Katherine Funk - Baker & McKenzie

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Katherine Funk
Partner
Washington, DC, UNITED STATES
+1 202 835 6161
katherine.funk@bakermckenzie.com
Global areas of practice
Antitrust & Competition
Pharmaceutical & Healthcare
Practice focus
Katie Funk is a partner Baker & McKenzie’s Antitrust Practice Group in
Washington, DC. She focuses her practice on all aspects of antitrust
counseling and has significant experience litigating both antitrust and
non-antitrust cases. Clients appreciate her pragmatic and, when
necessary, creative approach to navigating the antitrust hurdles to their
business goals.
Ms. Funk regularly counsels clients in matters before the Federal Trade
Commission, the Department of Justice and state competition agencies.
She has extensive experience drafting and advising on strategic
alliances between competitors and on distribution issues, particularly in
the health care, life sciences, energy, food, new media and consumer
products industries. Ms. Funk previously served as an attorney at the
FTC.
Ms. Funk’s broad experience also includes internal investigations and
developing corporate compliance policies. She is also a guest lecturer
on antitrust at the Johns Hopkins University Carey School of Business.
Representative clients, cases or matters
 In the Matter of Fresenius Medical Care AG & Co., KGaA, FTC File
No. 111 0170 (Obtained clearance for Fresenius from FTC on its $2
billion acquisition of competing dialysis provider, Liberty Dialysis,
Inc.)
 Jane Doe and Rhonda Roe v. Arizona Hospital and Healthcare
Assoc., et al., No. CV 07 01292 (D. AZ.) (class-action settlement
entered) (Sherman Act)
B&M Global Services Manila, Inc.
14th Floor, Net One Center
26th Street corner 3rd Avenue
Crescent Park West
Bonifacio Global City
Taguig City 1634
Philippines
 In the Matter of Fresenius Medical Care AG & Co., KgaA, FTC File
No. 081-0146 (Obtained clearance for Freseniusfrom FTC on
exclusive license agreement with Daichi Sankyo Company, Ltd. for
the IV iron drug Venofer.)
 Walco Int'l Inc. v. Ivy Animal Health Inc., 2005 WL 265216 (N.D.
Tex.) (Obtained complete defense verdict on all claims) (RobinsonPatman Act)
 Sun Microsystems v. Microsoft, (MDL Maryland) (Part of team that
obtained largest ever settlement in a civil antitrust case) (Sherman
Act, Clayton Act, and a number of other claims)
B&M Global Services Manila, Inc., is a subsidiary of Baker & McKenzie International B.V., as support services provider to Baker & McKenzie International,
a Swiss Verein of member law firms around the world. Neither B&M Global Services Manila, Inc., nor Baker & McKenzie International B.V. is engaged in
the practice of law.
Publications, presentations and articles
 Antitrust and Pricing in a World of Free Price Information: Price
Comparison Apps, Free-riding and the Impact on the Retail
Marketplace, ALI/ABA 27th Annual Product Distribution and
Marketing Seminar (June 2012)
 Obtaining Optimal Terms and Minimizing Antitrust Concerns When
Settling Paragraph IV Disputes, Post-Conference Master Class of the
American Conference Institute's Paragraph IV Disputes Conference
for Branded Pharmaceuticals and Generics (December 2011)
 ACO Learning Network Toolkit: Federal Antitrust Law, The Engelberg
Center for Health Care Reform at The Brookings Institution, chapter
author (February 2011)
 7th Annual Creighton University Business Symposium, Changes in
Healthcare and the Effect on Business (November 5, 2010)
 AHLA Webinar: Developing Accountable Care Organizations Under
PPACA (October 2010)
 American Health Lawyers Association Healthcare Reform Resource
Guide, Antitrust chapter author (August 2010)
 Inside the Minds: Understanding Antitrust Issues in Health Care,
chapter author (August 2010)
 Investigate Reporters and Editors Annual Conference, Whether the
Government Should Fund Investigative Journalism (June 2010)
 American Society of Newspaper Editors Annual Convention,
Government Assistance for the Media (April 2010)
 FTC Workshop on the News Media, Opportunities for Competitor
Collaborations (2010)
 Brookings/Dartmouth ACO Learning Network: Antitrust Issues
(December 2009)
 The Google Book Settlement, Beyond the Basics, Antitrust
Implications (November 2009)
 American Petroleum Institute Pipeline Conference, A Competition
Tune-Up: Antitrust in the New Administration (Summer 2009)
 National Petrochemical and Refiners Assoc., Nuances and Potential
Impact of FTC's Final Market Manipulation Rule on Participants in the
Petroleum Markets (2009)
 Should Trustbusters Go Easy on Newspapers?, Competition 360,
June 25, 2009
 Toward Judicial Realism: The Evolution of Rule 23, Global
Competition Policy, May 2009
 ABA Antitrust Law Spring Meeting, Judging Economic Analysis:
Evidentiary Standards in Litigation Here and Abroad, 2009
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 Daubert Comes to Washington: Managing Expert Economic
Testimony in Part III Proceedings at the FTC, Antitrust, Spring 2006,
Vol. 20, No. 2, p. 21 (co-authored with Andrew Gavil)
 In the Antitrust Bulls Eye: Hospital Mergers and Professional
Associations, Managed Care Interface, May 2006, Vol. 19, No. 5,
p.54
 Balancing Power: Managed Care and Physician Networks, Managed
Care Outlook, July 15, 2006, Vol. 19, No. 4, p. 1.
Awards and rankings
 Nightingale’s Healthcare News, Outstanding Health Care Antitrust
Lawyer (2008)
Teaching
 Johns Hopkins University, Carey Business School, guest lecturer on
antitrust (2012)
Education and admission
Education
 J.D., with distinction, from The Iowa College of Law, University of
Iowa (1992)
 B.S.B.A., in Accounting and Economics, from Creighton University
(1989)
Admission
 District of Columbia
 Missouri
 California (inactive)
 U.S. District Court for the District of Columbia
 U.S. District Court for the Western District of Missouri
 U.S. Court of Appeals for the Sixth Circuit
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