OVERVIEW
Michael Hausfeld, widely recognized for his leadership on competition matters and his groundbreaking cases in human rights law, is Chair Emeritus. Michael’s distinguished career has included some of the largest and most successful class actions in the fields of human rights, discrimination and antitrust law.
Clients
Michael has an abiding interest in social reform, and has been a part of some of the most groundbreaking cases in that arena both in the U.S. and around the world. Michael was among the first lawyers in the U.S. to assert that sexual harassment was a form of discrimination prohibited by Title VII, and he successfully tried the first case establishing that principle. He has represented Native Alaskans whose lives were affected by the 1989 Exxon Valdez oil spill and later negotiated a then-historic $176 million settlement from Texaco, Inc. in a racial-bias discrimination case. In Friedman v. Union Bank of Switzerland, Michael represented a class of Holocaust victims whose assets were wrongfully retained by private Swiss banks during and after World War II. The case raised novel issues of international banking law and international human rights law. In a separate case, he also successfully represented the Republic of Poland, the Czech Republic, the Republic of Belarus, the Republic of Ukraine and the Russian Federation on issues of slave and forced labor for both Jewish and non-Jewish victims of Nazi persecution. He has represented individuals and NGOs in litigation alleging liability for aiding and abetting the South African system of apartheid.
Michael has a long record of successful litigation in the antitrust field, on behalf of individuals and classes, in cases involving monopolization, tie-ins, exclusive dealing and price fixing. In the landmark O’Bannon v. NCAA litigation, Michael represented a class of current and former Division I men's basketball and FBS football players against the NCAA and its member institutions, based on rules foreclosing athletes from receiving compensation for the use of their names, images, and likenesses. At the conclusion of a three-week bench trial, the Court determined that the NCAA had violated the antitrust laws and issued a permanent injunction as requested by the plaintiffs. Michael has been co-lead counsel in antitrust cases against manufacturers of genetically engineered foods, managed healthcare companies, bulk vitamin manufacturers, technology companies, and the world’s largest banking institutions. He is involved in ongoing investigations of antitrust cases abroad and pioneering efforts to enforce competition laws globally. He was the only private lawyer permitted to attend and represent the interests of consumers worldwide in the 2003 closed hearings by the EU Commission in the Microsoft case.
EDUCATION
National Law Center George Washington University, J.D., with honors, Order of the Coif, 1969
Brooklyn College, B.A. cum laude, 1966
BAR ADMISSIONS
District of Columbia
New York
AFFILIATIONS
American Bar Association Civil Redress Committee, Co-Chair (2012-2013)
American Bar Association Civil Redress Task Force, Co-Chair (2011-2012)
American Bar Association International Cartel Task Force, Member (2010)
George Washington University Law School, Adjunct Professor (1996-1998)
Georgetown University Law Center, Professor (1980-1987)
George Washington Law Review, Member, Board of Editors (1968-1969)
Global Competition Litigation Review, Member, Editorial Board (2011)
Litigation Counsel of America, Plaintiffs Fellow
WHAT OTHERS SAY
American Antitrust Institute
- Outstanding Antitrust Litigation Achievement in Private Law Practice, an honor he received twice:
- As one of the leaders of the In re Vitamin C Antitrust Litigation case team in 2018
- As one of the leaders of the In re Blue Cross Blue Shield Antitrust Litigation case team in 2021
American Bar Association
- Lifetime Achievement Award, 2022
Benchmark Litigation
- National Practice Area Star, Local Litigation Star in 2021, and Litigation Star in 2023
"Few would contest that the firm's legacy is credited to firm founder and visionary Michael Hausfeld, the name partner who entrepreneurially built his firm into a zealous plaintiff empire." (Benchmark Litigation, Dispute Resolution, 2021)
Best Lawyers
- Best Lawyer since 2006
- Antitrust Law
- Litigation – Antitrust
- Special Focus: Class Actions
Chambers and Partners
- Band 1, Antitrust: Plaintiff – Nationwide, year-after-year
- Recognized Practitioner, Sports Law – Nationwide in 2019
A source reported, "Michael is in my opinion one of the best lawyers in America, especially with regard to antitrust cases and other complex litigation." (Chambers US, Antitrust: Plaintiff - Nationwide, 2021)
"Michael Hausfeld is a key player in the antitrust space, skillfully handling prominent class actions, often concerning anticompetitive behavior and price manipulation. Sources report: 'What sets him apart is his creativity and strategic sense of how to resolve a dispute to satisfy all sides.'" (Chambers US, Antitrust: Plaintiff – Nationwide, 2020)
"Lauded by market sources as an 'amazing lawyer.'" (Chambers US, Antitrust: Plaintiff – Nationwide, 2019)
"An innovative and a well-respected leader of the antitrust Bar." (Chambers US, Antitrust: Plaintiff – Nationwide, 2018)
Concurrences
Global Competition Review
- Lifetime Achievement Award, 2023
- Litigation of the Year - Cartel Prosecution in 2021: an honor he received as part of the In re Blue Cross Blue Shield Antitrust Litigation case team.
