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
Class Actions Now Flowing From FTC and DOJ's No-Poach Enforcement
By Tyson Y. Herrold, Carl W. Hittinger
May 15, 2018
Partner Carl Hittinger and Associate Tyson Herrold authored an article published by The Legal Intelligencer on May 5, 2018. The article, “Class Actions Now Flowing from FTC and DOJ’s No-Poach Enforcement,” discusses the increase of class...
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Antitrust Advocate
DOJ Now Targeting HR Professionals for Criminal Antitrust Violations
By Tyson Y. Herrold, Carl W. Hittinger
April 9, 2018
Partner Carl Hittinger and Associate Tyson Herrold authored an article published by The Legal Intelligencer on March 30, 2018. The article, “DOJ Now Targeting HR Professionals for Criminal Antitrust Violations,” examines the Department of...
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Antitrust Advocate
The Department of Justice Weighs In on the Application of North Carolina Dental Examiners to the Florida State Bar
By William DeVinney
March 23, 2018
The Department of Justice (DOJ) recently took the uncommon step of submitting an amicus brief to weigh in on a motion to dismiss. TIKD Services, LLC v. The Florida Bar, No. 1:17-cv-24103 (S.D. Fla. filed Nov. 8, 2017), Dkt. 115...
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Antitrust Advocate
Should a Judge’s Personal Judicial Experience Affect Antitrust Pleadings?
March 19, 2018
When the U.S. Supreme Court scrapped Conley v. Gibson’s “no set of facts” federal pleading standard in Twombly (2007) and Iqbal (2009), courts initially struggled to apply the inherently ambiguous “plausibility” standard. In the immediate...
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Antitrust Advocate
Join Us for a Teleconference on New ABA Publication, “Antitrust Class Actions Handbook”
February 20, 2018
The ABA recently released a new publication that should be of interest to antitrust practitioners, the Antitrust Class Actions Handbook, Second Edition. The Handbook comprehensively addresses issues that arise before, during and after the...
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