Michael Perry is a Partner in the Antitrust and Competition Practice at Baker Botts. Clients rely on his extensive experience to advise them 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. Michael has particular experience in the healthcare, life sciences, and technology sectors, including issues involving the intersection of antitrust and intellectual property law.
Michael 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, Michael 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 healthcare sectors.
A graduate of Stanford Law School, Michael 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.). He currently serves in the leadership of the Antitrust section of the American Bar Association as Senior Editor of the Antitrust Law Journal.
Michael has been recognized as a leading antitrust practitioner by Law360 (2019), The Legal 500 (2019, 2017), Who's Who Legal (2019), and Global Competition Review (2017).
- Representing Novartis in the sale of its Sandoz division’s U.S. dermatology and generic oral solids portfolio to Aurobindo.
- In re Humira Antitrust Litigation (N.D. Ill.). Representing Sandoz in defense of antitrust claims related to the settlement of patent infringement claims involving Sandoz’ biosimilar version of Humira.
- Representing Indorama Ventures in its acquisition of Huntsman’s integrated oxides and derivatives businesses.
- Representing Arch Coal in its proposed joint venture with Peabody Energy combining the companies’ Powder River Basin and Colorado assets.
- Takeda v. Zydus (D.N.J.). Representing Zydus in sham litigation antitrust counterclaims.
- Represented Indorama Ventures in its acquisition, through a joint venture, of M&G Chemicals’ integrated PTA-PET plant under construction in Corpus Christi, Texas.
- 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.). Represented Fujifilm in antitrust litigation and related actions relating to magnetic tape cartridges.
- Haier America Trading v. Samsung Electronics (N.D.N.Y.). Represented 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 companies on Hatch-Waxman patent settlements.
- Represented leading pharmaceutical company in worldwide research, development, and commercialization collaboration.
- Represented trade associations in federal antitrust investigations.
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 "Future Star" by Law360, 2019
Recognized as a "Next Generation" lawyer by The Legal 500 U.S., 2019
Recommended in The Legal 500 U.S., 2017, 2019
Intellectual Property Report: November 2019
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
Moderator, Platform Regulation and Antitrust
Baker Botts will host a comprehensive CLE program in our Washington office on October 24, 2017.