- Named Lawyer of the Year in 2019
Michael is "recognized as one of the best plaintiffs' lawyers in the country" who "consistently brings in the biggest judgments in the history of law" and is "a Washington lawyer determined to change the world – and succeeding." (Global Competition Review Awards, 2019)
Law360
- One of just six attorneys named as a Competition MVP by Law360 in 2014.
Lawdragon
- 500 Leading Plaintiff Consumer Lawyers since 2019
- 500 Leading Plaintiff Financial Lawyers since 2019
- 500 Leading Lawyer in America since 2012
- 500 Leading Litigators in America in 2022
- 500 Leading Global Litigators since 2021
- 500 Global Plaintiff Lawyers since 2024
- 500 Legends in 2019
- Hall of Fame since 2021 – described by Lawdragon as "outstanding lawyers who have made remarkable contributions as leaders, litigators, dealmakers, power brokers, judges and innovators."
Legal 500
- Hall of Fame since 2020 – described by the Legal 500 as "including individuals who have received constant praise from their clients for continued excellence. The Hall of Fame highlights, to clients, the law firm partners who are at the pinnacle of the profession."
- Recommended Lawyer, Civil Litigation, Class Actions: Plaintiff, Year-after-year
- Top 10 Leading Lawyer in the U.S. representing plaintiffs in antitrust and cartel matters, 2016
"Stationed in the firm’s DC office is talismanic founding chairman Michael Hausfeld, one of most sought-after names in plaintiff-side actions in the US, and an expert in cases involving monopolization, tie-ins, exclusive dealing and price-fixing." (Legal 500 US, Antitrust - Civil Litigation/Class Actions, 2021)
Lexology Index (Formerly Who’s Who Legal)
- Thought Leader, USA: Competition, 2023
- Thought Leader, Competition: Plaintiff, 2023, 2021
- Global Leader, Competition: Plaintiff, 2023, 2020
- Global Elite Thought Leader, Competition: Plaintiff since 2019
- Recommended Lawyer, Competition: Plaintiff since 2018
"Michael Hausfeld is a pre-eminent practitioner who is well renowned for his track record in monopolies, tie-ins and price fixing." (Who’s Who Legal, Competition - Plaintiff - Legal Marketplace Analysis, 2022)
"One of North America's foremost plaintiff specialists in the antitrust space, dubbed a 'legend in the field.'" (Who’s Who Legal, Competition - Plaintiff - Legal Marketplace Analysis, 2020)
"One of the titans of the competition plaintiff space, and is a perennial selection as a Global Elite Thought Leader. He attracts numerous recommendations from peers across North America and Europe for his standout practice, which encompasses antitrust litigation on the part of both individuals and classes." (Who’s Who Legal, Competition - Plaintiff - Legal Marketplace Analysis, 2019)
National Law Journal
- Litigation Trailblazer & Pioneer in 2014
Super Lawyers
- Super Lawyer, Antitrust Litigation in Washington, DC since 2007
Other
- Described by one of the country's leading civil rights columnists as an "extremely penetrating lawyer" and by a colleague (in a Washington Post article) as a lawyer who "has a very inventive mind when it comes to litigation. He thinks of things most lawyers don't because they have originality pounded out of them in law school."
