Skadden, Arps, Slate, Meagher & Flom (New York)

Boris Bershteyn

Skadden, Arps, Slate, Meagher & Flom (New York)

Boris Bershteyn is a partner at Skadden, Arps, Slate, Meagher & Flom, and is based in New York. He litigates complex antitrust and competition matters before trial and appellate courts, and advises clients on regulatory and enforcement actions by government agencies and related internal investigations. He also represents businesses, sovereign entities, nonprofits, and individuals in administrative, appellate and constitutional disputes. From 2009 to 2013, Mr. Bershteyn held a number of senior legal and regulatory positions at the White House and its Office of Management and Budget (OMB). Before heading OIRA, Mr. Bershteyn served as general counsel of OMB. From 2010 to 2011, Boris Bershteyn was a special assistant to the president and associate White House counsel, advising senior administration officials on legal aspects of regulatory, economic, health and environmental policy. Since August 2013, Mr. Bershteyn has served as a public member of the Administrative Conference of the United States (ACUS), an independent federal agency charged with improving the federal regulatory and administrative process. From 2011 to 2013, Mr. Bershteyn served on ACUS’s 10-member governing council, to which he was appointed by President Obama. Earlier in his career, Mr. Bershteyn served as a law clerk to Justice David H. Souter on the U.S. Supreme Court and Judge José A. Cabranes on the U.S. Court of Appeals for the Second Circuit. He also is a recipient of the Paul and Daisy Soros Fellowship for New Americans.

Linked authors

Skadden, Arps, Slate, Meagher & Flom (London)
Skadden, Arps, Slate, Meagher & Flom (London)
Skadden, Arps, Slate, Meagher & Flom (London)
Skadden, Arps, Slate, Meagher & Flom (New York)
Skadden, Arps, Slate, Meagher & Flom (Brussels)


Boris Bershteyn (Skadden Arps)
Boris Bershteyn 31 May 2019 New York


786 Bulletin

Aurora Luoma, Giorgio Motta, Boris Bershteyn The UK Competition Authority issues its Green Agreements Guidance which is designed to help businesses seeking to collaborate on environmental sustainability initiatives by providing greater clarity on the competition rules prohibiting anticompetitive agreements, and is broadly consistent with the EU’s approach


On October 12, 2023, the UK’s Competition and Markets Authority (CMA) issued its final Green Agreements Guidance (Guidance). The Guidance is designed to help businesses seeking to collaborate on environmental sustainability initiatives by providing greater clarity on when UK competition rules (...)

Steven C. Sunshine, Boris Bershteyn, Kenneth Schwartz, David Wales, Matthew Martino, Julia K. York, Karen M. Lent, Michael H. Menitove, Michael Sheerin, Tara L. Reinhart, Joseph M. Rancour, Clifford H. Aronson, Maria Raptis The US FTC and DoJ introduce the new merger guidelines which are designed to modernize the US merger enforcement


The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released a draft of proposed new merger guidelines today, 18 months after FTC Chair Lina Khan and Assistant Attorney General Jonathan Kanter announced plans to “modernize” the agencies’ approach to (...)

Boris Bershteyn, Shay Dvoretzky, Jay Kasner, Bradley A Klein, Scott Musoff, Susan L. Saltzstein The US Supreme Court delivers a unanimous ruling allowing parties to constitutionally challenge the FTC’s proceedings in Federal Courts without first litigating them before the administrative tribunals (Axon / FTC)


The Supreme Court has made it easier to challenge the constitutionality of administrative tribunals housed at federal agencies. On April 14, 2023, the Court unanimously held in Axon Enterprise, Inc. v. Federal Trade Commission that parties subject to enforcement actions before such in-house (...)

Boris Bershteyn, Tara L. Reinhart, Jessica R. Watters, David Wales The US Government announces two key nominations at the White House and the FTC that signal a pro-enforcement approach to antitrust policy


President Biden has signaled a pro-enforcement approach to antitrust policy by naming Columbia Law School professor Tim Wu as a White House adviser and nominating Lina Khan, who also teaches at Columbia Law, to be commissioner of the Federal Trade Commission (FTC). Both are known for expansive (...)

Boris Bershteyn, Karen M. Lent, Matthew Martino The US Supreme Court holds that consumers are direct purchasers of apps and consequently have standing to sue an app store owner for monopolisation and high prices (Apple / Pepper)


On May 13, 2019, in a 5-4 decision in Apple Inc. v. Pepper, the U.S. Supreme Court held that consumers of iPhone apps are direct purchasers of Apple and therefore have standing to sue the company for alleged monopolization of the aftermarket for iPhone apps in violation of Section 2 of the (...)

Bill Batchelor, Bruce Macaulay, Ingrid Vandenborre, Jonathon Egerton-Peters, Sym Hunt, Boris Bershteyn The England & Wales Court of Appeal grants the appeal by over 46 million consumers against a financial company in relation to alleged overcharging of interbank fees (Merricks / MasterCard)


This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. A recent Court of Appeal decision has reignited the prospects of a £14 billion class action against Mastercard. In a much-anticipated ruling, the court has (...)


Total visits

Number of readings per contribution

Number of contributions

Author's ranking
In number of contributions
In number of visits
In average number of visits
Send a message