Overview
Jake Kramer is a lead trial lawyer who serves clients in all phases of antitrust litigation, including in cases involving monopolization, tying, vertical distribution restrictions, patent misuse, price discrimination, price fixing, monopsony and group boycotts.
In addition, Jake has worked on a wide variety of business litigation matters involving post-merger disputes, commercial contracts, advertising and consumer protection issues (including inquiries from government agencies), regulatory challenges under the Administrative Procedure Act, qui tam whistleblower claims, fraudulent transfer and alter ego claims, and other areas. In one such matter, he helped a homebuilding client obtain a rare preliminary injunction for specific performance of a contract to sell land.
Jake strives to obtain efficient and favorable outcomes in all cases, including by working hard to distill and simplify complex legal issues for clients, courts and regulators.
Jake also provides thoughtful and pragmatic counseling to help clients evaluate risk and navigate antitrust issues arising from distribution networks, “right to repair” laws, patent licensing and enforcement, sham litigation, and myriad other business transactions and situations.
Jake has particular insight into challenges facing companies that adopt a “razors and razor blades” business model, which can result in disputes with distributors or independent service organizations that offer competing aftermarket goods and services. He advises clients on issues relating to aftermarkets, including forward-thinking and proactive strategies for securing aftermarket revenues, minimizing antitrust risk, and avoiding litigation. If litigation is unavoidable, he has vast experience trying cases and otherwise defending clients’ business interests.
Reflecting his deep commitment to delivering superior client service, Jake has been honored as a “Client Service All-Star” by BTI Consulting Group, a recognition available only to a select group of attorneys nominated by their clients.
Personal Interests
In his free time, Jake can be found cheering on his children from the sidelines, reading crime fiction, listening to music, enjoying a movie, or venturing outdoors in search of rare birds and fresh air.
Credentials
Bar Admissions
District of Columbia
Maryland
Court Admissions
U.S. Supreme Court
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the District of Columbia
U.S. District Court for the District of Maryland
Education
George Washington University Law School
J.D. with high honors, Order of the Coif (2004)
Cornell University
B.S. (2001)
Insights & Events
Latest
Insights
News
Other Perspectives
- To Sell, License or Neither?: A Review of Lexmark v. Impression Products
Co-author, Thompson Reuters Westlaw Journal, October 2017 - Enforcing Post-Sale Restrictions After Lexmark: Contracts and Antitrust Issues
IP Watchdog, June 13, 2017 - Justices Mulling ‘Conditional Sale’ Doctrine
San Francisco & Los Angeles Daily Journal, May 23, 2017 - Competition Challenges in Aftermarkets
Co-author, Lexis PSL Competition, November 2016 - The Fight for Aftermarkets: IP and Antitrust Issues
Co-author, Corporate Counsel, August 10, 2015 - Competition/Antitrust Challenges in Technology Aftermarkets
Co-author, EU & Competition Law, March 5, 2015
Leadership & Community
Pro Bono
Professional Associations
- American Bar Association — Antitrust Law Section
Honors
- BTI Consulting Group — Client Service All-Star, 2023
- Super Lawyers — Washington, D.C., “Rising Star,” Antitrust Litigation (2014-19)
- Order of the Coif