Marcel Pratt
Marcel Pratt

Marcel S. Pratt

Associate

prattm@ballardspahr.com
Tel 215.864.8287
Fax 215.864.8999
Philadelphia

Marcel S. Pratt practices complex commercial litigation with a focus on antitrust, products liability, and consumer class actions. Mr. Pratt also advises private and public companies on antitrust issues with mergers and acquisitions, including obtaining pre-merger clearance under the Hart-Scott-Rodino Act.

Representative Matters

  • Represents a healthcare data and analytics company in antitrust litigation brought against a competitor involving allegations of unlawful monopolization through bundling, exclusive agreements, monopoly leveraging, and predatory hiring
  • Represents a pharmaceutical manufacturer in antitrust litigation involving allegations of monopolization related to the filing and settlement of Hatch-Waxman patent-infringement litigation 
  • Represents a global science company in multidistrict products liability litigation involving a chemical herbicide
  • Defends a pharmaceutical manufacturer against allegations of secondary-line price discrimination under the Robinson-Patman Act
  • Represents a brand-name pharmaceutical manufacturer in Lanham Act litigation brought against a competing generic manufacturer for alleged false advertising of a generic drug
  • Brought a suit on behalf of a residential real estate developer against several suppliers of allegedly defective housing components
  • Defended a pharmaceutical manufacturer against allegations of monopolization based on citizen petitions filed with the U.S. Food and Drug Administration 
  • Represented several banks in multidistrict class action litigation involving allegations that the electronic posting methodology for debit card transactions was unlawful

Mr. Pratt is a member of the firm's Hiring Committee and Diversity Council. He is also actively involved in managing the firm’s Summer Associate Program.

Before joining Ballard Spahr, Mr. Pratt was an extern attorney for the Civil Rights Unit of the City of Philadelphia Law Department. Mr. Pratt represented the City and its officials in federal civil rights litigation and state law tort claims. He won multiple defense verdicts in state court arbitrations, successfully argued motions in federal and state court, and provided legal counsel to municipal departments on civil rights issues. He also served as a judicial intern for the Honorable Clifford Scott Green and the Honorable Petrese B. Tucker, both of the U.S. District Court for the Eastern District of Pennsylvania.

Pro Bono Experience

Mr. Pratt is a member of Ballard Spahr's U Visa Practice Group, which helps immigrants who are victims of crime petition for immigration relief and apply for U Visas. He also has participated in the Philadelphia Pro Bono Landlord Tenant Courts.

Professional Activities

American Bar Association

Philadelphia Bar Association, Business Law Section Executive Committee

National Bar Association, Deputy Regional Director for Region III (PA, NJ, DE)

Barristers Association of Philadelphia, Executive Board

Pennsylvania Bar Association, past member, House of Delegates

Ballard Spahr's Hiring Committee and Diversity Council

Recognition & Accomplishments

Recipient, Ballard Spahr 2012 Pro Bono Award

Named to First Judicial District of Pennsylvania Pro Bono Honor Roll

Publications

Co-author, "Court Endorses FTC Authority To Require Special Reporting for Pharmaceutical Licenses," Ballard Spahr alert, June 4, 2014

Co-author, "HSR Act Allows Pharmaceutical Licensing Transactions To Be Subject to Unique Reporting Requirements, FTC Tells Court," Ballard Spahr alert, March 13, 2014

Co-author, "'The Past Is Never Dead': FTC Requires Divestiture of Acquisition Five Years After Deal Closed," Ballard Spahr alert, December 26, 2013

Co-author, "FTC Issues Premerger Notification Review Changes for Pharmaceutical Patent License Transfers," Ballard Spahr alert, November 7, 2013

Co-author, "Cy Pres Permitted in Class Action Settlements but Makes Approval More Difficult, Third Circuit Holds," Ballard Spahr alert, February 21, 2013

Co-author, "Price-Cost Test Does Not Apply in Exclusive Dealing Cases Where Pricing Is Not the Exclusionary Tool, Third Circuit Holds, While Circumscribing Prior Holding in LePage's," Ballard Spahr alert, October 3, 2012

Speaking Engagements

Panelist, "The New Antitrust Paradigm: Increased Enforcement and Opportunity," DELVACCA Health Biotech & Pharma CLE Institute, King of Prussia, Pa., June 5, 2014

"Hot Topics in Health Care: Navigating the Pitfalls and Minimizing the Risks of Consolidation and Coordination," Ballard Spahr CLE program, March 19, 2014

"Antitrust Briefing – A Look at Current Litigation and Enforcement Trends," Ballard Spahr CLE program, July 18, 2012

Community Activities

Constitution High School, Mock Trial and Moot Court Coach

Board Memberships

EducationWorks, Inc., Board of Trustees

Temple University James E. Beasley School of Law (J.D. 2009)
Staff Member, Temple Law Review; Recipient, John F. Street Scholarship and Lena L. Hale Prize; Assignments Editor, Temple Prima Facie newspaper; Chairman, Academic & Professional Development Committee, Black Law Students Association; Student-counselor for first-year law students

University of Pennsylvania (B.A. 2006)

New Jersey

Pennsylvania

U.S. District Court for the Eastern District of Pennsylvania