Jeff Herrera
Attorney, Public Entity Litigation
As an attorney in Nachawati Law Group’s Public Entity Litigation division, Jeff’s practice focuses on representing public entity clients in civil antitrust enforcement actions. Jeff brings to bear for his clients his prior experience as the head of antitrust enforcement for the New Mexico Department of Justice.
Biography
As a member of Nachawati Law Group’s newly formed antitrust practice within its Public Entity Litigation Division, Jeff focuses his practice on representing government entity clients in civil antitrust enforcement actions, including anticompetitive agreements and market allocation schemes, monopolization and unilateral conduct, unfair methods of competition, and merger review and litigation.
Prior to joining Nachawati Law Group, Jeff served as the Antitrust Bureau Chief in the Consumer Protection Division of the New Mexico Department of Justice (formerly the New Mexico Office of the Attorney General). During his time as an assistant attorney general, Jeff led the state’s efforts in enforcing state and federal antitrust laws. Among other matters, Jeff served as lead counsel for New Mexico in litigation alongside the Federal Trade Commission and eight other states against the proposed merger between The Kroger Co. and Albertsons Companies, Inc., the largest proposed grocery merger in history. He was also active in the National Association of Attorneys General Antitrust Task Force, where he served as the co-chair of the Legislation Committee. Prior to his work in the Consumer Protection Division, Jeff worked in the Government Litigation Division, representing state officers and agencies in high-profile constitutional, election law, and administrative law matters.
Services
Public Client Representation
Consumer Protection
Tech Litigation
Public Nuisance
Fraud Against Consumers
Pharmaceutical Litigation
Notable Litigations
Sed ut Perspiciatis unde Omnis Iste Sed ut Pers piciatis unde Omnis Iste
Kroger-Albertsons Merger Litigation
Jeff served as lead counsel for the State of New Mexico in an action brought by the Federal Trade Commission and attorneys general of eight states and the District of Columbia seeking to enjoin the proposed merger between supermarket chains Kroger and Albertsons. The litigation focused on the decrease in competition that would result in increased grocery prices and decreased wages and benefits for unionized grocery labor.
The litigation consisted of an expedited discovery process— comprising more than 100 depositions in two months, along with substantial expert discovery—and culminated in a three-week preliminary injunction hearing in the U.S. District Court in Portland, Oregon. The Court granted the preliminary injunction, after which the defendants abandoned the proposed merger.
Generic Drugs Multistate
While at the New Mexico Department of Justice, Jeff represented the State of New Mexico in three separate multistate actions against the manufacturers of generic drugs for complex market allocation schemes concerning a variety of generic pharmaceuticals. This years-long litigation focused on complex, horizontal conspiracies in restraint of trade among representatives of the defendant pharmaceutical manufacturers seeking to avoid competition, resulting in higher drug prices paid by the states and individual consumers.
Amazon Monopolization Litigation
Represented the State of New Mexico in an action brought by the Federal Trade Commission and a bipartisan coalition of state attorneys general against Amazon, Inc. The States and the FTC alleged that Amazon unlawfully maintained a monopoly in the online superstore market and the online marketplace services market, alleging that Amazon has injured both consumers and small businesses that sell on Amazon.