- Immediately following the groundbreaking NCAA v. O’Bannon decision in 2015, Michael was named AmLaw Litigation Daily’s 'Litigator of the Week,' citing the "consensus among courtroom observers [was] that Michael Hausfeld…got the best of a parade of NCAA witnesses at trial." Law360 dubbed the trial team led by Michael as "Legal Lions," citing the firm’s historic victory over the NCAA.
- Awarded the Torch of Learning Award by the American Friends of Hebrew University in 2012
- Shortlisted, ‘Attorneys Who Matter’ in the field of Corporate Compliance by The Ethisphere Institute in 2009
- Legal Elite by SmartCEO Magazine in 2009
- Cited by Chambers US, Products Liability category in 2009
- Top 30 "Visionaries" in the Washington legal community by the Legal Times in 2008
- 50 Most Powerful People in DC by GQ Magazine in 2007
- “International World-shakers” list of 40 international lawyers “making waves” in the UK by The Lawyer in 2007
- Fierce Sister Award by The Lawyer in 2007: an honor he received for his work on the Japanese Comfort Women case.
- 100 Most Influential Lawyers by the National Law Journal in 2006
- The New York Times referred to Michael as one of the nation's "most prominent antitrust lawyers," and the Washingtonian named him one of thirty “Stars of the Bar."
- Recipient of the B’Nai Brith Humanitarian of the Year Award in 2002
- One of thirty negotiators profiled in Done Deal: Insights from Interviews with the World's Best Negotiators, by Michael Benoliel, Ed.D.
- Recipient of the Simon Wiesenthal Center Award for Distinguished Service
- Michael received the U.S. Department of Energy Human Spirit Award, presented "in tribute to a person who understands the obligation to seek truth and act on it is not the burden of some, but of all; it is universal."
EXPERIENCE
Antitrust/Competition
- In re Blue Cross Blue Shield Antitrust Litigation – In one of the largest and most complex antitrust class action cases ever litigated, Michael represented tens of millions of subscriber plaintiffs alleging higher premiums and loss of competition in the market for health insurance due to a conspiracy among 36 insurer defendants to allocate geographic territories. In November 2020, the Court granted preliminary approval to the proposed settlement agreement resolving the claims of Blue Cross Blue Shield subscribers for $2.67 billion. The settlement was unanimously affirmed by the Eleventh Circuit, and in June 2024, the U.S. Supreme Court declined any further review, paving the way for the distribution of billions of dollars to subscribers nationwide, along with systemic changes to BCBS practices that will create opportunities for more competition.
- In re Rail Freight Fuel Surcharge Antitrust Litigation – Counsel to dozens of rail freight shippers in a high-profile antitrust case concerning alleged fuel surcharge collusion among the nation’s largest rail freight carriers.
- O’Bannon v. NCAA – Trial counsel in this landmark litigation regarding pay for student athletes; negotiated $40 million settlement with Electronic Arts, Inc., which was distributed among current and former college athletes.
- In re Domestic Airline Travel Antitrust Litigation – Currently leading this class action lawsuit alleging a conspiracy by United, American, Delta, and Southwest to artificially inflate domestic airline ticket prices by limiting capacity growth. Although discovery is ongoing, settlements total $60 million to date.
- In re Libor-Based Financial Instruments Antitrust Litigation – Currently leading this class action lawsuit alleging a global conspiracy by some of the world’s largest financial institutions to manipulate LIBOR. The manipulation of LIBOR, which is the primary benchmark for short-term interest rates for trillions of dollars-worth of financial transactions worldwide, is alleged to have caused billions of dollars in damage to municipalities, businesses, and investors. Settlements with four out of the sixteen defendants total $590 million to date.
