Marc M. Seltzer

Over the years, Susman Godfrey LLP partner Marc M. Seltzer has been at the forefront of many significant antitrust cases, including representing plaintiffs against the participants in international price-fixing cartels involving automobile components, and home sellers in litigation challenging real estate broker commission practices, as well as other complex litigation matters involving claims of securities fraud, breaches of fiduciary duty in connection with corporate takeovers, the claimed unlawful sale of crypto investments and other complex legal issues.

His work in the In Re: Libor-Based Financial Instruments Antitrust Litigation is particularly noteworthy.

As a senior member of the trial team, where his firm serves as co-lead counsel for the only certified class of plaintiffs, Seltzer has played a significant role in recovering $781 million for the class he represents, in the ongoing litigation stemming from the LIBOR-rate fixing scandal.

“The LIBOR antitrust litigation is significant to antitrust law and resulted in several major decisions by the Supreme Court, the Second Circuit and the Southern District of New York,” he said. “Important questions addressed by the courts in this very complex litigation include how basic principles governing the prohibition against price-fixing apply to the setting of benchmark prices, the application of the United States antitrust laws to conduct taking place in part overseas that injured Americans, hotly contested issues regarding class certification and the rules applicable to multidistrict litigation.”

A current major case under Seltzer’s lead is the National Football League’s “Sunday Ticket” Antitrust Litigation. He was appointed co-lead counsel for millions of DirecTV subscribers, alleging that DirecTV’s exclusive NFL Sunday Ticket package agreement violates federal antitrust laws. His successful advocacy led to the Ninth Circuit Court of Appeals reversing the district court’s dismissal of the case in 2019 and the U.S. Supreme Court decision to decline to review the 9th Circuit’s decision in 2020. Class certification was granted in February 2023, with the trial scheduled for February 2024.

When asked about trends in the field, Seltzer said, “One of the most significant trends to follow will be how challenges to the consumer welfare model of antitrust analysis will fare in the coming years.”

Seltzer’s dedication extends beyond the courtroom. He has committed much of his 50-year legal career to enhancing the legal system and ensuring access to justice for the underprivileged. He has held leadership roles in various civic and legal organizations, including serving as the President of the Legal Aid Foundation of Los Angeles and the Ninth Judicial Circuit Historical Society. He is also a member of the board of directors of the Lawyers Committee for Civil Rights Under Law, among other civic activities.