Overview
Michael Weiner brings significant experience advising clients across the spectrum of antitrust matters, focusing on merger reviews and litigation, resolving government investigations, effectively litigating antitrust issues across a broad range of industries, and providing strategic counseling and compliance advice.
Michael is known for his deep knowledge and innovative approach to assist clients. Recognized by Chambers USA, he is praised by commentators who note that he is a "subject matter expert who is easy to work with and quick to respond" and has received recognition for his "antitrust clearance advice" and his "follow-on litigation work." Chambers USA has also reported that commentators consider him "extremely knowledgeable on substantive antitrust law and, better yet, he's easy to work with." In addition, he has been recommended in Legal 500, named a national and New York "litigation star" in Benchmark Litigation, recognized as a "Thought Leader" by Global Competition Review's Who's Who Legal, and listed in Chambers Global, International Who's Who of Competition Lawyers, Global Counsel Handbooks' Competition Law, and The Best Lawyers in America.
Michael currently serves as an Executive Committee member for the New York State Bar Association's Antitrust Section, where he previously served as Chair. He is a former Officer and Council Member of the American Bar Association's Antitrust Section and a former Editorial Chair of Antitrust Magazine. Michael also serves on the editorial board of World Competition Law and Economics Review, and frequently speaks and writes on a broad range of antitrust/competition issues.
- New York
- J.D., Georgetown University Law Center, 1980, magna cum laude
- B.A., University of Pennsylvania, 1976, cum laude
Representative Matters
Merger Clearance
- Obtained unconditional clearance after a US Second Request and an EC Phase II investigation for the acquisition of Inmarsat by Viasat, two leading satellite communications providers.
- Represented American Express Global Business Travel in the US and international antitrust review of its acquisitions of Egencia and of Ovation, as well as of Hogg Robinson Group.*
- Successfully overcame horizontal and vertical merger issues for Fresenius Medical Care to close the multibillion-dollar acquisition of the largest home hemodialysis equipment supplier.*
- Provided creative transaction structuring advice that was critical in facilitating the $18 billion investment by SK hynix in Toshiba's NAND (flash memory) business.*
- Successfully provided antitrust advice to Centennial Communications in its sale to AT&T Wireless and to Rural Cellular in its acquisition by Verizon Wireless.*
- Successfully represented Yahoo, Inc. in the global antitrust review of its internet search joint venture with Microsoft.*
- Designed an innovative remedy that won FTC approval for Genzyme to acquire Ilex Oncology.*
- Represented Avis in the antitrust review in the United States and internationally of its acquisition of Budget.*
Antitrust Litigation
- Helped secure summary judgment for Aquestive in US federal litigation regarding antitrust conspiracy and product-hopping allegations brought by 42 state attorneys general.
- Represented Travelport Inc. in a high-profile monopolization and antitrust conspiracy lawsuit with American Airlines.*
- Represented Realogy Corp. in an antitrust class action involving residential real estate brokerage commissions.*
- Successfully resolved antitrust class action litigation for AXIS Specialty Insurance Company and AXIS Surplus Insurance Company.*
- Represented Christie's Inc. in litigation involving alleged price-fixing in art auction commissions.*
- Defended a large Chinese state-owned enterprise against allegations of price-fixing.*
*Matters handled at prior firm.
