The Antitrust Paradox

Mike S. Lee

United States Senator, Utah

Biography

Elected in 2010 as Utah's 16th Senator, Mike Lee has spent his career defending the basic liberties of Americans and Utahns as a tireless advocate for our founding constitutional principles.

Senator Lee acquired a deep respect for the Constitution early on. His father, Rex Lee, who served as the Solicitor General under President Ronald Reagan, would often discuss varied aspects of judicial and constitutional doctrine around the kitchen table, from Due Process to the uses of Executive Plenary Power. He attended most of his father's arguments before the U.S. Supreme Court, giving him a unique, hands-on experience and understanding of government up close.

Lee graduated from Brigham Young University with a Bachelor of Science in Political Science, and served as BYU's Student Body President in his senior year. He graduated from BYU's Law School in 1997 and went on to serve as law clerk to Judge Dee Benson of the U.S. District Court for the District of Utah, and then with future Supreme Court Justice Judge Samuel A. Alito, Jr. on the U.S. Court of Appeals for the Third Circuit.

Lee spent several years as an attorney with the law firm Sidley & Austin specializing in appellate and Supreme Court litigation, and then served as an Assistant U.S. Attorney in Salt Lake City arguing cases before the U.S. Court of Appeals for the Tenth Circuit.

Lee served the state of Utah as Governor Jon Huntsman's General Counsel and was later honored to reunite with Justice Alito, now on the Supreme Court, for a one-year clerkship. He returned to private practice in 2007.

Throughout his career, Lee earned a reputation as an outstanding practitioner of the law based on his sound judgment, abilities in the courtroom, and thorough understanding of the Constitution.

Today, Lee fights to preserve America's proud founding document in the United States Senate. He advocates efforts to support constitutionally limited government, fiscal responsibility, individual liberty, and economic prosperity.

Lee is a member of the Judiciary Committee, and serves as Chairman of the Antitrust, Competition Policy and Consumer Rights Subcommittee protecting business competition and personal freedom.

He also oversees issues critical to Utah as the Chairman of the Water and Power Subcommittee of the Energy and Natural Resources Committee. He serves on the Commerce Committee and the Joint Economic Committee, as well.

In the 114th Congress, Lee also began his tenure as Chairman of the Senate Steering Committee, where he works with his Republican colleagues in the Senate to introduce bold and innovative solutions to issues facing the American people.

Lee and his wife Sharon live in Alpine, Utah, with their three children. He is a member of The Church of Jesus Christ of Latter-day Saints and served a two-year mission for the Church in the Texas Rio Grande Valley.

Andrew Corydon Finch

Partner, Paul, Weiss

Biography

Andrew Finch is co-chair of the Antitrust Practice Group and a partner in the Litigation Department. He recently rejoined the firm from the U.S. Department of Justice’s Antitrust Division, where he served as Principal Deputy Assistant Attorney General (April 2017-August 2019) and as Acting Assistant Attorney General (April-September 2017), overseeing all aspects of the Antitrust Division’s operations. A seasoned and pragmatic antitrust counselor and litigator, Andrew has extensive experience with civil and criminal antitrust investigations, litigation and appeals.

EXPERIENCE

Andrew’s practice focuses on antitrust investigations and litigation, both criminal and civil, including merger reviews. At the Antitrust Division, Andrew oversaw dozens of major merger reviews; supervised multiple litigations; negotiated civil and criminal settlements, including consent decrees involving divestitures, plea agreements and deferred prosecution agreements; and represented the Antitrust Division in meetings with other federal agencies, members of Congress, state attorneys general and foreign competition authorities. Throughout his tenure, Andrew played a leadership role in developing and implementing Antitrust Division policies and priorities, including the Division’s new policy regarding the consideration of effective antitrust compliance programs in criminal enforcement decisions. Andrew also has spoken extensively in the United States and abroad about antitrust issues relating to “big data” and technology platforms, acquisitions of nascent competitors, and the application of antitrust law to intellectual property disputes and standard-development organizations.

In private practice, Andrew has represented a broad range of clients, including in the financial services industry, payment networks, insurance, manufacturing, steel production, public performing rights, petroleum refining, publishing, retailing, shipping and air transportation industries, among others. Andrew’s notable representations include:

a global financial institution in connection with investigations by the DOJ, CFTC, and other regulators into LIBOR and other interest rate benchmarks, as well as in civil litigations regarding LIBOR.
a global financial institution in connection with foreign exchange practices and related litigation.
the American Society of Composers, Authors and Publishers in connection with the DOJ’s review of the ASCAP Consent Decree.
Mastercard in the so-called “Interchange” multidistrict litigation brought by putative classes of U.S. merchants challenging payment card “interchange” fees and certain rules governing merchants’ acceptance of payment cards.
AIG against RICO and antitrust class action claims related to alleged bid-rigging of insurance contracts in all lines of commercial insurance.
numerous clients in antitrust and other investigations by the Federal Trade Commission, the DOJ, the CFTC, the New York Department of Financial Services, state attorneys general and other regulators.
numerous clients on a wide variety of antitrust and other issues arising in business and litigation contexts, including interlocking directorates, exclusive dealing, resale price maintenance and trade secrets.

Between 2003 and 2005, Andrew served as Counsel to the Assistant Attorney General in the Antitrust Division. While at the DOJ, he participated in drafting the joint report of the DOJ and FTC, Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition, and contributed to the Report of the DOJ’s Task Force on Intellectual Property.

Andrew served as a law clerk to the Honorable Dennis G. Jacobs in the U.S. Court of Appeals for the Second Circuit. At the University of Chicago Law School, Andrew was a John M. Olin Student Fellow in Law and Economics, the Topics and Comments Editor of The University of Chicago Law Review, and was elected to the Order of the Coif.

