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Philip D. Bartz

Partner

, Bryan Cave LLP
Washington

Tel

1 202 508 6022

Fax

1 202 220 7322
philip.bartz@bryancave.com
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Philip D. Bartz

Partner


Washington



1155 F Street, N.W.
Suite 500
Washington, District of Columbia 20004-1357

Phone:

1 202 508 6022

Fax:

1 202 220 7322

email:

philip.bartz@bryancave.com

Philip Bartz is co-leader of the firm’s Antitrust, Franchise and Consumer Law Group and focuses on antitrust litigation, including the defense of antitrust class actions, complex commercial litigation, defense of federal and state investigations, and antitrust advice. During the course of his career, he has counseled Fortune 500 clients regarding antitrust litigation matters related to merger and acquisitions, distribution channel issues and antitrust compliance. Mr. Bartz has also represented clients in matters involving the federal antitrust enforcement agencies.

Prior to joining the firm, Mr. Bartz was the head of the antitrust group of an international law firm headquartered in Washington, D.C. He has held senior level positions in the Civil Division of the U.S. Department of Justice, serving as the Deputy Assistant Attorney General for the Federal Programs Branch of the Division, which litigates on behalf of approximately 100 federal agencies. Before entering public service, he was the managing partner of the Washington, D.C. office of a large transaction and litigation firm. In addition, Mr. Bartz clerked for The Honorable Caleb M. Wright, U.S. District Court, District of Delaware.

Professional Affiliations

  • American Bar Association

Philip Bartz is co-leader of the firm’s Antitrust, Franchise and Consumer Law Group and focuses on antitrust litigation, including the defense of antitrust class actions, complex commercial litigation, defense of federal and state investigations, and antitrust advice. During the course of his career, he has counseled Fortune 500 clients regarding antitrust litigation matters related to merger and acquisitions, distribution channel issues and antitrust compliance. Mr. Bartz has also represented clients in matters involving the federal antitrust enforcement agencies.

Prior to joining the firm, Mr. Bartz was the head of the antitrust group of an international law firm headquartered in Washington, D.C. He has held senior level positions in the Civil Division of the U.S. Department of Justice, serving as the Deputy Assistant Attorney General for the Federal Programs Branch of the Division, which litigates on behalf of approximately 100 federal agencies. Before entering public service, he was the managing partner of the Washington, D.C. office of a large transaction and litigation firm. In addition, Mr. Bartz clerked for The Honorable Caleb M. Wright, U.S. District Court, District of Delaware.

Select Representations

  • Since 2011, Mr. Bartz has represented the National Collegiate Athletic Association ("NCAA") on a variety of matters.
  • From 1999 - 2010, Mr. Bartz represented Monsanto Co. in a series of class actions bringing antitrust challenges to Monsanto’s sale of genetically modified soy and corn seeds. Monsanto was able to defeat certification of a class of farmers, see, e.g., Blades v. Monsanto, Co.,400 F.3d 562 (8th Cir. 2005), and ultimately all the cases were resolved on an individual basis.
  • Mr. Bartz represented Old Mutual Financial Network in a case involving an Administrative Procedure Act challenge to the Security and Exchange Commission’s adoption of Rule 151A, which asserted SEC jurisdiction over fixed indexed annuities. Granting Old Mutual’s Petition for Rehearing in the case, on July 12, 2010 the United States Court of Appeals for the District of Columbia Circuit vacated Rule 151A. American Equity, et al. v. SEC, 2010 WL 2757499 (D.C. Cir. 2010). The SEC subsequently decided to abandon Rule 151A, and leave regulation of fixed indexed annuities.
  • Mr. Bartz represented Phillip Goldstein, and the hedge fund he manages, in an Administrative Procedure Act challenge a rule of the Securities and Exchange Commission that sought to exert expanded control over hedge fund advisers. In June 2006, the District of Columbia Circuit found Mr. Goldstein’s challenge to be meritorious, and determined that the SEC had exceeded its authority in promulgating the new hedge fund regulations. On remand after the D.C. Circuit’s decision vacating the regulations, the SEC decided to abandon the rule. For his work on this case, in March 2007, Mr. Bartz was named Lawyer of the Year by the Compliance Reporter in its 5th Annual ARC Awards.

Bar and Court Admissions

District of Columbia

United States Supreme Court

United States Courts of Appeals for the Second, Fourth, Fifth, Eighth, Ninth, Tenth, Eleventh and District of Columbia Circuits

United States District Courts for the District of Columbia and District of Maryland

Education

Georgetown University Law Center, J.D., magna cum laude, 1982

Clark University, B.A., magna cum laude, 1978

Publications

  • "NCAA Sports: No Death Penalty Under the Antitrust Laws," Bloomberg Law Reports, co-authored with Nicholas S. Sloey, Feb. 15, 2012
  • "The Joy of College Sports: Why the NCAA's Efforts to Preserved Amateurism Are Both Lawful and in the Best Interest of College Athletics," Legal Issues in College Athletics, co-authored with Nicholas S. Sloey, Jan. 27, 2012
  • "Challenging Federal Agency Rulemaking in Court: Don't Forget the Remedy," Washington Legal Foundation Legal Backgrounder, co-authored with Eric L. Marhoun of Old Mutual U.S. Life, Jan. 28, 2011
  • "Troubleshooting NSA's Complaint Against Amex," Law360, co-authored with Nicholas S. Sloey, July 16, 2010
  • "The War on Contingent Commissions: A Regulatory Attack on a Procompetitive Business Practice," Metropolitan Corporate Counsel, co-authored with Cameron Cohick, June 2005
  • "Sample Jury Instructions in Civil Antitrust Cases," (1999 ed.), Contributing Author, World Antitrust Law and Practice, Chapters 2 and 3, (Little Brown & Co. 1995)

Professional Affiliations

  • American Bar Association

Education

  • Georgetown University Law Center, J.D., magna cum laude, 1982
  • Clark University, B.A., magna cum laude, 1978

Admissions

  • District of Columbia
  • United States Supreme Court
  • United States Courts of Appeals for the Second, Fourth, Fifth, Eighth, Ninth, Tenth, Eleventh and District of Columbia Circuits
  • United States District Courts for the District of Columbia and District of Maryland

Committee/Leadership Roles

  • Recruiting Committee