Justin W. Bernick
Partner Global Regulatory
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Overview
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Experience
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Credentials
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Insights and events
Justin Bernick defends clients in antitrust lawsuits in state and federal courts throughout the United States. He helps clients resolve the most challenging antitrust and competition issues, from large class actions to high-stakes government investigations.
Justin has won major victories at trial, including as lead trial counsel in DOJ's lawsuit challenging ASSA ABLOY's $4.3 billion acquisition of the HHI division of Spectrum Brands in 2023. He defeated DOJ in a 2022 trial challenging the $13 billion merger of UnitedHealth Group and Change Healthcare. He defeated the FTC in a 2020 trial challenging Thomas Jefferson University's acquisition of Albert Einstein Healthcare Network--the FTC's first hospital merger loss in decades.
Justin also leverages his knowledge of economics and the law to achieve pretrial success. He has litigated dozens of the largest class actions in the country in recent years, defeating antitrust claims at summary judgment and at class certification.
Justin litigates a wide range of issues, including mergers and acquisitions, price fixing, market allocation, vertical and horizontal agreements, and monopolization, as well as related contract, business tort, and intellectual property claims.
Justin represents companies in DOJ, FTC, and state investigations, assisting clients in responding to subpoenas, civil investigative demands, second requests, and other government requests for information.
Justin's expertise spans various industries, including pharmaceuticals, healthcare, food and agriculture, hospitality, and tech. He counsels clients regarding antitrust compliance, and is co-author of an Antitrust Compliance treatise published by Bloomberg BNA.
Dedicated to pro bono, Justin led a team in 2018 that successfully restored asylum rights to a nationwide class of migrant children separated at the southern border.
Justin began his career as a law clerk to the Honorable Robert G. Doumar of the U.S. District Court for the Eastern District of Virginia.
Representative experience
Lead trial counsel for ASSA ABLOY in DOJ lawsuit seeking to block acquisition of HHI division of Spectrum Brands.
Trial counsel for UnitedHealth Group in DOJ lawsuit seeking to block acquisition of Change Healthcare.
Trial counsel for Albert Einstein Healthcare Network in FTC lawsuit seeking to block merger with Thomas Jefferson University.
Lead trial counsel for global pharmaceutical company in multi-district class action alleging "product hopping" and generic delay antitrust violations.
Lead counsel for Agri Stats, a data benchmarking company, in nationwide class actions alleging price-fixing in the chicken, pork, and turkey industries.
Represent multiple Blue Cross Blue Shield health insurance companies in multi-district class action alleging nationwide market-allocation and price-fixing conspiracies.
Lead counsel for Choice Hotels in consumer class action and distributor lawsuit alleging a conspiracy regarding online paid search advertising.
Represent global pharmaceutical company in government investigations and multi-district class actions alleging price-fixing and unlawful “pay for delay” patent settlements.
Lead counsel for Anschutz Entertainment Group and the Coachella Music Festival in antitrust lawsuit challenging radius clauses in artist contracts.
Lead counsel for PPG in antitrust claims brought by unauthorized repackager of aerospace sealant and trademark infringement counterclaims.
Lead counsel for Blue Cross Blue Shield of Rhode Island in lawsuit alleging antitrust conspiracy to prevent hospital system from entering Rhode Island.
Represent trade associations of fertility clinics in class action alleging nationwide conspiracy to fix the price of donated oocytes.
Represent Credit Suisse in multi-district class action alleging antitrust conspiracy to increase the price of credit default swaps.
Represent Daimler Trucks (Freightliner) in multi-district class action alleging antitrust conspiracy to increase the price of truck transmissions.
Represent LabCorp in FTC investigation and subsequent lawsuit seeking to block acquisition of clinical laboratory.
Pro bono representation of putative nationwide classes of asylum seekers in successful lawsuits challenging bars on asylum eligbility for separated children and central American refugees.
Represent S1 in DOJ investigation of US$520m acquisition by ACI.
Represent Verizon in DOJ investigation of US$3.6bn acquisition of spectrum from, and joint sales and research agreements with, cable companies.
Represent AdMob in FTC investigation of US$750m acquisition by Google.
Credentials
- J.D., University of Virginia School of Law, 2007
- B.A., University of Virginia, with distinction, 2004
- District of Columbia
- Virginia
- District of Columbia Court of Appeals
- Supreme Court of Virginia
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Fourth Circuit
- U.S. Court of Appeals, Fifth Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, District of Columbia
- U.S. District Court, Eastern District of Virginia
- U.S. District Court, Western District of Virginia
- Member, Antitrust Section, American Bar Association
- Member, Litigation Section, American Bar Association