Newsletter 03.25.24
Cartel Enforcement Trends and Developments
Monitoring and updating recent key announcements, cases and other developments involving antitrust cartel enforcement (Vol. 1, No. 1)
Michael Sibarium focuses on litigation, government investigations and counseling matters generally involving significant antitrust, trade regulation and other legal issues relating to competition.
Michael’s broad experience includes antitrust and other complex commercial litigation, antitrust conduct and merger investigations, criminal grand jury investigations, and unfair and deceptive trade practices investigations. He represents clients in investigations conducted by the Federal Trade Commission, the Department of Justice’s Antitrust Division, state attorneys general, and in litigation before state and federal courts. Michael has also represented clients in cases involving claims of price fixing, boycotts, misappropriation of trade secrets, breach of contract, fraud, trade libel and other business torts.
Representative Experience
- Obtained unconditional merger clearance for an optical industry client in its multibillion- dollar acquisition of an iconic eyewear company before the FTC.
- Helped successfully guide a major telecommunications merger through the Department of Justice.
- Successfully represented one of the nation’s largest wholesale bakers through a series of acquisitions of major competitors.
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- Obtains clearances for transactions in other industries as diverse as aerospace, healthcare, airport security, wholesale foods, energy, financial services, chemicals, computers, agricultural products, telecommunications and retail.
- Represents household-name clients in FTC investigations and state attorney general investigations in matters arising from advertising claims, warranties, deceptive pricing, product labeling and other FTC trade regulation rules.
- Advises clients on a wide range of antitrust and trade regulation issues relating to pricing, distribution, strategic alliances, boycotts, tying agreements, exclusive dealing, promotional allowances, licensing restrictions, advertising and covenants not-to-compete.
- Has analyzed the competitive effects of hundreds of proposed mergers, acquisitions and joint ventures for nearly 30 years in both private practice and government service.
- Has represented clients in pro bono matters, including a prisoner in an Eighth Amendment claim, a terminated employee in a discrimination claim, and serving as guardian ad litem in a child-custody case.
Professional Highlights
Has taught courses in legal writing and appellate advocacy at The National Law Center of The George Washington University Law School.
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- Honors & Awards
- The Legal 500 U.S., Antitrust – Civil Litigation/Class Actions: Defense (2018), Antitrust – Cartel (2016), Antitrust (2012 – 2014)
- Best Lawyers (published by BL Rankings LLC), Antitrust Law (2018 – 2023)
- Super Lawyers (2019 – 2021)
- Associations
- American Bar Association
- Speaking Engagements
- “Digital Trade: Antitrust Regulation and International Treaties,” ABA Business Law Section Annual Meeting, September 12, 2019. Panelist.
- “The Supreme Court’s Ruling on Antitrust Immunity for State Regulatory Boards: North Carolina State Board of Dental Examiners v. FTC,” American Health Lawyers Association, May 2015. Panelist.
- “Antitrust Enforcement over the Next Four Years,” Pillsbury CLE Marathon, February 2013.
- “Joint Ventures: Practical Advice to Avoid the Antitrust, Tax, and Fraud and Abuse Pitfalls,” Physicians and Physician Organizations Law Institute and Hospitals and Health Systems Law Institute, February 2009. Panelist.
- “Resale Price Maintenance Post-Leegin,” Antitrust Section of the New York State Bar Association Annual Meeting, January 2008. Panelist.
- “U.S./EU Antitrust Enforcement,” Northwestern University Law School’s Garrett Institute for Corporate and Securities Law, May 2006. Moderator.
- “Antitrust Issues Arising from Health Care Joint Ventures,” American Health Lawyers Association, March 2008. Panelist.
- “FTC v. Evanston Northwestern Healthcare — The View up Close,” the American Health Lawyers Association Annual Meeting in Philadelphia, June 2006. Panelist.
- “Hospital Mergers and Alliances: Lessons from the Evanston Northwestern Litigation,” Antitrust in Healthcare Conference sponsored by the American Bar Association Antitrust Section and the National Health Lawyers Association May 2005. Panelist.
Education
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J.D., The George Washington University Law School, 1984
Member, The George Washington Journal of International Law & EconomicsB.A., University of Connecticut, 1981
summa cum laude, University Scholar, Phi Beta Kappa
Admissions
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Maryland
District of Columbia
Courts
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U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the District of Columbia
U.S. District Court for the District of Maryland
U.S. District Court for the Eastern District of Michigan