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Justin W. Bernick

Counsel
Washington, D.C.

Justin W. Bernick

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. He 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. Justin 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.

Representative Experience

Counsel for 14 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.

Education and admissions

Education

  • J.D., University of Virginia School of Law, 2007
  • B.A., with distinction, University of Virginia, 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, Fourth Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, Eastern District of Virginia
  • U.S. District Court, Western District of Virginia

2014

Washington, D.C. Rising Star

Super Lawyers

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