Justin Bernick is a partner at Hogan Lovells in the global regulatory team and is based in the firm’s Washington, D.C. office. He defends clients in antitrust lawsuits in state and federal courts throughout the United States. He has participated in some of the largest antitrust class actions in the country. Justin Bernick concentrates his practice on antitrust and commercial litigation, with experience in multi-district and multi-jurisdictional litigation and consumer class actions following criminal and civil government investigations. He also represents companies in Department of Justice (DOJ), Federal Trade Commission (FTC), and state antitrust inquiries, including merger and conduct investigations. Justin leverages his comprehensive knowledge of economics and antitrust law to achieve early success for clients at the motion to dismiss, summary judgment, and class certification stages. He litigates a wide range of antitrust and competition issues pertaining to mergers and acquisitions, allegations of price fixing, market allocation, vertical and horizontal agreements, and monopolization. Justin’s deep knowledge spans various industries – life sciences and pharmaceuticals, health care, financial services, food and agriculture, and tech sectors. He was a member of the trial team in a case that was named the 2012 Litigation of the Year by Global Competition Review. Justin Bernick assists companies in mitigating risk by counseling on a variety of antitrust issues, including compliance with the Sherman Act, the FTC Act, and the Hart-Scott-Rodino Act. He co-authored an Antitrust Compliance treatise published by Bloomberg BNA. He also assists clients in responding to subpoenas, civil investigative demands, second requests, and other government requests for information, as well as in managing complex electronic discovery matters. Justin started his legal career as a law clerk to the Honorable Robert G. Doumar of the U.S. District Court for the Eastern District of Virginia.
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On July 19, 2023 the Federal Trade Commission (FTC) and Department of Justice (DOJ) (“the agencies”) released their 2023 Draft Merger Guidelines (the “2023 draft guidelines” or the “revised guidelines”). The publication of the revised guidelines—currently available for public comment until (...)
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On July 19, 2023 the Federal Trade Commission (FTC) and Department of Justice (DOJ) (“the agencies”) released their 2023 Draft Merger Guidelines (the “2023 draft guidelines” or the “revised guidelines”). The publication of the revised guidelines—currently available for public comment until (...)
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On July 14, 2023 the Federal Trade Commission (FTC) announced that it is withdrawing two antitrust policy statements related to antitrust enforcement in health care markets (the policy statements). Specifically, the FTC is withdrawing “safe harbors” for healthcare provider mergers, joint (...)
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On 3 February 2023 the Department of Justice (DOJ) announced that it is withdrawing from certain policy statements related to antitrust enforcement in health care. Specifically, DOJ is withdrawing “safe harbors” for health care provider mergers, joint ventures, and joint purchasing (...)
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The Federal Trade Commission’s (FTC’s) January 5, 2023 Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule, which would ban nearly all post-employment non-competes, signals a possible sea-change for employers across industries. Significantly, however, non-profit (...)
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On 10 November 2022, the Federal Trade Commission (FTC or Commission) issued a Policy Statement (the Policy Statement) outlining a significant expansion of its mandate to target “unfair methods of competition” under Section 5 of the FTC Act (Section 5). In a concurrently published statement, (...)
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On 16 June 2020, the former CEO of Bumble Bee Foods LLC was sentenced to 40 months in prison and fined US$100,000 for his role in a tuna price-fixing conspiracy involving two competitors. This sentence is one of the most significant penalties ever imposed on a corporate executive in a criminal (...)