Speaking Engagements
- 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
- "US M&A Consideration of Future Competitiveness of Merging Parties," New York State Bar Association Antitrust Section, July 16, 2020
- Mock Trial, United States v. Friendbook and Meetheart, New York State Bar Association Antitrust Section, March 5, 2020
- Moderator, "In-house Counsel Showcase: Industrial Policy Considerations in Merger Control," Concurrences, December 6, 2019
- "Non-horizontal Mergers," Global Competition Review 2nd Annual Merger Control Conference, October 29, 2019
- Moderator, "Consumer Welfare under Pressure: Time for a Restatement?," Fair Trade Advocacy Office on Sustainability and Competition Policy, October 24, 2019
News & Publications
Antitrust & Competition Blog
Disappearing No More: Maintaining Electronic Messages for Antitrust Investigations
January 30, 2024
By: Michael L. Weiner, John J. Kavanagh, Lee Berger, Travis West
Antitrust & Competition Blog
January 24, 2024
By: Michael L. Weiner, John J. Kavanagh, Lee Berger, Travis West
Antitrust & Competition Blog
DOJ and FTC Finalize Merger Guidelines
December 19, 2023
By: Michael L. Weiner, John J. Kavanagh, Lee Berger, Douglas G. Green, Travis West
Antitrust & Competition Blog
DOJ/FTC Draft Merger Guidelines: More Second Requests and More Merger Litigation
July 20, 2023
By: Michael L. Weiner, Lee Berger, Douglas G. Green, John J. Kavanagh, Pantelis Michalopoulos
Client Alerts
Proposed Premerger Notification Changes: Far More Burdensome Requirements
June 30, 2023
Press Releases
Steptoe Receives 25 Practice, 72 Individual Mentions in Chambers USA 2023
June 1, 2023
Client Alerts
February 10, 2023
Antitrust & Competition Blog
The FTC Updates Size of Transaction Thresholds and Filing Fees for Premerger Notification Filings
January 24, 2023
By: Michael L. Weiner, John J. Kavanagh, Lee Berger, Travis West
Client Alerts
FTC Issues Proposed Rules to Ban Noncompete Clauses and Takes Unprecedented Enforcement Action
January 10, 2023
Antitrust & Competition Blog
DOJ Blocks the Penguin/Simon & Schuster Deal: A Signature Antitrust Win for the Biden Administration
November 10, 2022
Resources
Events
Seminars & Events
Fifth Annual Regulatory Symposium
November 30, 2023
Speakers: Ruxandra Cana, Elizabeth A. Cassady, Tod Cohen, Micah S. Green, Anne-Gabrielle Haie, Pantelis Michalopoulos, Michael L. Weiner
Seminars & Events
Fourth Annual Regulatory Symposium: Inflation-Killers?
November 10, 2022
Speakers: Shaun Boedicker, Ruxandra Cana, Elizabeth A. Cassady, Pantelis Michalopoulos, Tim Strafford, Michael L. Weiner
Seminars & Events
Third Annual Regulatory Symposium
December 9, 2021
Speakers: Shannen W. Coffin, Micah S. Green, William M. Keyser, Pantelis Michalopoulos, Michael L. Weiner
Webinars
Antitrust Enforcement in the Biden Administration
April 15, 2021
Speakers: John J. Kavanagh, Michael L. Weiner, Rachel B. Peck
Noteworthy
-
Lexology USA, Thought leader: Competition Law (2023)
- Best Lawyers in America, "Lawyer of the Year," Antitrust Law, New York (2021)
- Legal 500, Antitrust: Merger Control and Antitrust: Civil Litigation/Class Actions: Defense
- Chambers USA, Band 2, Antitrust, New York (2021-2023)
- Chambers Global, Antitrust
- Benchmark Litigation, Litigation Star, National
- Benchmark Litigation, Litigation Star, New York
- Global Competition Review's Who's Who Legal, Thought Leader – Competition, 2022
- Global Competition Review's Who's Who Legal, Global Leader – Competition, 2021
- PLC Global Counsel Handbook, Competition Law
- Best Lawyers in America, Antitrust Law
- Super Lawyers, New York, Antitrust Litigation
- JD Supra, Readers' Choice Awards Top Author
Professional Affiliations
- New York State Bar Association Antitrust Section, Executive Committee Member (2003 – present); Chair (2017)
- American Bar Association Antitrust Section, Secretary and Chief Communications Officer (2002); Council Member (1998 – 2001); Antitrust Magazine Editor-in-Chief (1994 – 1998)