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Thomas Barnett is a partner in the Washington, DC office and co-chair of the firm's Antitrust & Competition Law Practice Group. 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. 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.
During his tenure at the Department of Justice, Mr. Barnett:
- Oversaw the review of all mergers investigated by the Division and supervised more than 30 cases filed in federal district court.
- 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.
- Led 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.
- Argued before the U.S. Supreme Court as amicus on behalf of the United States in Bell Atlantic Corp. v. Twombly.
- Testified several times before Congressional committees.
- 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.
- 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 also 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.
- Representation of Facebook in obtaining merger review clearance for acquisitions of WhatsApp and Instagram.
- Representation of Expedia in its acquisition of Orbitz.
- Representation of Merck in obtaining clearance from Federal Trade Commission for its $41 billion merger with Schering-Plough.
- In re: On-Line Travel Company (OTC)/Hotel Booking Antitrust Litig., (multidistrict litigation) - Counsel for Expedia in obtaining dismissal of all claims in MDL litigation.
- 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.
- Representation of Expedia in connection with Google/ITA transaction and in FairSearch.org.
- Vandenberg v. ARAMARK Educational Services, Inc. et al. (Jefferson County Circuit Court, AL) - Counsel for ARAMARK in successful motion to dismiss all claims.
Memberships and Affiliations
- American Bar Association Section of Antitrust Law
Previous Experience
- U.S. Department of Justice, Antitrust Division
- Deputy Assistant Attorney General (2004-2005)
- Acting Assistant Attorney General (2005-2006)
- Assistant Attorney General (2006-2008)
DOJ to Credit Compliance Programs and Consider Deferred Prosecution Agreements in Cartel Cases
July 15, 2019, Covington Alert
The U.S. Department of Justice Antitrust Division has long been out-of-step with the rest of the DOJ in refusing to consider the compliance programs of corporate antitrust offenders in charging or sentencing decisions. But on July 11, 2019, Assistant Attorney General Makan Delrahim announced fundamental and sweeping changes to the Division’s approach to ...
May 16, 2019, Covington Alert
On May 13, 2019, the Supreme Court (“the Court”) announced its 5-4 decision in Apple, Inc. v. Pepper, permitting iPhone users to proceed with an antitrust suit against Apple alleging that it monopolized the retail market for iPhone apps.
March 11, 2019, Covington Alert
This alert summarizes the major antitrust/competition developments in 2018 and offers a view on what to expect in 2019 in the U.S., EU and China.
January 9, 2018, Covington Alert
2017 was another year of active enforcement globally—including in the U.S., despite the start of a new Presidential Administration touting an aggressive deregulatory agenda. Transactions in consolidated industries drew enforcement fire in both Europe and the United States (Dow/DuPont, ChemChina/Syngenta, Bayer/Monsanto, AT&T/TimeWarner). And, in March, the UK ...
March 30, 2017, Law360
Thomas Barnett is quoted in a Law360 article regarding competition policy under President Trump. Barnett recalls that one of the first competition policy acts of the Obama Administration was to formally withdraw the contentious report on monopoly conduct under Section 2 of the Sherman Act that had just been issued at the end of the Bush administration. Although ...
January 19, 2017, The Litigation Daily
The Litigation Daily highlights a recent client alert on competition law enforcement trends by Johan Ysewyn, Thomas Barnett, and Deborah Garza. Under President Trump, Covington lawyers "expect enforcement policy to shift back to a more traditional conservative approach similar to that of the George W. Bush administration. We will also be watching the extent to ...
January 18, 2017, Covington Alert
2016 was another year of active enforcement globally. It was also a year of big changes of uncertain impact. June saw the dramatic vote by the United Kingdom to withdraw from the European Union—a development which we do not expect will have concrete antitrust implications in 2017, given that the UK government has not yet formally started the “Brexit process,” ...
Former DG COMP State Aid Official Sophie Bertin Joins Forces With Covington's EU Competition Practice
April 20, 2016
BRUSSELS — Sophie Bertin, a former senior official who served as Head of Unit in the “Financial Crisis” Task Force within the Directorate-General for Competition at the European Commission, has joined forces with Covington’s global antitrust and competition practice. Ms. Bertin will be working with the firm’s Brussels and London offices. At DG COMP, Ms. Bertin ...
Covington Wins ‘Merger Control Matter of the Year’ Award
April 6, 2016
WASHINGTON, DC — Global Competition Review has selected Expedia’s $1.3 billion acquisition of Orbitz Worldwide as its “Merger Control Matter of the Year - Americas” at the GCR Awards 2016. Covington partners Thomas Barnett and Anne Lee served as lead antitrust counsel to Expedia during the transaction. The acquisition triggered a U.S. Department of Justice ...
April 4, 2016
BRUSSELS — Kevin Coates, a former senior official who served as Head of one of the Cartels Units at the Directorate-General for Competition at the European Commission between 2012 and 2016, has joined Covington’s antitrust and competition practice. Over the last 16 years, Mr. Coates has held several senior positions within DG COMP and before that served as ...
Covington Receives Top Tier Rankings from Legal 500 U.S.
