Lee H. Simowitz

Partner

Washington, D.C.
T 202.861.1608  |  F 202.861.1783
Lee Simowitz focuses his practice on antitrust, trade regulation, and consumer protection law and has particular experience in matters involving the Sherman Act, the Robinson-Patman Act, the Clayton Act, the Federal Trade Commission Act, the Hart-Scott-Rodino Act, the Newspaper Preservation Act, the Consumer Product Safety Act, and the Lanham Act. Lee is a contributor to BakerHostetler’s Antitrust Advocate blog, providing informative commentary on the latest developments in the antitrust litigation sector. Lee practices extensively before appellate courts, including the United States Supreme Court, the federal courts of appeal and state appellate courts. He successfully represented a minority broadcaster before the Supreme Court when the Court upheld a Federal Communications Commission affirmative action program against constitutional attack [Metro Broadcasting, Inc. v. FCC, 497 U.S. 547 (1990)].

Select Experience

  • Extensive experience in antitrust litigation, including representing clients before the Federal Trade Commission (FTC), the Antitrust Division of the Justice Department, and state antitrust enforcement agencies, as well as in private treble-damage litigation.
  • Litigated antitrust cases in such industries as consumer electronics, agriculture, professional and amateur sports, auto parts, higher education, real estate, newspapers and newspaper features, soft drinks, airlines and transportation, surface mining, auto glass, and paper and packaging.
  • In the area of healthcare, litigated matters involving hospital staff privileges, hospital mergers, pharmacy and other provider networks, and integration by hospitals into home healthcare services and equipment.
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Experience

  • Extensive experience in antitrust litigation, including representing clients before the Federal Trade Commission (FTC), the Antitrust Division of the Justice Department, and state antitrust enforcement agencies, as well as in private treble-damage litigation.
  • Litigated antitrust cases in such industries as consumer electronics, agriculture, professional and amateur sports, auto parts, higher education, real estate, newspapers and newspaper features, soft drinks, airlines and transportation, surface mining, auto glass, and paper and packaging.
  • In the area of healthcare, litigated matters involving hospital staff privileges, hospital mergers, pharmacy and other provider networks, and integration by hospitals into home healthcare services and equipment.
  • Represents clients in merger and acquisition matters before the FTC and the Justice Department, including the required filings under the Hart-Scott-Rodino Act.
  • Represented clients in both criminal and civil matters arising out of alleged conspiracies affecting electronics products, including liquid crystal display, and cathode ray display panels.
  • Represents clients in advertising and other consumer protection matters before the Federal Trade Commission and in private disputes under the Lanham Act.
  • Represented clients in investigations and litigation involving allegedly false or unsubstantiated advertising under Section 5 of the Federal Trade Commission Act and credit matters under the Truth in Lending Act and the Fair Credit Billing Act.
  • Represents clients before the U.S. Consumer Product Safety Commission under the Consumer Product Safety Act and the other statutes administered by the CPSC, involving industries, such as power tools, consumer communications equipment, and kitchen appliances.

Recognitions

  • The Best Lawyers in America© (2012 to 2015)
    • Washington, D.C.: Antitrust Law
  • BTI Client Service All-Star (2010)
  • Martindale-Hubbell: AV Preeminent
  • Washington, D.C. "Super Lawyer" (2013 to 2015)

Memberships

  • W. Fugate, Foreign Commerce and the Antitrust Laws (Little Brown 5th ed. 1996): Contributor

Services

Industries

Prior Positions

 

  • Federal Trade Commission, Bureau of Consumer Protection (1973 to 1977)
    • Staff Lawyer
    • Assistant to the Director
    • Advisor to the Chairman
  • Antitrust Law Developments (3d ed. 1992), ABA Antitrust Section: Editorial Board

Admissions

  • U.S. Court of Appeals, District of Columbia Circuit, 1980
  • U.S. Court of Appeals, Third Circuit, 1983
  • U.S. Supreme Court, 1984
  • U.S. Court of Appeals, Fourth Circuit, 1985
  • U.S. Court of Appeals, Second Circuit, 1998
  • U.S. Court of Appeals, Sixth Circuit, 2008
  • District of Columbia, 1973

Education

  • J.D., Yale Law School, 1972
  • B.A., Harvard College, 1968

Blog

In The Blogs

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Antitrust Advocate
Join BakerHostetler’s Carl Hittinger for Webinar Presentation on Antitrust Risks for Trade Associations and Members
May 22, 2015
BakerHostetler antitrust partner Carl Hittinger will be a panelist on an upcoming live webinar, “Antitrust Risks for Trade Associations and Members: Ensuring Compliance Amid Intense Federal Scrutiny,” scheduled for Wednesday, June 3...
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Antitrust Advocate
‘Actavis’ Still Raising More Questions Than It Answers
May 21, 2015
Nearly two years after the U.S. Supreme Court’s decision in Federal Trade Commission v. Actavis, 133 S. Ct. 2223 (2013), “reverse payment” settlements in patent litigation between brand-name drug manufacturers and potential generic...
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Antitrust Advocate
Fit to Be Tied: Appeals Court Redefines Tying Arrangements Based on Bundled Pricing
May 15, 2015
Corporate antitrust compliance programs often spotlight the dangers of tying arrangements. Those risks arise when a seller with a dominant position in one product coerces its customers by offering that must-have product only if customers...
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Antitrust Advocate
Apple’s Streaming Music Service Under Investigation
May 7, 2015
It has been a busy several months for antitrust regulators and the tech giants whose alleged conduct has recently drawn their ire. Just a few weeks ago, Google formally became the subject of a European investigation into its alleged...
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Antitrust Advocate
EU Tells Google to Try Harder
April 16, 2015
It’s official: on Wednesday, in a formal Statement of Objections, the European Union’s antitrust chief formally accused Google of abusing its dominant position in the web search arena. The European Commission is focused on Google’s alleged...
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