Find Lawyers

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. Mr. Simowitz is a contributor to BakerHostetler’s Antitrust Advocate blog, providing informative commentary on the latest developments in the antitrust litigation sector.

Mr. Simowitz has 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. Mr. Simowitz has 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, he has litigated matters involving hospital staff privileges, hospital mergers, pharmacy and other provider networks, and integration by hospitals into home healthcare services and equipment. In addition, he has wide experience in representing clients in merger and acquisition matters before the FTC and the Justice Department, including the required filings under the Hart-Scott-Rodino Act.

Mr. Simowitz has 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.

Mr. Simowitz also represents clients in advertising and other consumer protection matters before the Federal Trade Commission and in private disputes under the Lanham Act. He has 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.

Mr. Simowitz often 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.

Mr. Simowitz 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)]. He has successfully briefed and/or argued antitrust cases before a number of federal courts of appeal, including:

• In the United States Court of Appeals for the Sixth Circuit, involving the effect of bankruptcy discharge on claims of a continuing price-fixing conspiracy among major airlines [In re: Travel Agent Antitrust Litig., 583 F.3d 896 (6th Cir. 2009)]
• In the United States Court of Appeals for the First Circuit, involving antitrust claims against major newspapers in Puerto Rico by a commercial printer [Ramallo Bros. Printing v. El Día, Inc., 490 F.3d 86 (1st Cir. 2007)]
• In the United States Court of Appeals for the Fourth Circuit involving claims of price-fixing on travel agent commissions against major airlines [Hall v. Am. Airlines, Inc., 118 Fed. Appx. 680 (4th Cir. 2004)]
• In the United States Court of Appeals for the Second Circuit involving claims of price discrimination in aftermarket auto parts [Coalition for a Level Playing Field, L.L.C. v. Autozone, Inc., 82 Fed. Appx. 240 (2d Cir. 2003)]
• In the United States Court of Appeals for the Fifth Circuit involving insurance programs in the auto glass replacement industry [Stewart Glass & Mirror, Inc. v. U.S. Auto Glass Discount Ctrs., Inc., 200 F.3d 307 (5th Cir. 2000)]
• In the United States Court of Appeals for the District of Columbia Circuit involving physician hospital staff privileges [Ostrzenski v. Columbia Hosp. for Women Found., Inc., 158 F.3d 1289 (D.C. Cir. 1998)]
• In the United States Court of Appeals for the Fourth Circuit involving real estate advertising practices [Fran Welch Real Estate Sales, Inc. v. Seabrook Island Co., 809 F.2d 1030 (4th Cir. 1987)]
• In the United States Court of Appeals for the Third Circuit involving allegations of price discrimination in the packaging industry [Double H Plastics, Inc. v. Sonoco Prods. Co., 732 F.2d 351 (3d Cir.), cert. denied, 469 U.S. 900 (1984)]
• In the District of Columbia Court of Appeals involving alleged price-fixing in the soft drink industry [Shepherd Park Citizens Ass’n v. Gen. Cinema Beverages of Washington, D.C., Inc., 584 A.2d 20 (D.C. 1990)]
• In the United States Court of Appeals for the Fourth Circuit involving surface mining [Zachair Limited v. Driggs, 1998-1 Trade Cas. (CCH) ¶ 72,139 (4th Cir. 1998)].

Mr. Simowitz has been recognized as a 2010 BTI Client Service All-Star. BTI, a research and consulting firm, selects its awardees by conducting a yearly survey of more than 240 General Counsels at FORTUNE 1000 companies. In 2010, 165 attorneys from 112 firms were named BTI Client Service All-Stars.

Mr. Simowitz was on the staff of the Federal Trade Commission from 1973 through 1977, serving as a staff lawyer in the Bureau of Consumer Protection, as an assistant to the Director of the Bureau of Consumer Protection and as an attorney advisor to the Chairman.

Mr. Simowitz is a regular contributor to W. Fugate, Foreign Commerce and the Antitrust Laws (Little Brown 5th ed. 1996), including its annual supplements. He was a member of the editorial board for the ABA Antitrust Section’s standard reference work, Antitrust Law Developments (3d ed. 1992).