Sheppard Mullin (San Francisco)

Michael Cohen

Sheppard Mullin (San Francisco)
Lawyer (Partner)

Michael P.A. Cohen is partner at Paul Hastings. He practices antitrust, trade regulation and competition law. Mr. Cohen has practiced antitrust law for eighteen years, excepting his service as an assistant special prosecutor pursing criminal convictions in connection with financial institution failures in the early 1990’s. His practice focuses on both criminal and civil antitrust and trade regulation matters, including district court and appellate litigation, as well as merger and non-merger investigations before the United States Department of Justice and Federal Trade Commission. His work since 1990 has spanned a wide variety of industries. Mr. Cohen has represented parties to merger investigations in portion-packing, pet food, refined petroleum, cold-rolled steel, baby food, frozen potato, canned tuna, radio broadcast and digital media industries, among others. His merger clearance work defending acquisitions through trial includes the FTC challenge to H.J. Heinz Company’s proposed acquisition of the Beech-Nut baby food business and the FTC’s recent attempt to enjoin Western Refining’s acquisition of Giant Industries in 2007. His civil non-merger work includes high profile agency investigations and private civil litigation defense for oil and gas, weight-loss, food manufacturing, soft drink, pharmaceutical, computer software, broadcast, digital media, Internet technology and computer security clients. Mr. Cohen continues to handle antitrust criminal defense work and criminal fraud investigations across industries as well.

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Sheppard Mullin (Washington)
Sheppard Mullin (San Francisco)
Sheppard, Mullin, Richter & Hampton (Brussels)
Sheppard Mullin (Century City)
Sheppard, Mullin, Richter & Hampton (Brussels)


Michael Cohen - Merger Control Regimes Worldwide 2014
Michael Cohen 19 December 2014 Paris


1199 Bulletin

Katie Wood, Michael Cohen The U.S. District Court for the Eastern District of Pennsylvania holds that a firm which has engaged in fraud on the patent office cannot stand on its patent to defend reverse payment antitrust claims (Cephalon)


Last year in a landmark decision, the Supreme Court ruled that pharmaceutical “reverse payment” settlements in Hatch-Waxman Act “Paragraph 4” patent litigation are subject to challenge, departing from the rule that most Circuits had adopted. FTC v. Actavis, 133 S.Ct. 2223 (2013). In these cases, (...)

Eric Dodson Greenberg, Matthew L. Gibson, Michael Cohen The US DoJ announces that it would conditionally approve a proposed merger in the radio advertising market on the divestiture of three radio stations in two overlap markets (Cumulus Media / Citadel Broadcasting)


On September 8, 2011, the U.S. Department of Justice (“DOJ”) Antitrust Division announced that it would condition its approval of Cumulus Media Inc.’s proposed merger with Citadel Broadcasting on the divestiture of three radio stations in two overlap markets . In its court filings, the DOJ (...)

Michael Cohen, Noah Pinegar The Eastern District Court of New York holds that Chinese law did not compel the defendants in a cartel case to reach agreements on price and output (Vitamin C cartel)


In a recent, strongly worded federal antitrust decision, pleas for international comity by China’s nationalized vitamin industry and its regulatory overseer, China’s foremost trade industry, fell short in a showdown with U.S. domestic antitrust laws. The case indicates that foreign compulsion (...)

Kristen Warden, Michael Cohen The United States District Court for the District of Massachusetts draws rule of reason around relationships with retailers who compete with their own store brands (Bedi / Hewlett-Packard and Staples)


Agreements between suppliers and retailers are typically viewed under a rule of reason applicable now to virtually all “vertical” relationships in a supply chain. Many retailers, however, also market their own store brands which compete with branded products they purchase from their (...)

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