Kendall Millard

Partner
  • 11 South Meridian Street
    Indianapolis, IN 46204-3535
    P:317-231-7461
    F:317-231-7433

Kendall Millard is a partner in the Indianapolis office of Barnes & Thornburg LLP, where he serves as co-chair of the Antitrust and Competition Law Practice Group and is a member of the Litigation and Intellectual Property Departments. His practice focuses on antitrust, class actions and other large, complex commercial litigation. Mr. Millard’s practice has included representing and advising Fortune 100 companies and trade groups in criminal antitrust investigations and large commercial disputes involving antitrust and intellectual property, in federal court, state court and arbitration.

In the white collar arena, Mr. Millard has advised and defended corporate subjects in large national and international criminal antitrust investigations by the U.S. Department of Justice (USDOJ), the Canadian Competition Bureau (CCB), the Japan Fair Trade Commission (JFTC), the Korean Fair Trade Commission (KFTC), and the Competition Commission of Singapore (CCS). Mr. Millard has represented many American and Japanese companies in the USDOJ’s criminal antitrust investigations in the auto parts, electronic components and other industries.

In the civil litigation arena, Mr. Millard has litigated cases concerning allegations of price fixing, customer allocation, resale price maintenance and minimum advertised pricing (MAP) policies, exclusive contracts, tying, bundling, boycotts, monopolization, and attempted monopolization, brought under Sections One and Two of the Sherman Act, California’s Cartwright Act, New York’s Donnelly Act, and other state competition laws. Mr. Millard was appointed and from 2010 – 2015 served as co-liaison counsel for all defendants in the In re Polyurethane Foam Antitrust Litigation, multidistrict litigation (MDL) in the Northern District of Ohio.

On the corporate side, Mr. Millard represents and advises parties and third parties concerning potential antitrust issues with proposed mergers and acquisitions in Hart-Scott-Rodino (HSR) filings before the Federal Trade Commission (FTC) and USDOJ, including conducting market definition and competitive impact analyses and responding to Civil Investigative Demands (CIDs) and Subpoenas for documents and testimony.

Mr. Millard has represented clients on antitrust matters in a wide range of diverse industries with products including engines, shock absorbers, sealings, resistors and dozens of other component parts for automobiles, motorcycles and aircraft in the automotive, aerospace, cell phone and high-tech industries; hard and soft tissue dental lasers, hospital beds, therapy and moveable medical equipment, and anesthesiology services in the medical device and healthcare industries; wholesale distribution services in the pharmaceutical industry; racing tires and sanctioned racing events in the sports and racing industries; strollers, car seats, high chairs, and vacuum cleaners in the baby and durable consumer products industries; cigarettes, packaged ice, bakery, and other perishable food and retail products in the grocery and supermarket industry; gas station franchises and truck stops in the oil and gas industry; ready mix concrete, aggregates, polyurethane foam, exterior insulation finishing systems (EIFS), and fiberglass insulation in the construction and manufacturing industries; software licenses in the computer industry; and credit card issuance in the banking industry.

Mr. Millard taught the Antitrust Law course at the Indiana University Robert H. McKinney School of Law in Indianapolis, and regularly gives antitrust compliance presentations on antitrust topics to clients, trade associations and attorneys at continuing legal education events in the United States and Japan. Mr. Millard has also published articles and contributed to ABA publications on current antitrust developments. Mr. Millard is named among the top antitrust litigation attorneys by Super Lawyers.

Mr. Millard has also tried cases and won appeals for indigent pro bono clients seeking asylum in the United States to avoid persecution in their home country on account of the client’s political or religious beliefs or social group status. He received the Joseph A. Maley Pro Bono Award for this work in 2011 and the Indiana Bar Foundation Pro Bono Publico award in 2012.

Mr. Millard is an active member of the Rotary Club of Indianapolis, where he is chair of the World Community Service Committee and served on the Board of Directors; of Timmy Global Health board of directors, serving as General Counsel; of the Power of One board of directors; and of St. Luke’s United Methodist Church. He participated in the Stanley K. Lacy (SKL) Executive Leadership Series, and is a member of the Lacy Leadership Association.

Prior to joining Barnes & Thornburg LLP, Mr. Millard was an attorney at Arnold & Porter LLP in Washington, D.C., and at the Legal Aid Society of the District of Columbia. Prior to law school, Mr. Millard studied and taught for three years in Japan, learned Japanese, and taught English as a second language at IUPUI.

Mr. Millard received his B.A., summa cum laude, in history and philosophy from Morningside College in Sioux City, Iowa, and an M.A. in East Asian studies from the University of Minnesota. He received his J.D., magna cum laude, from Indiana University Maurer School of Law – Bloomington, where he served on the Indiana Law Journal, competed in the Jessup International Law Moot Court competition, and was a member of the Order of the Coif.

Mr. Millard is admitted to practice in Indiana; the District of Columbia; the U.S. District Court for the Northern and Southern Districts of Indiana; the U.S. District Court for the District of Columbia; the U.S. District Court for Northern District of Ohio; U.S. District Court for the Eastern District of Michigan; the 2nd, 3rd, 4th, 6th, 7th, and 11th Circuits Court of Appeals; and the U.S. Supreme Court. He is an active member of the American Bar Association Antitrust Section.