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 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 antitrust 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 antitrust 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.
  • 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.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2016)
    • Recommended in Antitrust: Civil litigation/class actions
  • The Best Lawyers in America® (2012 to Present)
    • Washington, D.C.: Antitrust Law
  • BTI Client Service All-Star (2010)
  • Martindale-Hubbell: AV Preeminent
  • Washington, D.C. "Super Lawyer" (2013 to 2020)

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
Federal Trade Commission's Historic Attempt to Drive a Mack Truck Through the Sherman Act
By Jeffry W. Duffy, Tyson Y. Herrold, Carl W. Hittinger, Justin M. Kadoura
November 21, 2022
Key Takeaways The Federal Trade Commission (FTC) issued a historic statement, setting out a new framework for assessing “standalone” claims of “unfair methods of competition” that can be brought by the FTC alone under Section 5 of the FTC...
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Antitrust Advocate
Yer out (for now): MLB dismissed from antitrust lawsuit because of historic antitrust exemption
By Julian D. Perlman
November 8, 2022
In a decision that stunned no one (yet will garner plenty of headlines), a federal district court granted a motion to dismiss filed by Major League Baseball (MLB) on the basis of its storied antitrust immunity. Coming almost on the eve of...
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Antitrust Advocate
DOJ Antitrust Brings First Criminal Monopolization Case in More Than 40 Years
By Lindsey Olson Collins, Carl W. Hittinger, Ann M. O'Brien
November 4, 2022
Key Takeaways U.S. v. Nathan Nephi Zito is the first criminal monopolization case in more than 40 years, reversing the Antitrust Division’s practice of pursuing monopolization cases only civilly. The elements enumerated in the Zito plea...
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Antitrust Advocate
Hospital Mergers: The Future of COPA Immunity
By Tyson Y. Herrold, Carl W. Hittinger, Marc G. Schildkraut
October 26, 2022
In October 2022, the Federal Trade Commission issued a Public Comment opposing a Certificate of Public Advantage (COPA) for the merger of State University of New York Upstate Medical University (SUNY Upstate) and Crouse Health System, Inc...
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Antitrust Advocate
DOJ Antitrust Division Not Backing Down on Labor
By Ann M. O'Brien, Kayley B. Sullivan
September 27, 2022
Despite back-to-back losses in the Department of Justice’s (DOJ) first-ever criminal no-poach and wage-fixing cases, the Antitrust Division (the Division) is not backing down from its enforcement focus on labor. In fact, the Division and...
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