Michael Perry is a Partner in the Antitrust and Competition Practice at Baker Botts. He focuses on advising clients in merger and non-merger antitrust investigations before the Federal Trade Commission and the U.S. Department of Justice, and in complex private and government antitrust litigation. Mr. Perry has particular experience in the healthcare, life sciences, and technology sectors, including issues involving the intersection of antitrust and intellectual property law.
Mr. Perry recently joined the firm after serving as Counsel to the Director of the Federal Trade Commission's Bureau of Competition from 2015 to 2016. In that front-office role, he was directly involved in many of the agency's most important antitrust enforcement actions, including both merger and non-merger matters. He played an integral role in the FTC's challenge to the proposed Sysco/U.S. Foods merger and other high-profile cases such as FTC v. Actavis, FTC v. Cephalon, FTC v. Advocate Health, and FTC v. St. Luke's Health System.
Prior to joining the front-office, Mr. Perry served as an Attorney in the FTC’s Health Care Division from 2010 to 2015, where he helped lead the agency's enforcement efforts in the pharmaceutical and health care sectors.
A graduate of Stanford Law School, Mr. Perry worked in private practice before serving as a law clerk for the Honorable Allyne R. Ross (E.D. N.Y.), and the Honorable Michael A. Chagares (3d Cir.). Mr. Perry currently serves in the leadership of the Antitrust section of the American Bar Association as an editor of the Antitrust Law Journal. He has been recognized in Global Competition Review's review of the Washington, D.C. antitrust bar, in which Baker Botts' Antitrust Practice was ranked as one of the leading "Outstanding" firms (2017), and by The Legal 500 U.S. (2017).
- Represented RealPage in its acquisition of Lease Rent Options and related assets from the Rainmaker Group.
- Represented Rockwater Energy Solutions in its merger with Select Energy Solutions.
- Sony v. Fujifilm (S.D.N.Y.). Representing Fujifilm in antitrust litigation and related actions relating to magnetic tape cartridges.
- Haier America Trading v. Samsung Electronics (N.D.N.Y.). Representing Columbia University in antitrust and other claims involving digital television technology.
- California v. Valero (N.D. Cal.) Represented Valero Energy in the California Attorney General’s challenge to the proposed acquisition of Plains All American Pipeline’s Bay Area terminals.
- Advising leading pharmaceutical company on Hatch-Waxman patent settlements.
- Representing healthcare trade associations in connection with federal antitrust investigations.
- Represented leading pharmaceutical company in worldwide research, development, and commercialization collaboration.
While at the FTC, Mr. Perry's experience included:
- Supervising merger and non-merger investigations in the healthcare, pharmaceutical, retail, grocery, energy, and technology industries.
- FTC v. Cephalon (E.D. Pa.). Responsible for major components of the FTC's enforcement action alleging unlawful reverse-payment patent settlements, which resulted in the largest monetary settlement in agency history.
- FTC v. Sysco (D.D.C.). Actively involved in the FTC's challenge to the proposed merger of Sysco and U.S. Foods.
- FTC v. St. Luke's Health System (D. Idaho). Represented the FTC at trial and post-trial proceedings in challenge to a consummated healthcare merger.
- FTC v. Actavis (N.D. Ga.). Following grant of certiorari, briefed and argued motion to unseal an exhibit attached to the FTC's complaint, which became part of the public Supreme Court record.
- Actelion Pharmaceuticals v. Apotex (D.N.J.). Lead author of FTC amicus brief addressing whether a pharmaceutical company's refusal to sell product samples to generic competitors may violate the antitrust laws.
Awards & Community
Recognized as a "Next Generation" lawyer by The Legal 500 U.S., 2019
Recommended in The Legal 500 U.S., 2017
ABA's Antitrust Magazine
The FDA’s and FTC’s Increased Focus on Generic Drug Competition Signals Enhanced Attention to REMS IssuesExternal Article
ABA’s Antitrust Health Care Chronicle
Association of Corporate Counsel CLE
Moderator, Platform Regulation and Antitrust
Baker Botts will host a comprehensive CLE program in our Washington office on October 24, 2017.