Thomas O. Barnett
Covington & Burling LLP
¾ Antitrust & Consumer Law
¾ White Collar Defense & Investigations
¾ Energy Regulation
¾ Energy & Natural Resources
· Oil & Gas - Downstream
· Oil & Gas - Upstream
· Renewables & Cleantech
¾ Strategic Risk & Crisis Management
¾ Media, Internet & Technology
Harvard Law School, J.D., 1989
London School of Economics, M.Sc., 1986
Yale University, B.A., 1985
¾ Hon. Harrison L. Winter, U.S. Court of Appeals, Fourth Circuit, 1989-1990
¾ District of Columbia
Thomas Barnett is a partner in the Washington, DC office and co-chair of the firm's Antitrust & Consumer Law Practice Group. He specializes in global antitrust and competition law practice and works closely with the firm’s white collar practice on criminal antitrust enforcement and investigative matters.
Mr. Barnett served as Assistant Attorney General in charge of the Justice Department’s Antitrust Division. He headed the Antitrust Division from 2005 to 2008, having previously served in the Division as Deputy Assistant Attorney General for Civil Enforcement from 2004 to 2005. During his tenure, Mr. Barnett was involved in some of the largest and most complicated criminal matters in the Division’s history, including investigations and prosecutions that involved coordination with multiple competition authorities in other jurisdictions. In the merger area, Mr. Barnett oversaw the review of all mergers investigated by the Division and supervised more than 30 cases filed in federal district court. He also oversaw an active competition advocacy program that included numerous amicus briefs filed with the U.S. Supreme Court on antitrust issues and comments to a wide range of federal and state agencies. He argued before the U.S. Supreme Court as amicus on behalf of the United States in Bell Atlantic Corp. v. Twombly and testified several times before Congressional committees.
While at the Antitrust Division, Mr. Barnett worked with international antitrust authorities throughout the world and served in leadership positions in key international competition organizations, such as chairing the Working Party on International Cooperation and Enforcement of the OECD Competition Committee and serving on the Steering Committee of the International Competition Network.
Mr. Barnett received the Edmund Randolph Award, the U.S. Department of Justice’s highest honor, for his service in the Division.
Prior to 2004, Mr. Barnett was a leader in the firm’s Antitrust & Consumer Law Practice Group. He counseled Fortune 500 companies on all aspects of antitrust law and was involved in mergers and acquisitions, government antitrust investigations, and antitrust litigation involving a wide range of industries. He served as an adjunct professor at Georgetown University Law Center, teaching a course on antitrust and intellectual property issues in sports in 2001 and 2003, and as a co-teacher of an advanced antitrust seminar at the University of Virginia Law School multiple times between 1991 and 2004.
¾ Representation of Merck in obtaining clearance from Federal Trade Commission for its $41 billion merger with Schering-Plough.
¾ Representation of Facebook in obtaining merger review clearance for acquisition of Instagram.
¾ Amylin Pharmaceuticals, Inc. v. Eli Lilly and Company (Southern District of California) - Counsel for Lilly in defeating motion for preliminary injunction and in affirmance on appeal.
¾ In re: On-Line Travel Company (OTC)/Hotel Booking Antitrust Litig., (multidistrict litigation) - Counsel for Expedia.
¾ Representation of Expedia in connection with Google/ITA transaction and in FairSearch.org.
¾ Vandenberg v. ARAMARK Educational Services, Inc. et al. (Jefferson County Circuit Court, AL) - Counsel for ARAMARK in successful motion to dismiss all claims.
Honors and Rankings
¾ Chambers USA, Antitrust (2011-2013)
¾ Legal 500 US, Recognized for Antitrust (2010-2012)
¾ Euromoney's Benchmark Litigation, National Star - Antitrust and State Star for DC (2010)
Memberships and Affiliations
¾ American Bar Association Section of Antitrust Law
¾ "Striving for Better Competition Enforcement," William Kovacic: An Antitrust Tribute, Liber Amicorum Vol. I (2013), Co-Author
¾ "U.S. Antitrust Agencies Issue Revised Horizontal Merger Guidelines," Covington E-Alert (8/24/2010), Co-Author
¾ "District Court Permits Reverse Payment Case to Proceed To Discovery," Covington E-Alert (4/1/2010), Co-Author
¾ "Top 10 Competition Law Developments of 2009," Covington Report (February 2010), Co-Author
¾ "FTC Announces New Lower HSR Filing Thresholds Effective February 22, 2010," Covington E-Alert (1/22/2010), Co-Author
¾ "Price Squeeze Claims Succumb to Need for “Clear Rules”," Global Competition Policy (4/15/2009), Co-Author
Presentations and Speeches
¾ "Contrasting the EU and US Sanctioning Approaches," Conference on Deterring EU Competition Laws Infringements: Are We Using the Right Sanctions? (December 2012)
¾ "Avoiding Second Requests," ABA Antitrust Section Webinar (December 2012)
¾ "Competition Enforcement in a Flattened World," U.S. Mexico Bar Association 2012 Annual Meeting (November 2012)
¾ "Competition in Online Markets/Internet Search Issues," before Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights (September 2011)
¾ "Procedural Fairness, Transparency, and Institutional Design," ABA/IBRAC Antitrust in the Americas Conference (June 2011)
¾ "The Impact of China’s Antitrust Law and Other Competition Policies on U.S. Companies," before House Judiciary Subcommittee on Courts and Competition Policy (July 2010)