J. Matthew Schmitten, Counsel, Antitrust and International Competition

J. Matthew Schmitten

Senior Counsel

Areas of Focus

J. Matthew Schmitten, Counsel, Antitrust and International Competition

J. Matthew Schmitten

Senior Counsel

mschmitten@akingump.com

Areas of Focus

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Biography
  • Matthew’s practice focuses on high-stakes antitrust litigation, merger clearance before the Federal Trade Commission and the Department of Justice, and antitrust counseling—with particular depth in mixed IP–antitrust matters. He helps his clients navigate merger clearance and Second Request investigations, civil subpoenas, and grand jury investigations; defend against and make strategic offensive use of civil and class action claims; and manage complex disputes where business strategy and competition risk intersect.

Matthew advises companies across a range of industries on antitrust risk, merger strategy, and litigation. He is frequently brought in for matters that sit at the intersection of competition law and intellectual property, where success turns on combining a rigorous command of antitrust doctrine with practical IP and business strategy.

Matthew has served as lead non-partner counsel on matters involving allegations of bundled rebates, tying, price-fixing, predatory pricing, and exclusive dealing, often coupled with patent or other IP issues, helping secure early dismissals of antitrust claims and narrowing disputes before costly merits discovery. He also had success obtaining dismissal at the pleading stage in monopolization and attempted monopolization cases for companies in IP-intensive and commoditized markets.

Matthew has substantial experience with merger reviews and regulatory proceedings, including advising on second-request investigations and crafting advocacy that positions transactions for efficient clearance. He also counsels clients on compliance and antitrust risk in fast-moving commercial settings, including time-sensitive deal and litigation contexts.

His experience cuts across a wide swath of industries, including pharmaceuticals, cosmetics, medical devices, silicon chip design, aeronautics, insurance brokerage, upstream and downstream oil & gas industries, several parts of the construction supply chain, the dairy industry, consumer retail food products, the fashion industry, the film industry, among many others.

Before entering private practice, Matthew clerked for the Hon. Jerry E. Smith on the U.S. Court of Appeals for the Fifth Circuit and served in the National Criminal Enforcement Section (now Washington Criminal I) of the U.S. Department of Justice Antitrust Division. He earned his J.D. from Columbia Law School, where he received multiple academic honors and served as Executive Editor of the Columbia Journal of Law & Social Problems.

Representative Work

Merger Reviews & Regulatory Proceedings

  • Advised on the antitrust aspects of a natural gas pipeline acquisition, including guiding the client through an FTC Second Request investigation; transaction cleared without suit.
  • Lead non-partner attorney on a multibillion-dollar insurance brokerage transaction that closed after a Second Request investigation.
  • Advised on the antitrust strategy for the auction of a major equipment rental business and its subsequent approximately $1.3 billion sale to an industry leader, achieving clearance on an accelerated timeline relative to comparable transactions.
  • Advised on DOJ clearance for a merger of competing concrete producers following a strategic pull-and-refile.
  • Represented a domestic dairy processor in connection with an approximately $2.5 billion acquisition.

Antitrust Litigation & Mixed IP/Antitrust Disputes

  • Lead non-partner attorney in a mixed patent and antitrust dispute involving theories of bundled rebates, tying, and exclusive dealing; developed novel antitrust standing arguments that resulted in dismissal of antitrust claims.
  • Represented a major caustic soda producer in a national price-fixing class action; helped defeat class certification twice after other defendants settled; continued defense through summary judgment briefing.
  • Part of the trial team in federal merger litigation involving a proposed acquisition in the coal industry—one of the first live merger trials following the COVID lockdowns.
  • Represented an eye-health products company in an antitrust case alleging abuse of monopoly position and attempted monopolization; obtained dismissal at the motion to dismiss stage.
  • Assisted in achieving dismissal with prejudice of monopolization claims in a dispute involving IP-intensive industrial technologies and complex market definition issues.
  • Provided antitrust arbitrage and strategic advisory support in connection with ongoing antitrust litigation and government merger investigations.

List includes matters worked on prior to joining current firm.

Education
  • J.D., Columbia Law School, 2013

  • B.A., American University, cum laude, 2009

Clerkships
  • U.S.C.A., 5th Circuit

Bar Admissions
  • District of Columbia

  • Georgia

  • Texas

Recognitions
  • The Legal 500 US, Antitrust: civil litigation/class actions: defense and Anitrust: merger control, 2023–2024.
Affiliations and Public Service
  • Law Clerk, Honorable Jerry E. Smith, U.S. Court of Appeals for the Fifth Circuit.
  • Judicial Intern, Honorable Richard J. Sullivan, U.S. District Court for the Southern District of New York.
  • Legal Intern, U.S. Department of Justice, Antitrust Division, National Criminal Enforcement Section.
Speeches and Publications
  • Author, American Bar Association, IP and Antitrust Handbook (Chapter III on “Unilateral Conduct by Intellectual Property Owners,” 2026 edition, forthcoming).
  • Author, Antitrust Law Developments, 10th Edition (chapter on “Antitrust Issues Involving Intellectual Property”) (2027 edition, forthcoming).
  • Contributor, American Bar Association, Antitrust Law Developments annual updates (2023–2025).
  • Author, Antitrust’ s Single-Entity Doctrine: A Formalistic Approach for a Formalistic Rule, 46 Columbia Journal of Law & Social Problems 93 (2012) (winner, E.B. Convers Prize, Burton Awards for Legal Writing, New York State Bar Association Antitrust Section Award for Legal Writing).
  • Co-author, When Performance Matters: The Past, Present & Future of Consequential Accountability in Public Education, 48 Harvard Journal on Legislation 185 (2011).

Insights and Achievements

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