June 9, 2015
WASHINGTON, DC, June 9, 2015 — The Legal 500 U.S. has ranked Covington as a top tier firm in nine practice areas and recognized 25 individual attorneys as “Leading Lawyers” in the directory’s 2015 edition. Additionally, Legal 500 recommended 36 Covington practice areas and 156 Covington lawyers. Top tier rankings include: Antitrust - Cartel Antitrust ...
January 16, 2015
WASHINGTON, DC, January 16, 2015 — For the second consecutive year, Law360 named Covington’s antitrust and competition practice one of the top “Competition Practice Groups of the Year.”Law360 recognized Covington for securing the dismissal of separate antitrust suits against clients Samsung Electronics Co. Ltd., JP Morgan Chase & Co., and Expedia, Inc. The ...
LabCorp Acquires Covance In $6.1B In Cash-Stock Deal
November 3, 2014, Law360
Covington partners Thomas Barnett, Miranda Cole and Anne Lee provided antitrust counsel to research firm Covance in this $6 billion deal in which Covance was acquired by Laboratory Corp of America Holdings.
October 27, 2014
Brussels, 27 October, 2014 — Covington & Burling is pleased to announce that Andrea Zulli is joining the firm’s EU competition group. Mr. Zulli was previously head of the Italian antitrust and competition group at a leading international practice. Mr. Zulli will be resident in the firm’s Brussels office, and will play an important role in the firm’s EU ...
10/30/2014
SAN FRANCISCO, October 29, 2014 — The California State Bar’s Antitrust & Unfair Competition Section recognized Covington & Burling partner Phillip Warren as the 2014 “Antitrust Lawyer of the Year.” Mr. Warren was honored at the 24th annual Golden State Antitrust and Unfair Competition Law Institute & Antitrust Lawyer of the Year event on October 16 in San ...
October 9, 2014, Global Competition Review
October 9, 2014, Global Investigations Review
Strategies for navigating joint antitrust division and criminal division investigations
October 9, 2014, Global Competition Review
Thomas Barnett, Lanny Breuer, Deborah Garza, Mythili Raman and Phillip Warren have written this article on what potential subjects should keep in mind as they attempt to navigate joint investigations by DOJ’s Criminal and Antitrust Divisions: "In recent years, the US Department of Justice’s antitrust and criminal divisions have announced massive, joint ...
Former San Francisco DOJ Antitrust Chief Joins Covington
May 30, 2014
SAN FRANCISCO, May 30, 2014 — Phillip Warren, former chief of the San Francisco office of the U.S. Department of Justice’s Antitrust Division, has joined Covington & Burling as a partner. He will practice in the firm’s global antitrust and competition law practice and be resident in the San Francisco office. Mr. Warren has more than 30 years of antitrust ...
4/30/2014
Brussels, 30 April, 2014 — Covington & Burling is pleased to announce that Johan Ysewyn and Peter Camesasca are joining the firm's Brussels office as partners, where they will play substantial roles in the firm’s global antitrust and competition practice. The additions of Mr. Ysewyn and Dr. Camesasca will strengthen the firm’s existing EU competition team in ...
November 21, 2013
WASHINGTON, DC, November 21, 2013 — Washingtonian magazine has named 34 Covington & Burling attorneys as “Best Lawyers” in its December issue. The biennial list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the hundreds of “Best Lawyers” identified in the issue, Washingtonian spotlights 14 leading Washington ...
June 19, 2013, Covington E-Alert
2013, William Kovacic: An Antitrust Tribute, Liber Amicorum Vol. I
Contrasting the EU and US Sanctioning Approaches
December 2012, Conference on Deterring EU Competition Laws Infringements: Are We Using the Right Sanctions?
Competition Enforcement in a Flattened World
November 2012, U.S. Mexico Bar Association 2012 Annual Meeting
August 27, 2012
WASHINGTON, DC, August 27, 2012 — Covington & Burling LLP lawyers received 196 individual mentions in 57 areas of law in the 2013 edition of The Best Lawyers in America. This annual compilation of top U.S. lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as ...
August 10, 2012
WASHINGTON, DC, August 10, 2012 — Covington & Burling LLP is pleased to announce that partner Theodore Voorhees has been named chair of the American Bar Association’s Section of Antitrust Law for the 2012-13 term. Covington’s Katherine Sauser will serve as the chair assistant. “It is exciting and a great honor to become chair at a time of historic proliferation ...
Covington Lawyers Recognized by D.C. Super Lawyers
May 2, 2012
WASHINGTON, DC, May 2, 2012 — D.C. Super Lawyers selected 64 Covington & Burling lawyers for its 2012 list of top legal talent. Super Lawyers selects no more than five percent of the total lawyers who practice in Washington based on peer review and the publication’s independent research. Deborah Garza and Robert Long have been named among the “Top 100” for ...
Covington Named to GCR’s Global Elite
February 6, 2012
BRUSSELS, 6 February, 2012 — The Global Competition Review has named Covington & Burling to the Global Elite, a list of the top 20 competition practices worldwide recognised in its annual GCR 100 rankings. The 2012 edition of the publication’s GCR 100 provides extensive analysis of antitrust groups in 41 jurisdictions around the world. In honoring Covington, ...
