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Philip Bartz is the Leader of the United States Antitrust and Competition Practice at the firm, and focuses on 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 handled major antitrust litigation, represented clients in mergers and acquisitions, and provided counseling with respect to antitrust compliance. Mr. Bartz has also represented clients in matters involving the United States Department of Justice Antitrust Division and the Federal Trade Commission.

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 international law firm. In addition, Mr. Bartz clerked for The Honorable Caleb M. Wright, U.S. District Court, District of Delaware.

Professional Affiliations

    • American Bar Association
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Representative Experience

  • From 2016-18, Mr. Bartz represented the National Association of Fixed Annuities (“NAFA”) in litigation against the Department of Labor (“DOL”) with respect to DOL’s “Fiduciary Rule,” that exerted substantial new regulatory authority over the financial services industry. Ultimately, NAFA’s position prevailed, as the Fiduciary Rule was vacated “in toto” in 2018.
  • Since 2006, Mr. Bartz has been antitrust counsel to the Electronic Payments Coalition (“EPC”), a government affairs organization comprised of companies in the payments industry, including Visa, Mastercard and numerous banks and credit unions.
  • Since 2011, Mr. Bartz has represented the National Collegiate Athletic Association ("NCAA") on a variety of matters, including antitrust and concussion related litigation.
  • 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 Phillip Goldstein, and the hedge fund he manages, in an Administrative Procedure Act challenge to 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 vacated 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.

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)