Image: Michael F. Murray

Michael F. Murray

Partner, Litigation Department

Overview

Michael Murray is a litigation partner in the Antitrust and Competition, Appellate, Regulatory, and Complex Litigation practices of Paul Hastings and is 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.

While at the Antitrust Division, Mr. Murray supervised numerous significant civil antitrust matters—including merger and conduct investigations, litigation, settlements, and appeals—and criminal prosecutions, including investigations, trials, and appeals. He led teams that brought novel and traditional merger challenges, launched significant monopolization cases, litigated the first-ever live-witness Tunney Act hearing, negotiated complex merger divestitures, settled the largest consent decree enforcement in decades, and investigated complex conduct matters through the Civil Conduct Task Force and the new Financial Services, Fintech, and Banking Section. Mr. Murray personally argued the largest vertical merger appeal and the most significant monopolization appeal in recent decades and filed over fifty Supreme Court, appellate court, and district court briefs on unilateral and joint conduct, class actions, labor, exemptions and immunities, criminal law, and intellectual property. He also oversaw all criminal matters, from preliminary investigation to Supreme Court, including cases involving financial and labor markets (e.g., the first-ever wage-fixing case and no-poach matters), compliance programs, and ACPERA. Mr. Murray had direct involvement in matters across a range of industries, including fintech, financial services, banking, media, entertainment, digital platforms, telecommunications, health care, consumer products, transportation, and agriculture. He also led case coordination and policy development with international competition agencies, as well as state enforcers.  Finally, he supervised litigation involving dozens of regulatory challenges to agency rulemaking or other administrative action for agencies including the FCC, DOT, STB, and FERC.

Mr. Murray joined the Antitrust Division from the Office of the Deputy Attorney General, where he served as an Associate Deputy Attorney General. In that office, he had oversight responsibility for the Antitrust Division, the Civil Division, and criminal law policy initiatives. Mr. Murray served on the Deputy Attorney General’s Corporate Enforcement and Accountability Working Group, which issued policies on ability to pay determinations and piling on, the Associate Attorney General’s Regulatory Reform Task Force, which issued policies on the use of guidance documents, and the Civil Division’s Affirmative Civil Litigation Group, which issued policies on the False Claims Act. During his tenure, he oversaw the Civil Division’s defense of high-profile rulemaking challenges, administrative adjudications, and other agency actions from nearly every cabinet department.

Mr. Murray previously was in private practice, where he litigated a variety of antitrust, commercial, and regulatory disputes at the appellate and trial levels, and served as an Assistant United States Attorney in the U.S. Attorney’s Office for the Eastern District of Virginia, where he supervised, briefed, argued appeals, and prosecuted cases in district court. He clerked on the U.S. Court of Appeals for the Ninth Circuit for Judge Diarmuid F. O’Scannlain and on the U.S. Supreme Court for Justice Anthony M. Kennedy. 

Recognitions

  • The National Law Journal, Rising Star (2023)
  • The Legal 500 USA, Civil Litigation/Class Actions: Defense (2022)
  • The Legal 500 USA, Merger Control (2022)
  • Mitigating Labor Antitrust Risks as Enforcement Ramps Up, Law360 (June 16, 2022)
  • Life Sciences and IP: Navigating the Current Antitrust Environment (December 1, 2021)
  • How To Mitigate Antitrust Risk In ESG Efforts, Law360 (October 19, 2021)
  • Antitrust Enforcement in Labor Markets, 59 SANTA CLARA L. REV. 561 (2020)
  • Private Management of Public Spaces, 34 HARV. ENVTL. L. REV. 179 (2010)
  • Note, The Law of Describing Accidents, 118 YALE L.J. 1484 (2009)

Education

  • Yale University, J.D., 2009
  • Princeton University, A.B. (summa cum laude), 2006

Representations

Antitrust

  • Align Technologies, the maker of "Invisalign," in the defense of multi-district antitrust lawsuits alleging that Align has monopolized the markets for aligners and intraoral dental scanners.
  • Manufacturer of industrial products in merger investigation.
  • Software company in merger investigation.
  • Multiple trade associations in variety of antitrust matters.
  • Major medical device company in litigation at intersection of antitrust and intellectual property.
  • Major pharmaceutical company in antitrust investigation.
  • Major pharmaceutical company in global risk assessment of business structure.
  • Financial services company before government agencies.
  • Fintech company in antitrust investigation.
  • Significant agricultural company in litigation at intersection of antitrust, employment, and labor.
  • Entertainment company in government investigation.
  • 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

  • Trade association regarding multiple rulemakings by cabinet agency.
  • Trade association in challenge to independent agency rulemaking.
  • 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).*

 

  • Led DOJ team successfully defending broadcast station ownership rules that had been struck down by Third Circuit three times over twenty years (Prometheus Radio Corp. v. FCC, Supreme Court).*
  • Helped challenge TCPA rules regarding autodialers (ACA International v. FCC, Sixth Circuit).*
  • Helped prepare challenges to financial regulations issued by banking agencies.*

 

Engagement & Publications

  • 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)
  • 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)

Involvement

  • Vice-Chair of the ABA Antitrust Section’s Federal Civil Enforcement Committee 
  • U.S. Chamber of Commerce Antitrust Council

Practice Areas

Antitrust and Competition
Investigations and White Collar Defense
Intellectual Property
Appellate Litigation
Litigation

Languages

English

Admissions

District of Columbia Bar
Maryland Bar

Education

Yale Law School, J.D. 2009
Princeton University, A.B. 2006

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