Justin W. Bernick

Justin W. Bernick

Partner, Washington, D.C.

Email justin.bernick@​hoganlovells.com

Phone +1 202 637 5485

Fax +1 202 637 5910

Practice groupRegulatory

Justin Bernick 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 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, healthcare, financial services, 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 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 jumpstarted 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.

Awards and recognitions

2014-2016

Washington, D.C. Rising Star
Super Lawyers

2018

Antitrust: Cartel
Legal 500 US

2018

Antitrust: Civil litigation/class actions, Next Generation
Legal 500 US

Education and admissions

Education

J.D., University of Virginia School of Law, 2007

B.A., University of Virginia, with distinction, 2004

Memberships

Member, Antitrust Section, American Bar Association

Member, Litigation Section, American Bar Association

Member, Virginia Bar Association

Bar admissions and qualifications

District of Columbia

Virginia

Court admissions

District of Columbia Court of Appeals

Supreme Court of Virginia

U.S. Court of Appeals, 4th Circuit

U.S. District Court, District of Columbia

U.S. District Court, Eastern District of Virginia

U.S. District Court, Western District of Virginia

Representative experience

Counsel to multiple Blue Cross Blue Shield companies in multi-district class action alleging nationwide market-allocation and price-fixing conspiracies.

Counsel for Credit Suisse in multi-district class action alleging antitrust conspiracy to increase the price of credit default swaps.

Counsel for Daimler Trucks (Freightliner) in multi-district class action alleging antitrust conspiracy to increase the price of truck transmissions.

Counsel to LabCorp in FTC investigation and subsequent federal court and administrative litigation to enjoin acquisition of rival clinical lab.

Counsel for trade associations of fertility clinics in class action alleging nationwide conspiracy to fix the price of donated oocytes.

Counsel for Blue Cross Blue Shield of Rhode Island in lawsuit alleging antitrust conspiracy to prevent hospital system from entering Rhode Island.

Counsel for Verizon in DOJ investigation of US$3.6bn acquisition of spectrum from, and joint sales and research agreements with, cable companies.

Counsel for S1 in DOJ investigation of US$520m acquisition by ACI.

Counsel for AdMob in FTC investigation of US$750m acquisition by Google.

Counsel for third-party Anshutz Entertainment Group in DOJ investigation of Ticketmaster's acquisition of Live Nation.

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