficiency and watchful attention. She gains clients’ trust by gaining a full understanding of their business objectives and informing practical legal strategies tailored to their specific needs. Clients describe Elizabeth as “the bar I would measure everyone against” and someone “I trust” because she “really understands the business.”

National chair of Foley & Lardner’s Antitrust & Competition Practice Group, Elizabeth counsels clients who are leaders in their respective industries. She primarily works with companies in the manufacturing, life sciences, pharmaceuticals, automotive, sports, health care, and technology sectors. Her focused experience includes investigations, compliance, and litigation; defense of clients in purported price fixing; and market allocation class actions. Her list of such representations is extensive, including several high-profile antitrust cases, with some involving damages claims in excess of US$1 billion.

Elizabeth works closely with general counsel, c-suite executives, and legal teams in major companies across the United States. She also collaborates with cross-border local counsel to handle global antitrust compliance matters. Corporate clients turn to Elizabeth for business litigation and arbitration representation, especially involving high-stakes commercial and financial disputes.

In parallel to her antitrust litigation practice, Elizabeth advises clients on business matters related to antitrust and competition. She provides vital guidance relating to product pricing, the Robinson-Patman Act, joint ventures, collaborations with competitors, commercial agreements, participation in trade associations and industry organizations, advertising and marketing, intellectual property, supply chain relationships, e-commerce, product distribution, labor and employment, and general compliance.

Elizabeth is a member of the firm’s national recruiting committee and the hiring partner and co-chair for the Milwaukee office recruiting committee. She has been recognized not only for her strengths as a lawyer, but for her willingness to tackle difficult cases, volunteer in community, and advance the role of women in the legal profession.

Representative Experience

  • Defense of clients in antitrust multidistrict class action litigation matters involving allegations of price fixing and market allocation.
  • Defense of non-cartel antitrust disputes (e.g., monopolization, price discrimination) and other challenges to distribution and sales policies.
  • Defense of clients in FTC and DOJ conduct and merger-related investigations.
  • Counsel client on joint venture formation, strategic alliances, distribution and pricing policies, and supply chain issues.
  • Defense of medical instrument manufacturer in patent licensing claim.
  • Defense of business disputes (e.g., breach of contract, tortious interference with contract, indemnification, etc.) in litigation and in arbitration.

Awards and Recognition

  • The Best Lawyers in America© — Franchise Law (2023-2024); Commercial Litigation (2024)
  • Wisconsin Law Journal — “Women in the Law” (2017)
  • Wisconsin Super Lawyers — Rising Stars® (2012-2016)
  • Wisconsin Law Journal — “Up and Coming Lawyer” (2011)

Affiliations

  • American Bar Association — Antitrust Law Section
    • Committee Operations — Co-chair
    • Civil Practice and Procedure Committee — Former chair and vice-chair
  • Seventh Circuit Bar Association
  • Association for Women Lawyers
  • Milwaukee Bar Association
    • Board of Directors — Former member
    • Civil Litigation Section — Former co-chair
  • United States District Court for the Eastern District of Wisconsin
    • Local Rules Committee member

Community Involvement

  • Milwaukee Justice Center at the Milwaukee County Courthouse – ongoing pro bono representation
  • Wills for Heroes — pro bono counsel
  • Wisconsin Breast Cancer Showhouse — Past board member
  • Women’s Fund of Greater Milwaukee — Past board member

Presentations and Publications

Elizabeth regularly makes significant contributions to the antitrust and litigation field through her publications and speaking engagements. The following represent a sampling of her work:

