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Overview
Michael Murray is Co-Chair of the Antitrust and Competition practice and a partner in the Appellate, Regulatory, and Complex Litigation practices at Paul Hastings, based in the firm’s Washington, D.C. office. Mr. Murray brings significant government antitrust and competition experience, having most recently served as the Principal Deputy Assistant Attorney General in the Antitrust Division at the Department of Justice (DOJ), where he oversaw the work of approximately 350 lawyers and 50 economists. Mr. Murray also brings significant government experience to a practice consisting of preparing and litigating challenges to agency rulemaking, adjudication, or other activity, having served as an Associate Deputy Attorney General at DOJ, where he oversaw the Civil Division’s defense of high-profile rulemaking challenges and other agency actions.
Earlier in his career, Michael clerked for Justice Anthony M. Kennedy of the U.S. Supreme Court and Judge Diarmuid F. O'Scannlain of the U.S. Court of Appeals for the Ninth Circuit. He also served as an AUSA for the U.S. Attorney's Office for the Eastern District of Virginia.
Recognitions
- The National Law Journal, Rising Star (2022)
- The Legal 500 US, Civil Litigation/Class Actions: Defense (2023)
- The Legal 500 US, Merger Control (2023)
- The American Lawyer’s Litigator of the Week, Runner-Up (2024)
- Law360 Legal Lion of the Week (2024)
Education
- Yale University, J.D., 2009
- Princeton University, A.B. (summa cum laude), 2006
Representations
Antitrust
- Secured summary judgment for Align Technology, the maker of Invisalign, in a series of class actions alleging monopolization of multiple product markets through the use of alleged refusals to deal, discount programs, and bundling of goods and services. Following class certification in November 2023, the Paul Hastings team secured summary judgement in both cases, a complete win for our client. Paul Hastings was recognized as a “runner up” for The American Lawyer’s Litigator of the Week.
- Secured dismissal of CA Student Living, a real estate company, in the defense of multi-district antirust class-action lawsuits alleging that CA Student Living conspired to fix prices through the use of algorithmic revenue optimization software
- Represent Realtek Semiconductor in litigation over alleged monopolization and attempted monopolization with respect to the use of intellectual property
- Secured dismissal of CACI in antitrust litigation over alleged agreements regarding market allocation of naval engineers
- Secured dismissal of Mustang Pipeline, a joint venture of Exxon and Enbridge, from antitrust litigation involving alleged monopolization
- Represent biotechnology company bluebird in defense of antitrust and RICO claims over development of FDA-approved drug
- Represented Green Plains in litigation at intersection of antitrust, employment, and labor
- Represent NHK in series of class actions involving alleged price-fixing
- Represent numerous leading technology, financial services, and industrial companies in third-party merger litigation
- Represent numerous software, financial services, fintech, medical device, life sciences, and other companies in conduct investigations before federal agencies
- Represent manufacturer of industrial products in merger investigation.
- Represent software company in merger investigation.
- Represent multiple trade associations in variety of antitrust matters.
- Represent major medical device company in litigation at intersection of antitrust and intellectual property.
- Represent major pharmaceutical company in antitrust investigation.
- Represent major pharmaceutical company in global risk assessment of business structure.
- Represent financial services company before government agencies.
- Represent fintech company in antitrust investigation.
- Represent entertainment company in government investigation.
- Represent multiple entertainment and telecommunications companies in design and implementation of compliance systems and policies.
- Initiated novel Section 2 merger challenge in the financial services industry involving one of largest companies in the United States and a nascent competitor.*
- Litigated Section 7 merger challenge in the transportation technology industry from investigation through appeal.*
- Supervised first-ever live-witness Tunney Act hearing regarding merger consent decree, involving large pharmacy and insurance companies in health care industry.*
- Oversaw largest consent decree enforcement in the past twenty years, involving major players in media and entertainment industry.*
- Served as highest-ranking Antitrust Division official in technology investigations, which culminated in landmark Section 2 monopolization lawsuit.*
Appellate and Complex Litigation
- Co-lead counsel for trade association CCST in successful challenge to multiple rulemakings by U.S. Department of Education, resulting in nationwide preliminary injunction and successful Fifth Circuit appeal
- Lead counsel for trade association Chamber of Commerce of the United States of America in challenge to Consumer Financial Protection Bureau’s amendments to Regulation Z regarding credit card late fees, resulting in preliminary injunction and novel appellate proceedings.
- Lead counsel for health care trade association challenging Colorado regulatory regime on constitutional grounds
- Argued appeal of most significant vertical merger in past several decades in D.C. Circuit*
- Argued appeal of most significant monopolization case in past several decades in Ninth Circuit*
- Argued appeal of largest health care fraud sentence in nation’s history.*
- Led Federal Circuit en banc briefing on Section 101 patent eligibility issues.*
- Led DOJ team successfully defending neutrality rules (Mozilla Corp. v. FCC, D.C. Circuit).*
insights
Engagement & Publications
Engagements
- Antitrust Developments, Deerfield at Cure (Nov. 2023)
- Breaking News: FTC v. Amazon, ABA Panel (Oct. 2023)
- Biden at 2, ABA Trust and Trade Podcast (Feb. 2023)
- Beyond Spoofing: What’s Next for CFTC and DOJ Enforcement (Futures Industry Association, 2022)
- Antitrust in the Financial Sector: Competition in Traditional Banking Services (Concurrences, 2022)
- Regulatory Outlook (U.S. Chamber of Commerce, 2022)
- Life Sciences and IP: Navigating the Current Antitrust Environment (December 1, 2021)
- Vertically Challenged (ABA Panel, 2021)
- Courthouse Steps Decision Webinar: NCAA v. Alston (Teleforum, 2021)
- Implications of 1-800 Contacts v. FTC (ABA Panel, 2021)
- The Muscular Role for Antitrust in Fintech, Financial Markets, and Banking (University of Michigan Law School, 2020)
- Antitrust Federalism (George Mason University Law School, 2020)
- Recent Developments and Emerging Trends in Litigation (N.Y. State Bar Association, 2020)
- The Jurisprudence of Direct and Indirect Purchasers (International Business Competition Committee, 2019)
- Meet the DAAGs (ABA Spring Meeting, 2019)
- Innovation & Competition Policy (Mentor Group, 2019)
- Antitrust Enforcement in Labor Markets (Santa Clara University, 2019)
Publications
- “Shadow Settlements” and the Tunney Act, CPI Antitrust Chronicle (Nov. 2023)
- Mitigating Labor Antitrust Risks as Enforcement Ramps Up, Law360 (June 16, 2022)
- How To Mitigate Antitrust Risk In ESG Efforts, Law360 (October 19, 2021)
- Private Management of Public Spaces, 34 HARV. ENVTL. L. REV. 179 (2010)
- Note, The Law of Describing Accidents, 118 YALE L.J. 1484 (2009)
Involvement
- Vice-Chair of the ABA Antitrust Section’s Unilateral Conduct Committee
- Former Vice-Chair of the ABA Antitrust Section’s Federal Civil Enforcement Committee
- U.S. Chamber of Commerce Antitrust Council