Overview
Lee Berger focuses on antitrust law, including civil enforcement, private litigation, criminal investigations, compliance advice, and mergers. Lee has experience working on cases focused on industries such as real estate; telecom; media and entertainment; esports; health care; energy; consumer technology; automotive; finance; travel; and agriculture.
Before joining Steptoe, Lee served as the inaugural Chief of the Civil Conduct Task Force, Antitrust Division of the U.S. Department of Justice, where he supervised or advised on the majority of the Division's civil conduct enforcement investigations and litigations, and counseled the Division leadership on issues concerning civil conduct enforcement. As Chief, he created many policies that continue to drive the effectiveness and efficiency of the Division's civil conduct enforcement agenda today.
Lee's extensive government experience included a focus on the telecom, media, and entertainment industries earlier in his career, when he served as a trial attorney in what was at the time called the Media, Entertainment, and Professional Services Section of the DOJ's Antitrust Division. Some of the more notable cases he worked on at the Antitrust Division include leading two investigations into civil conduct violations in the broadcast television industry, as well as investigations of the two largest-ever broadcast television station group mergers. He also was a key attorney on the investigation and litigation of Live Nation and Ticketmaster's compliance with a 2010 consent decree, as well as the investigation of the Disney/Fox merger. He sat on a high-profile panel of television, cable, and digital media executives as the sole Antitrust Division representative at the 2019 Public Workshop on Competition in Television and Digital Advertising. Prior to his government service, Lee was a lawyer at two international law firms, where he specialized in price-fixing and other coordinated-conduct litigations.
Lee is a frequent speaker on antitrust issues and has long been involved in the California Lawyers Association, where he has served in a variety of roles including current advisor and past chair of the Antitrust & Unfair Competition Section, Secretary of the Board of Directors, and Chair of the Governance Committee.
- District of Columbia
- California
- J.D., Georgetown University Law Center, 2002, cum laude, Editor, Georgetown Law Journal
- B.A., American University, 1999, magna cum laude, International Studies
Speaking Engagements
- Speaker, Antitrust 101: The Basics of California Antitrust Law for Novice Attorneys, California Lawyers Association, Antitrust & Unfair Competition Law Section (December 17, 2024).
- Speaker, International Regulation and Dispute Trends in a Changing World, Korean Ministry of Trade, Industry and Energy (Seoul) (June 26, 2024).
- Speaker, Drew Competition Friends Fireside Chat Series: A Conversation with Lee Berger on US Antitrust Law, Webinar (May 23, 2024).
- Speaker, Staying on the Antitrust Rails, American Short Line and Regional Rail Association Annual Conference (Kansas City) (March 26, 2024)
- Speaker, Tackling Anti-Competitive Agreements, International Bar Association Annual Conference (November 1, 2023).
- Speaker, Merger Control in the US and in Brazil: How increased scrutiny may impact M&A transactions in the upcoming years, Webinar with Veirano Advogados (Brazil) (October 19, 2023).
- Speaker, Breaking News: Amazon and FTC, American Bar Association, Antitrust Section (October 4, 2023).
- Speaker, Antitrust for Oil Pipelines, Liquid Energy Pipeline Association Annual Business Conference (September 21, 2023).
- Moderator, The 2023 Labor Market: FTC Proposed Ban of Non-Compete Agreements; Global Trends Going Beyond Consumer Standard Welfare, LexMundi, Global Antitrust & Competition Practice Group Meeting (March 28, 2023).
- Speaker, Conduct Matters Arising from Merger Investigations, Federal Trade Commission (April 6, 2021).
- Speaker, Overview of a Conduct Investigation: An Attorney's Perspective, Kuwait Competition Protection Agency Visit with U.S. Antitrust Enforcers (Oct. 23, 2019).
- Speaker, Matters that Involve Antitrust – Some You Expect, Some You Don’t, Cal. Lawyers Association Annual Meeting (Oct. 11, 2019).
- Moderator, Competitive Dynamics in Advertising: Does Local Broadcast Compete with Cable Spot and Online Advertising?, Dept. of Justice, Public Workshop on Competition in Television and Digital Advertising (May 3, 2019).
- Speaker, Broadcast Station Competitively Sensitive Information Sharing Investigation, Presentation to the Federal Communications Commission (Apr. 2, 2019).