  • Co-author, “JetBlue-American Ruling Offers Fresh Angle On Antitrust Risk,” Law360 (June 1, 2023)
  • Quoted, “Companies Brace for FTC’s Use of ‘Zombie’ Law in Antitrust Enforcement,” ALM Law.com (May 8, 2023)
  • Author and Speaker, “Top Antitrust Issues for Consumer Product Manufacture and Distribution,” Consumer Product Video Series (May 2023)
  • Co-author, “The Ghost of Robinson-Patman Rises at the FTC,” Manufacturing Industry Advisor (April 17, 2023)
  • Co-author, “Antitrust: Heightening Expansion, Review, and Enforcement,” Manufacturing Industry Advisor (March 29, 2023)
  • Co-author, “DOJ Withdraws Policy Statements That Defined Limited Safe Harbor for Information Sharing Among Competitors,” Foley Insights (February 6, 2023)
  • Co-author, “Hart-Scott-Rodino Reporting Thresholds and Filing Fee Structure to Change Significantly,” Foley Insights (January 26, 2023)
  • Co-author, “The Impact of Competition Laws on the Distribution of Sporting Goods,” Magazine (January 19, 2023)
  • Co-author, “New State Antirust Enforcement Venue Act Gives State Attorneys General Venue Preference in Antitrust Litigation,” Foley Insights (January 19, 2023)
  • Co-author, “FTC Proposes Sweeping Federal Ban on Employee Noncompetes,” Foley Insights (January 6, 2023)
  • Co-author, “FTC Releases New Policy Statement on ‘Unfair Methods of Competition’ Enforcement under Section 5 of the FTC Act,” Legal News: Antitrust (November 17, 2022)
  • Co-author, “Procurement Collusion Strike Force Acts Broadly and Often in 2022,” Legal News: Antitrust (October 20, 2022)
  • Co-author, “District Court Dismisses Franchise No-Poach Case, Applies Antitrust Rule of Reason,” Legal News: Distribution & Franchise (August 18, 2022)
  • Co-author, “Threats of Antitrust Enforcement in the Supply Chain,” Supply Chain Disruption Series, (August 4, 2022)
  • Co-author, “One Year of Action Since President Biden’s Executive Order on Competition,” Foley Insights (July 27, 2022)
  • Co-author, “Antitrust Division Announces Update to Its Leniency Program and Revamps Answers to Frequently Asked Questions,” Foley Insights (April 5, 2022)
  • Co-author, “Federal District Court in Wisconsin Tosses Price Discrimination Lawsuit Over Legality of Exclusive Car Showrooms Under the Robinson-Patman Act,” Manufacturing Industry Advisor, (March 9, 2022)
  • Co-author, “Antitrust Scrutiny of Supply Chain Issues Continues,” Manufacturing Industry Advisor, (February 18, 2022)
  • Co-author, “FTC to Investigation Supply Chain Interruptions,” Manufacturing Industry Advisor, (November 30, 2021)
  • Co-author, “Legal Implications of Blockchain in Supply Chain Series: What’s Law Got to Do With It?” Blockchain in Supply Chain Blog (October 7, 2021)
  • Co-author, “A Divided FTC Approves Omnibus Resolutions to Step Up Enforcement Actions and Votes to Withdraw the 2020 Vertical Merger Guidelines,” Foley Insights (September 24, 2021)
  • Co-author, “President Biden’s Executive Order on Competition Could Mean Broad Changes Across a Range of Industries,” Manufacturing Industry Advisor Blog (July 14, 2021)
  • Presenter, ABA Antitrust Law Section, Spring Meeting – Antitrust Fundamentals (2021; 2020); Avoiding E-Discovery Accidents (2017)
  • Presenter, Antitrust Counseling for Trade Associations (December 2020)
  • Co-author, “Three Ways Antitrust Enforcement Has Changed Under Coronavirus, and One Way it Has Not,” Foley Insights (March 26, 2020)
  • Co-author, “DOJ Antitrust Division Announces New Policy to Incentivize Corporate Compliance,” Foley Insights (September 5, 2019)
  • Co-author, “Business Litigation & Dispute Resolution in Wisconsin – Business Torts Chapter,” Pinnacle Books (2018 and 2020)
  • Presenter,  “Just How Far Can a Franchisor Go? Ensuring System-Wide Compliance with Price Promotions,” International Forum on Franchising Legal Symposium (May 2019)
  • Co-author, “Antitrust Scrutiny of No-Poaching Agreements Continues to Pick Up Steam,” Foley Insights (September 24, 2018)
  • Co-author, “A Primer: Wisconsin’s New Class Action Statute,” Wisconsin Law Journal Volume 91, Number 4 (April 2018)
  • Co-author, “Department of Justice Brings the First Employment-Related Antitrust Case Since the October 2016 Guidance Statement,” Foley Insights (April 12, 2018)
  • Co-author, “Supreme Court Leegin Decision Offers Little Clarity 10 Years Later,” Bloomberg BNA (August 10, 2017)
  • Author, “Individualized Proof of Harm” Required in Robinson-Patman Secondary-Line Claim Prevents Class Certification,” Foley Insights (May 1, 2017)
  • Editor in Chief & Project Chair, “Indirect Purchaser Litigation Handbook,” ABA Publications (2015)
  • Presenter, “Taking Action to Buck Trends in Antitrust Litigation,” Wisconsin Association for Corporate Counsel Annual Conference (May 2017)
  • Presenter, Annual Law of Product Distribution & Franchise Seminars (various antitrust topics)
05 February 2024 Article

Hart-Scott-Rodino Reporting Threshold Increases by $8.1 Million

On February 5, 2024, the Federal Trade Commission (FTC) published a Notice in the Federal Register announcing the latest annual adjustments to the reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976.
03 January 2024 Manufacturing Industry Advisor

What Every Multinational Company Needs to Know About...Implementing an International Compliance Program (Part III)

We have received a request from several multinational clients to provide a list of the compliance policies that make sense for every multinational company to have in place. So as a follow-up to our earlier two posts, we thought we would add Part III, covering the core compliance policies that we most commonly see at most multinational companies.
20 December 2023 Article

DOJ and FTC Release Significantly Expanded Merger Guidelines

On December 18, 2023, the U.S. Department of Justice Antitrust Division and Federal Trade Commission released a significant revision and expansion to the federal Merger Guidelines, the document that lays out the framework for how the Agencies will analyze mergers for potential antitrust concerns.
12 October 2023 Events

Top Trends to Watch in Pharmaceutical Litigation

As the Health Care & Life Sciences sector continues to evolve, organizations across the country should be mindful of recent trends in pharmaceutical litigation.
01 September 2023 Manufacturing Industry Advisor

Seventh Circuit Revives Franchise No-Poach Case, Holds Per Se Treatment Possible

A recent opinion by the U.S. Court of Appeals for the Seventh Circuit reinstates allegations against McDonald’s that no-poach provisions in the company’s franchise agreements violate the antitrust laws, holding that such provisions may be per se illegal.
21 August 2023 Legal News: Antitrust

FTC Blocks Interlocking Directorate and Makes Good on Its Commitment to Pursue Purported “Unfair Methods of Competition” as Standalone Violations

For the first time in 40 years, the Federal Trade Commission (FTC) has taken action to enforce Section 8 of the Clayton Act, which prohibits so-called interlocking directorates.