Andrew is a member of the American Bar Association’s Section of Antitrust Law, and currently serves on the ABA’s Task Force on the Future of Competition Law Standards. He previously served as vice-chair of the Books and Treatises Committee, as vice-chair of the Civil Practice and Procedure Committee, as a member of the Editorial Board of Antitrust Law Developments (Sixth), and as a principal editor of the Handbook on Interlocking Directorates.

Since 2014, Andrew has been recognized by Chambers USA as a leading lawyer in Antitrust. Clients commented that Andrew “is a very smart lawyer [who] has a very keen understanding of antitrust matters from the government perspective.” Following his tenure as one of the senior leadership of the Antitrust Division at the DOJ, Chambers USA has recognized Andrew as an “Eminent Practitioner” in the Antitrust (New York) category for his wide-ranging knowledge across criminal and civil antitrust issues. He is also highly recommended by The Legal 500 in the Antitrust: Cartel, Antitrust: Civil Litigation/Class Actions: Defense and Antitrust: Merger Control categories.

Andrew is a member of the Board of Directors of the School of American Ballet.

Charles "Rick" Rule

Partner, Rule Garza Howley LLP

Biography

Rick began his career in the 1980s in the Antitrust Division of the U.S. Department of Justice, becoming the Assistant Attorney General in charge of the Division from 1986-89 – the youngest person ever to be confirmed by the Senate to that position. Over the last 30+ years since leaving the Division, Rick has led the antitrust practices at several leading D.C. and New York firms including Covington & Burling and Paul, Weiss.

During his time in private practice, Rick has represented major multi-national companies and executives in virtually every industry – from, among others, agricultural and animal health (Monsanto, Elanco) to energy (ExxonMobil) to defense contractors (Northrop Grumman, United Technologies) to professional sports (NFL, NBA, MLB) to technology platforms (Microsoft, Nuance) to pharmaceutical manufacturers (Eli Lilly, Pfizer) to health insurers (Cigna). (For a complete list of industry experience, click here.)

Rick has represented his clients before the Antitrust Division, the Federal Trade Commission, State Attorneys General and major foreign antitrust regulators in connection with many of the most notable merger investigations, including Exxon’s merger with Mobil, US Airways’ merger with American Airlines, and Cigna’s acquisition of Express Scripts. At the same time, Rick has represented clients in some of most prominent government investigations of the last quarter century, including leading the team that settled the Government’s monopolization case against Microsoft and defending international companies and executives in major antitrust criminal investigations.

For four decades, Rick has been at the forefront of antitrust law and is uniquely capable of advising clients on the antitrust regulatory environment affecting the way they do business globally. As agencies and rules have evolved, he has helped clients to understand the dynamic legal framework, to assess the legal risk and rewards associated with a range of competitive strategies, and to work with government bodies to take advantage of, and ensure appropriate compliance with, the regulations governing the clients’ chosen strategy.

Laurence H. Silberman

Judge, United States Court of Appeals, District of Columbia Circuit

Biography

LAURENCE HIRSCH SILBERMAN, senior circuit judge; recipient of the Presidential Medal of Freedom, June 19, 2008; born in York, PA, October 12, 1935; son of William Silberman and Anna (Hirsch); married to Rosalie G. Gaull on April 28, 1957 (deceased), married Patricia Winn on January 5, 2008; children: Robert Steven Silberman, Katherine DeBoer Fischer, and Anne Gaull Otis; B.A., Dartmouth College, 1957; LL.B., Harvard Law School, 1961; admitted to Hawaii Bar, 1962; District of Columbia Bar, 1973; associate, Moore, Torkildson and Rice, 1961–64; partner (Moore, Silberman and Schulze), Honolulu, 1964–67; attorney, National Labor Relations Board, Office of General Counsel, Appellate Division, 1967–69; Solicitor, Department of Labor, 1969–70; Under Secretary of Labor, 1970–73; partner, Steptoe and Johnson, 1973–74; Deputy Attorney General of the United States, 1974–75; Ambassador to Yugoslavia, 1975–77; President’s Special Envoy on ILO Affairs, 1976; senior fellow, American Enterprise Institute, 1977–78; visiting fellow, 1978–85; managing partner, Morrison and Foerster, 1978–79 and 1983–85; executive vice president, Crocker National Bank, 1979–83; lecturer, University of Hawaii, 1962–63; board of directors, Commission on Present Danger, 1978–85, Institute for Educational Affairs, New York, NY, 1981–85, member: General Advisory Committee on Arms Control and Disarmament, 1981–85; Defense Policy Board, 1981–85; vice chairman, State Department’s Commission on Security and Economic Assistance, 1983–84; American Bar Association (Labor Law Committee, 1965–72, Corporations and Banking Committee, 1973, Law and National Security Advisory Committee, 1981–85); Hawaii Bar Association Ethics Committee, 1965–67; Council on Foreign Relations, 1977–present; Judicial Conference Committee on Court Administration and Case Management, 1994; member, U.S. Foreign Intelligence Surveillance Act Court of Review, 1996–2003; Adjunct Professor of Law (Administrative Law and Labor Law) Georgetown Law Center, 1987–94; 1997; Adjunct Professor of Law, Harvard Law School, 1994-95, Adjunct Professor of Law, New York University Law School, 1995–96; Distinguished Visitor from the Judiciary, Georgetown Law Center, 2003–2019; co-chairman of the President’s Commission on The Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, 2004–05; appointed to the U.S. Court of Appeals for the District of Columbia Circuit by President Reagan on October 28, 1985.