News & Publications
StepAhead: Antitrust & Competition Insights
M&A Noncompetes Under Fire: NY AG's "Capture-and-Kill" Ski Resort Case Offers Critical Lessons
March 19, 2025
By: Lee Berger, Travis West
Client Alerts
UPDATE: Constitutionality of FTC's Structure Faces Greatest Threat Yet
February 19, 2025
Client Alerts
Constitutionality of FTC’s Structure Faces Greatest Threat Yet
February 14, 2025
StepAhead: Antitrust & Competition Insights
February 3, 2025
By: Patrick F. Linehan, Lee Berger, Travis West, Madeline Carr
Client Alerts
January 24, 2025
By: Karima Maloney, Patrick F. Linehan, Lee Berger, Paul R. Hurst, Tyler Evans, Michelle Kallen, Joaquin Diaz
StepAhead: Antitrust & Competition Insights
January 16, 2025
By: Michael L. Weiner, John J. Kavanagh, Lee Berger, Travis West
StepAhead: Antitrust & Competition Insights
The New Merger Guidelines: Reflections After One Year
December 20, 2024
By: Lee Berger, Travis West
StepAhead: Antitrust & Competition Insights
FTC Tackles First No-Poach Case in Vertical Contracts
December 12, 2024
By: Lee Berger, John J. Kavanagh, Jiyoung Lim
StepAhead: Antitrust & Competition Insights
Final HSR Rule Announced: New Requirements and Elevated Compliance Standards for Merger Filings
October 28, 2024
By: Lee Berger, John J. Kavanagh, Jiyoung Lim
Events
Webinars
DEI Doomsday? President Trump's DEI Executive Order
February 7, 2025
Speakers: Lee Berger, Tyler Evans, Michelle Kallen, Patrick F. Linehan, Karima Maloney
Webinars
Quarterly Investigations & Enforcement Update
January 28, 2025
Speakers: Jason Abel, Lee Berger, Christopher R. Conte, Amba M. Datta, Ryan Hayden, Gregory S. McCue, Michael Campion Miller, Zoe Osborne, Wendy Wysong
Webinars
Consumer Protection Regulation in 2025
December 11, 2024
Speakers: Akita Adkins, Daniel Blynn, Lee Berger, Eric Berman, Michelle Kallen, Benjamin M. Saul
Webinars
The Steptoe Update: US, EU, and UK Legal Developments Affecting Asian Companies and Public Actors
December 11, 2024
Speakers: Lee Berger, Eric C. Emerson, Jack R. Hayes, Charles Whiddington
Webinars
Quarterly Investigations & Enforcement Update Webinar
January 25, 2024
Speakers: Jason Abel, Iris E. Bennett, Lee Berger, Christopher R. Conte, Amba M. Datta, John J. Kavanagh, Michael Campion Miller, Zoe Osborne, Wendy Wysong
Webinars
Investigations & Enforcement Webinar Series
July 27, 2023
Speakers: Jason Abel, Lee Berger, Christopher R. Conte, Amba M. Datta, Patrick F. Linehan, Cáitrín McKiernan, Michael Campion Miller, Zoe Osborne, Wendy Wysong
Webinars
Investigations & Enforcement Webinar Series
January 26, 2023
Speakers: Jason Abel, Iris E. Bennett, Lee Berger, Christopher R. Conte, Amba M. Datta, Coy Garrison, Patrick F. Linehan, Zoe Osborne, Wendy Wysong
Noteworthy
- John Marshall Award, US Department of Justice (2020)
- Assistant Attorney General Award – Individual Award, US Department of Justice, Antitrust Division (2019)
- Assistant Attorney General Award – Team Award, US Department of Justice, Antitrust Division (2019)
- Assistant Attorney General Award – Team Award, US Department of Justice, Antitrust Division (2017)
Previous Employment
- Chief, Civil Conduct Task Force, Antitrust Division, U.S. Department of Justice
- Trial Lawyer, Media, Entertainment, and Professional Services Section, Antitrust Division, U.S. Department of Justice
Professional Affiliations
- California Lawyers Association, Advisor and Past Chair of the Board of Directors (2014 – Present)
- California Lawyers Association, Member and Secretary of the Board of Directors, Chair of the Governance Committee (2016 – 2018)