Kathryn Mims
Kathryn handles complex antitrust litigation—class actions, government enforcement, and merger challenges—and counsels clients through FTC, DOJ, and state attorney general investigations.
She helps pharmaceutical, healthcare, technology, energy, financial services, and consumer products clients navigate high-stakes antitrust matters, including class action defense, government enforcement actions and investigations, merger enforcement challenges, and the entire range of antitrust counseling, including on distribution pricing issues under the Robinson-Patman Act.  

Described by a client as "commercial, practical, and solution-oriented...truly a client's lawyer," Kathryn's work has delivered landmark results, including the first-ever full evidentiary record victory for a defendant in pharmaceutical "product hopping" litigation and guiding clients through multi-billion dollar merger challenges.

Kathryn is a frequent author on a wide range of antitrust and competition issues and has been quoted in publications such as the Financial Times and Law360.

Experience

Representative matters

Relevant A&O/Shearman & Sterling and previous firm experience includes advising:
  • Hikma Pharmaceuticals against "reverse payment" allegations relating to Jazz Pharmaceuticals' landmark drug, Xyrem.
  • The National Association of REALTORS® coordinating defense of multiple antitrust litigations across the country.
  • Avangrid in action challenging competitor’s tactics to delay major electricity project.
  • Gerber in class action stemming from a Congressional report on presence of heavy metals in baby food.
  • Avast on U.S. antitrust merger clearance for its USD9.2bn merger with Norton LifeLock.
  • AbbVie against “reverse payment” allegations relating to drug Loestrin.
  • Nestlé USA in action against hardware manufacturer to recover damages for anationwide cookie dough recall.
  • Grupo Verzatec against antitrust challenges to a proposed merger.
  • Pfizer in litigation challenging a competitor’s efforts to deter biosimilar competition to Remicade.
  • Anthem against the U.S. Department of Justice's lawsuit to block its USD54.2bn acquisition of Cigna Corporation, the largest merger ever in the health insurance industry at the time.
  • Boehringer Ingelheim against anticompetitive "reverse payment" allegations related to Aggrenox®.
  • Clients on distribution pricing issues under the Robinson-Patman Act.
  • Allergan/Warner Chilcott against claims challenging the transition to new versions of its Doryx® acne treatment.
  • Former employee of a leading commodities broker in an alleged USD600mn fraud involving the valuation of natural gas options positions by a major Canadian bank.
  • Pilot Travel Centers, Pilot Flying J, the largest US diesel retailer, in more than 20 putative class actions nationwide.

Published Work

  • Mims, Kathryn, Co-author (2024) "Emerging Insights on Antitrust Issues in Labor Markets: Growing International Enforcer Concern for Worker Welfare," Concurrences
  • Mims, Kathryn, Co-author (2023) "Non-Competes: If You Can't Use Them There, Can You Use Them Anywhere? What New York's Potential Non-Compete Ban Adds to the Labor and Antitrust Conversation," Competition Policy International
  • Mims, Kathryn, Co-author (2021) "How Defense Production Act May Affect Vaccine Supply Chain," Law360
  • Mims, Kathryn, Co-author (2020) "The New Transatlantic Attack on High Prices: Price Gouging," Competition Policy International
  • Mims, Kathryn, Co-author (2020) "Competitor collaboration: From combatting COVID-19 to the climate crisis," Westlaw

Speaking Engagements

  • Reimagining Globalization: The Rise of National Antitrust, Tokyo Back-to-Business Seminar, 2022
  • Competition in the Media Space, University of Southern California Global Competition Law Thought Leadership Conference, 2022
  • U.S. Antitrust Policy 2021: The evolution revolution continues, Tokyo Back-to-Business Seminar, 2021
  • GCR Interactive: Women in Antitrust Conference, Global Competition Review, 2020

Recognition

Professional, competent, efficient, knowledgeable, and personal…more noteworthy is that she is commercial, practical, and solution-oriented. She is truly a client's lawyer.
Legal 500, 2024

Awards

  • "Next Generation Partner" for Antitrust Civil Litigations/Class Actions: Defense, Legal 500, 2021–2025
  • DC Rising Stars Winner, The National Law Journal, 2024
  • Lawdragon Leading Litigator, 2022–2026
  • Shortlisted, Rising Star in Litigation, Women in Business Law Awards, 2021, 2024
  • Shortlisted, Antitrust Lawyer of the Year, Women in Business Law Awards, 2023-2024, 2026
  • Runner-Up Litigator of the Week, The AmLaw Litigation Daily, October 2022

Qualifications

Admissions

Admitted to the State of Virginia

Admitted to the District of Columbia

Admitted to the State of New York

Courts

US Court of Appeals for the Second Circuit

US Court of Appeals for the Third Circuit

US Court of Appeals for the Fifth Circuit

US Court of Appeals for the Ninth Circuit

US District Court for the District of Columbia

US District Court for the Southern District of New York

US District Court for the Eastern District of Virginia

US District Court for the Western District of Virginia

Academic

JD, University of Virginia School of Law, 2010

BA, Tufts University, 2006

Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.