November 30, 2011
WASHINGTON, DC, November 30, 2011 — Washingtonian magazine has named 34 Covington & Burling attorneys as “Best Lawyers” in its December issue. The biennial list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the approximately 800 “Best Lawyers” identified in the issue, Washingtonian included profiles of 31 ...
November 18, 2011
WASHINGTON, DC, November 18, 2011 — Ireland has appointed Stephen Calkins, a widely respected of counsel with Covington & Burling’s antitrust practice, to lead the Mergers Division of its Competition Authority. “I am delighted that such highly qualified personnel have agreed to serve as members of the Competition Authority,” said Richard Bruton, Ireland’s ...
September 16, 2011
WASHINGTON, DC, September 16, 2011 — The American Bar Association’s Section of Antitrust Law has selected Ted Voorhees as chair-elect for the coming year and eight additional Covington lawyers to its leadership team. “It is exciting and a great honor to become chair-elect at a time of historic proliferation of competition law regimes throughout the world,” Mr. ...
Competition in Online Markets/Internet Search Issues
September 2011, before Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights
June 10, 2011
WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 123 individual mentions and 45 practice mentions in Chambers USA 2011. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...
June 9, 2011
WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 92 individual mentions and 32 practice mentions in the Legal 500 US 2011 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...
Procedural Fairness, Transparency, and Institutional Design
June 2011, ABA/IBRAC Antitrust in the Americas Conference
Covington Adds Top Antitrust and White Collar Litigators
March 11, 2011
WASHINGTON, DC, March 11, 2011 — Covington & Burling LLP announced today that four highly regarded and seasoned antitrust litigators are joining the firm. John Nields, Alan Wiseman, Andrew Lazerow and Jason Raofield, all partners from Howrey LLP, will be resident in Covington’s Washington office effective Monday. “This group significantly expands the depth and ...
August 24, 2010, Covington E-Alert
August 6, 2010
WASHINGTON, DC, August 6, 2010 — Covington & Burling LLP received 138 individual mentions in 40 areas of law in the 2011 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...
Covington Advises SandRidge Energy on Closing of Merger with Arena Resources, Creating a $6.2 Billion Company
July 20, 2010
NEW YORK, July 20, 2010 — SandRidge Energy, Inc. has completed its acquisition of Arena Resources, Inc., creating a combined company with an enterprise value of approximately $6.2 billion. Covington & Burling LLP advised SandRidge Energy on the transaction. The merger closed on July 16 following special meetings of the stockholders of each company. The ...
The Impact of China’s Antitrust Law and Other Competition Policies on U.S. Companies
July 2010, before House Judiciary Subcommittee on Courts and Competition Policy
June 23, 2010
WASHINGTON, DC, June 23, 2010 — Covington & Burling LLP received 85 individual mentions and 23 practice mentions in the Legal 500 US 2010 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...
April 1, 2010, Covington E-Alert
January 22, 2010, Covington E-Alert
Washingtonian Names 25 Covington Attorneys ‘Top Lawyers’
11/23/2009
WASHINGTON, DC, November 23, 2009 — Twenty-five Covington & Burling LLP attorneys are recognized as “Top Lawyers” in the December issue of Washingtonian magazine. The list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the “Top Lawyers,” Washingtonian identified 30 as “stars of the bar.” Among them is Michael ...
7/22/2009
NEW YORK, NY, July 22, 2009 — Medarex and Bristol-Myers Squibb announced today that Bristol-Myers Squibb entered into an agreement for Bristol-Myers Squibb to acquire all of the outstanding stock and stock equivalents of Medarex for $16.00 in cash per share, or aggregate consideration of $2.4 billion. Covington & Burling LLP advised Medarex on the ...
April 15, 2009, Global Competition Policy
Senior DOJ Antitrust Official Joins Covington as Co-Chair of Global Competition Practice
3/23/2009
WASHINGTON, DC, March 23, 2009 — Covington & Burling LLP is pleased to announce that Deborah Garza, who most recently served as Acting Assistant Attorney General in charge of the Justice Department’s Antitrust Division, has joined the firm. Ms. Garza will co-chair, along with Thomas O. Barnett, the firm’s global antitrust and competition law practice. Ms. Garza ...
1/28/2009
WASHINGTON, DC, January 28, 2009 — Covington & Burling LLP is pleased to announce that Thomas O. Barnett, who most recently served as Assistant Attorney General in charge of the Justice Department’s Antitrust Division, has rejoined the firm. Mr. Barnett began his career in private practice at Covington and was an antitrust partner at the firm until he joined the ...
- Chambers USA, Antitrust (2011-2019)
- Chambers Global, Competition/Antitrust (2014-2019)
- Best Lawyers in America, Antitrust (2013-2019)
- Who's Who Legal, Competition (2013-2019)
- Legal 500 US, Recognized for Antitrust (2010-2017)
- Euromoney's Benchmark Litigation, National Star - Antitrust and State Star for DC (2013-2014)
- Washington DC Super Lawyers, Mergers & Acquisitions (2014-2019)
- Washingtonian, Antitrust "Top Lawyer" (2013)