- In re Foreign Exchange Benchmark Rates Antitrust Litigation - Currently leading this high-stake lawsuit alleging a global conspiracy by some of the world’s largest financial institutions to fix and manipulate foreign exchange rates, which to date has resulted in settlements totaling over $2.3 billion on behalf of investors. For its work on the case, the firm received Global Competition Review’s award for ‘Litigation of the Year – Cartel Prosecution.’
- In re Vitamin C Antitrust Litigation – Represented plaintiff class against Chinese vitamin C manufacturer defendants accused of price-fixing in settlements and successful trial. On appeal, the U.S. Supreme Court ruled 9-0 in favor of Hausfeld’s clients, creating an important precedent for any transnational litigation where U.S. victims’ rights are threatened by interpretations of foreign law and international comity principles.
- In re Vitamins Antitrust Litigation – Served as counsel on this landmark case on behalf of vitamin direct purchasers who were overcharged as a result of a ten-year global price-fixing and market allocation conspiracy. The case settled for over $1 billion, and in 2003 the case went to a jury trial resulting in a verdict of $148 million in trebled damages - the twelfth largest U.S. jury verdict that year.
Commercial & Financial Disputes
- In re Libor-Based Financial Instruments Antitrust Litigation - Currently leading this class action lawsuit alleging a global conspiracy by some of the world’s largest financial institutions to manipulate LIBOR. The manipulation of LIBOR, which is the primary benchmark for short-term interest rates for trillions of dollars-worth of financial transactions worldwide, is alleged to have caused billions of dollars in damage to municipalities, businesses, and investors. Settlements with four out of the sixteen defendants total $590 million to date.
- In re Foreign Exchange Benchmark Rates Antitrust Litigation - Currently leading this high-stake lawsuit alleging a global conspiracy by some of the world’s largest financial institutions to fix and manipulate foreign exchange rates, which to date has resulted in settlements totaling over $2.3 billion on behalf of investors. For its work on the case, the firm received Global Competition Review’s award for ‘Litigation of the Year – Cartel Prosecution.’
- MTB Investment Partners, LP v. Siemens Hearing Instruments, Inc. – Secured a securities fraud settlement that returned more than 115% of recognized losses after attorneys’ fees and expenses to former shareholders in HearUSA, Inc.
Environmental & Product Liability
- Children v. the Climate Crisis: Chiara Sacchi et al. v. Argentina, Brazil, France, Germany, and Turkey – In which Hausfeld and co-counsel Earthjustice represent 16 children from around the world, including Greta Thunberg and Alexandria Villaseñor, in a complaint filed before the UN Committee on the Rights of the Child alleging violations of children’s rights to life, health, and culture by five members of the G20 whose failure to reduce carbon emissions is perpetuating climate change.
Human Rights
- South African Silicosis - Involved in litigation in both the UK and in in South Africa on behalf of South African gold miners who have suffered from silicosis. In South Africa, the Johannesburg High Court certified the case as a class action against most of South Africa’s gold mining industry. Following certification, extensive negotiations resulted in a landmark settlement in May 2018.
- Low Income Bread Consumers - Currently at the forefront of competition claims in South Africa, having worked with South African counsel in groundbreaking litigation on behalf of low-income bread consumers. This case resulted in a landmark ruling by the Supreme Court of Appeal (SCA) which determined for the first time the specific requirements for filing a collective action in South African courts.
- Bhopal, India Union Carbide Plant - Represented residents of Bhopal, India who were exposed to toxic wastes. These wastes contaminated the soil and drinking water surrounding the infamous Union Carbide Plant, which was the site of the 1984 gas leak that killed and injured thousands of residents.
- Japanese "Comfort Women" - Represented former "comfort women," a title given to women and girls who were forced into sexual slavery during World War II.
Sports & Entertainment
- O’Bannon v. NCAA – Trial counsel in this landmark litigation regarding pay for student athletes; negotiated $40 million settlement with Electronic Arts, Inc., which was distributed among current and former college athletes.
