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 present)
    Copyright 2013 by Woodward/White, Inc., Aiken, SC
    • Washington, D.C.: Antitrust Law
  • BTI Client Service All-Star (2010)

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
Connecticut’s Attorney General Wants to Know in Advance if You Are Going to Join Forces with a Healthcare Provider
April 24, 2014
Back in early 2013, Connecticut’s Attorney General (“AG”) formed a “Health Care Competition Working Group” within his office to examine the potential impact of horizontal mergers (e.g., hospital to hospital) and vertical provider...
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Antitrust Advocate
So, You Want to Share Your Technical Cyber Threat Information with Your Neighbors?
April 21, 2014
Echoing guidance previously given to a nonprofit organization looking to exchange certain cybersecurity information, including exchanging actual real-time cyber threat and attack information, and others planning to exchange information...
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Antitrust Advocate
Sometimes Merger Fixes Are as Close as the End of Your Nose
April 15, 2014
When it comes to negotiating merger remedies with federal antitrust enforcement agencies, the Department of Justice and the Federal Trade Commission each have guides or statements that may help.  But as good as their guidance may be...
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Antitrust Advocate
How Direct Is Direct? Judge Posner Clarifies the Extraterritorial Scope of the Antitrust Laws via the “Direct” Effects Test under the FTAIA
By Erik J. Raven-Hansen
April 8, 2014
A recent decision from Judge Posner in the Seventh Circuit, Motorola Mobility LLC v. AU Optronics, offers the latest insight into the extraterritorial reach of the Sherman Act.  In dismissing Motorola’s price-fixing claims of more than...
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Antitrust Advocate
Please Join BakerHostetler
March 10, 2014
Please join BakerHostetler for cocktails and hors d’oeuvres as we celebrate the arrival of the cherry blossoms in our nation’s capital. Thursday, March 27, 2014 | 6:00 – 8:00 p.m. EDT 1331 Bar & Lounge Located on the Pennsylvania Avenue...
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