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 2 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 3