M. Howard
Morse
Partner
Howard Morse is a partner and co-chair of Drinker Biddle's Antitrust practice. He regularly represents businesses before the Federal Trade Commission, the Department of Justice, and State Attorneys General, in investigations involving mergers, acquisitions and joint ventures as well as alleged monopolization and restraint of trade cases. He also counsels clients on antitrust issues and represents companies in private antitrust litigation.
Before joining the firm, Howard served as assistant director of the FTC's Bureau of Competition, where he was responsible for antitrust investigations and litigation in a broad range of industries, including the computer hardware and software, chemical, pharmaceutical, medical device and auto parts industries. During his decade-long tenure at the FTC, he also served as a staff attorney and as deputy assistant director for policy.
Counseling, Investigation and Litigation. Howard is experienced in federal court and administrative litigation in antitrust matters, as well as government antitrust investigations. At the FTC, he was responsible for more than 50 enforcement actions under the Hart-Scott-Rodino Act, the Clayton Act and the FTC Act. At Drinker Biddle, Howard has guided numerous clients' mergers and acquisitions through government review, and encouraged government challenges to other transactions on behalf of clients. He has also represented plaintiffs, defendants and third parties in antitrust litigation. Howard has represented such clients as AmerisourceBergen, Bentley Systems, Cameron Health, Delphi, Hewlett-Packard, Johnson & Johnson, Kulicke & Soffa, and McKinsey & Company.
High-Tech Industries, Innovation and Intellectual Property. Howard has been at the forefront of applying antitrust law to the high-tech sector and the growing intersection of antitrust and intellectual property law. He has played a leading role in the development of government thinking about innovation markets, network effects and the role of efficiencies in merger analysis. Howard received the FTC’s award for Superior Service for “advancing the antitrust mission of the Federal Trade Commission in innovation markets and high technology industries.”
In General. Howard is active in the American Bar Association's Antitrust Section, and currently serves as chair of its Federal Civil Enforcement Committee. He previously chaired the Section’s Intellectual Property, Computer Industry and Exemptions & Immunities Committees and has served on the Section Council. Howard has testified before Congress, the Antitrust Modernization Commission and the DOJ/FTC hearings on Competition and Intellectual Property Law and Policy.
Howard has published articles on "Antitrust and the New Economy," in Competition, the Journal of the California Bar, "Product Market Definition in the Pharmaceutical Industry" in the Antitrust Law Journal, "Settlement of Intellectual Property Disputes in the Pharmaceutical Industry" in the George Mason Law Review, "Standard Setting and Antitrust" in the IP Litigator and "Mergers and Acquisitions: Antitrust Limitations on Conduct Before Closing" in The Business Lawyer. He has contributed to ABA publications including Antitrust Law Developments, Mergers and Acquisitions, The Merger Review Process and The Federal Antitrust Guidelines for the Licensing of Intellectual Property. Howard has been a featured speaker at programs of the ABA, the Practising Law Institute, the Conference Board, the Computer Law Association, the Biotechnology Industry Organization and the Food & Drug Law Institute. He has also served as an adjunct professor at the Georgetown University Law Center, where he has taught a seminar on current developments in antitrust law. Howard is described in the Chambers USA 2009 Guide as "a tireless advocate for his clients" who "impresses with his superb analytical and communications skills. "