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Jon Leibowitz
Partner

Mr. Leibowitz is a partner in Davis Polk’s Washington DC and New York offices. His practice focuses on the complex antitrust aspects of mergers and acquisitions as well as government and private antitrust investigations and litigation. He also provides counsel in the developing areas of consumer protection and privacy law as well as advocacy involving Congress.

Mr. Leibowitz was Chairman of the Federal Trade Commission from 2009 through 2013 and Commissioner from 2004 to 2009. While at the FTC, he presided over a major revision of the Horizontal Merger Guidelines in collaboration with the Antitrust Division of the Department of Justice. He also headed multiple delegations of American government officials with counterparts on antitrust and privacy matters, including to China and the EU.

As Chairman, he was noted for leading the FTC’s efforts to protect the privacy of consumers and police single firm conduct. His tenure resulted in multiple Supreme Court victories involving hospital mergers, pharmaceutical arrangements and the State Action doctrines.

Work Highlights

Antitrust and Competition
  • Advised Comcast Corporation in connection with a number of regulatory matters and acquisitions
  • Advised Syngenta in connection with its successful defense of a $46 billion takeover proposal by Monsanto
  • Advised Syngenta in its announced $43 billion acquisition by ChemChina
  • Advised Bio-Reference Laboratories in connection with its $1.5 billion acquisition by OPKO health
  • Advised Zuffa/Ultimate Fighting Championship (“UFC”) on the antitrust aspects of its acquisition by William Morris Endeavor (“WME”)
  • Advised a global consumer products company in connection with a variety of antitrust issues and proposed acquisitions
  • Advised a client who received a third party subpoena as a major purchaser, in the proposed $6.3 billion dollar merger between Staples and Office Depot
  • Contacted a U.S. enforcement agency on behalf of an information services company to request an investigation into an industrial technology company regarding anti-competitive practices
  • Represented the board of directors of a global company into shareholder allegations that the board should have anticipated competition investigations by non-U.S. enforcement agencies
  • Regularly counsels trade associations in matters before Congress and agencies
Consumer Protection and Data Privacy
  • Advised Herbalife in connection with its $200 million settlement with the FTC relating to allegations that it engaged in unfair and deceptive acts and practices
  • Advised a manufacturing company in connection with an FTC “Made in America” investigation
  • Advised a global company in connection with an internal investigation into alleged security vulnerability
Advocacy and Public Policy
  • Routinely advises high-level executives, preparing them for testimony before Congress and other government agencies
  • Personally testifies before Congress, most recently, offering a critique of the Federal Communications Commission’s new regulatory broadband privacy proposal

Recognition

Mr. Leibowitz is consistently recognized as a leader in the legal industry:

  • Chambers USA – Recognized Practitioner: Antitrust
  • National Law Journal:
    • “Cybersecurity Trailblazer,” 2016
    • "Antitrust and M&A Trailblazer," 2015
  • Washington Business Journal – “Greater Washington Legal Champion,” 2014
  •  Benchmark Litigation – “Star”: National and Washington DC

Mr. Leibowitz is a member of Davis Polk’s Antitrust Group, which was named:

  • Law360 – “Competition Group of the Year,” 2012, 2014, 2015 and 2016

Of Note

Current Memberships
  • Co-Chair, 21st Century Privacy Coalition (a group of telecom companies and broadband providers seeking uniform federal privacy policies)

  • Member, Advisory Board, Reputation.com

Professional History

  • Partner, Davis Polk, 2013-present
  • Chairman, Federal Trade Commission, 2009-2013
  • Commissioner, Federal Trade Commission, 2004-2009
  • Vice President, Congressional Affairs, The Motion Picture Association of America, 2000-2004
  • Chief Counsel and Staff Director, U.S. Senate Antitrust Subcommittee, 1997-2000
  • Chief Counsel and Staff Director, Senate Subcommittee on Terrorism and Technology, 1995-1996
  • Chief Counsel and Staff Director, Senate Subcommittee on Juvenile Justice, 1991-1994
  • Chief Counsel, Senator Herb Kohl, 1989-2000
  • Counsel, U.S. Senator Paul Simon 1986-1987
  • Attorney, private practice, 1984-1986

Contact

  • 901 15th Street, N.W.
    Washington, DC
    20005
    P: +1 202 962 7050
    F: +1 202 962 7097
  • 450 Lexington Avenue
    New York, NY10017
    P: +1 212 450 4991
    F: +1 212 701 5991

Bar Admissions

  • District of Columbia
  • State of New York

Education

  • B.A., American History, University of Wisconsin - Madison, 1980
    • Phi Beta Kappa
  • J.D., New York University School of Law, 1984