Bar Admissions

  • District of Columbia
  • New York

Education

  • J.D., George Washington University Law School, 2002
  • B.S., Cornell University, 1999

Memberships

  • ABA, Section of Antitrust Law

    DC Bar Association, Antitrust and Consumer Law Section

    DRI, Program Chair, Antitrust & Consumer Protection Group
T +1 202.344.4661
F +1 202.344.8300
 

Eric S. Berman

Partner

Eric Berman's client service primarily involves counseling, regulatory advocacy, and litigation defense in the areas of consumer protection and antitrust. He represents large companies, trade associations, tax-exempt organizations, and closely held businesses before both the consumer protection and competition bureaus of the Federal Trade Commission ("FTC"), the Department of Justice’s Antitrust Division ("DOJ"), and the state attorneys' general.

As part of Venable's highly regarded advertising practice, Eric advises national retailers, manufacturers, nonprofits, fundraisers, telemarketers, financial services firms, and dietary supplement sellers on how to reduce risk associated with their advertising claims, marketing practices, and business operations. His practice increasingly focuses on helping organizations navigate complex and sometimes multi-faceted law enforcement investigations by federal and state regulators. Recently, Eric was lead defense counsel to multiple parties in the first consumer protection lawsuit ever filed by the FTC, all 50 state attorneys general, and the District of Columbia.

Eric is also an experienced antitrust attorney who has represented merging parties and third parties in complex merger reviews before the FTC, DOJ, and foreign competition authorities. He has also defended market-leading firms in complex litigation brought under Section 1 of the Sherman Act. Eric maintains a broad-based counseling practice in which he advises companies and associations about the antitrust risks associated with a range of business issues, and he has experience conducting internal investigations and implementing compliance programs for antitrust-sensitive firms.

Significant Matters

Consumer Protection and Advertising
  • Lead counsel to multiple nonprofits and their principals in sweeping FTC and 50-state litigation;
  • Co-lead counsel to national charitable organization during pendency of state attorney general investigation;
  • Co-lead counsel for dietary supplement marketer in FTC false advertising investigation of weight loss claims;
  • Advertising counsel to leading home products retailer;
  • Lead counsel for window manufacturer in FTC industry sweep of energy efficiency claims;
  • Lead counsel for building and home materials seller in FTC action involving insulation performance claims; continue to serve as general FTC compliance and unfair competition counsel;
  • Co-lead counsel to UK-based conglomerate against attempted injunction lawsuit filed by FTC’s Northwest Regional office involving debt collection activities.

Antitrust – Mergers, Litigation and Counseling
  • Represented third party in major FTC merger challenge in the foodservice distribution industry;
  • Advising multiple companies on compliance issues and information exchanges;
  • Reviewed and updated global antitrust compliance program for market leading merchant and manufacturer;
  • Advised pediatric physicians’ association on antitrust issues relating to formation of children’s hospital;
  • Defended major consumer electronics company in price-fixing litigation brought by private plaintiffs; led defense of related parens patriae actions brought by State Attorneys General;
  • Represented acquiring and acquired firms before U.S. and foreign competition authorities in the antitrust review of multiple large-scale transactions.