Lee H. Simowitz

Partner

Washington, D.C.
T +1.202.861.1608
F +1.202.861.1783

Overview

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 and Memberships

Recognitions

  • The Legal 500 United States (2016)
    • Recommended in Antitrust: Civil litigation/class actions
  • The Best Lawyers in America© (2012 to 2018)
    • Washington, D.C.: Antitrust Law
  • BTI Client Service All-Star (2010)
  • Martindale-Hubbell: AV Preeminent
  • Washington, D.C. "Super Lawyer" (2013 to 2017)

Memberships

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

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
  • U.S. Court of Appeals, Third Circuit
  • U.S. Supreme Court
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • District of Columbia

Education

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

Blog

In The Blogs

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Antitrust Advocate
The Trump DOJ’s View on Merger Enforcement and Remedies Explained
November 20, 2017
President Trump’s head of the Department of Justice’s Antitrust Division, Makan Delrahim, recently explained that the division will cut back on behavioral commitments such as consent orders regulating conduct and will instead rely more on...
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Antitrust Advocate
Supreme Court to Decide First Antitrust Case in Two Years
November 9, 2017
On Oct. 16, the U.S. Supreme Court granted certiorari in United States v. American Express, the court’s first antitrust case of the 2017 term and the first antitrust case they have reviewed since 2015. The American Express case presents...
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Antitrust Advocate
Antitrust Partner Dan Foix to Present at Upcoming AAI Conference
October 31, 2017
Danyll Foix, an antitrust partner in BakerHostetler’s Washington, DC office, will be a speaker at the 11th Annual Private Enforcement Conference of the American Antitrust Institute on November 7, 2017. Foix will join a panel discussion of...
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Antitrust Advocate
Presidential Powers and Antitrust Politics: Part Three
October 13, 2017
In July and August, we discussed the president’s role in setting antitrust policy at the Department of Justice, Antitrust Division. Specifically, we pointed out that presidents routinely face competing domestic and foreign policy...
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Antitrust Advocate
Recent Investigation Closing Suggests FTC’s Process Reforms Might Be Meaningful
October 4, 2017
Back in April, we reviewed several new initiatives within the Federal Trade Commission (FTC) focused on eliminating “wasteful, legacy regulations and processes that have outlived their usefulness,” including “process reforms” for civil...
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