peter t. barbur
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OVERVIEW
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| PETER T. BARBUR |
Peter T. Barbur (solicitor) is a partner in Cravath’s Litigation Department. He handles a wide variety of antitrust, intellectual property and securities litigation, as well as internal corporate investigations, antitrust‑related government investigations, international arbitrations and Foreign Corrupt Practices Act matters.
Mr. Barbur won dismissal for American Express (“AmEx”) of a civil lawsuit filed in the U.S. District Court for the Eastern District of New York by the U.S. Department of Justice and 17 state attorneys general alleging that AmEx’s nondiscrimination provisions in its merchant agreements violate the antitrust laws. This case—one of the largest and most significant cases arising under Section 1 of the Sherman Act that the Government has brought to trial in over a decade—culminated in a nearly two‑month bench trial in July‑August 2014. In September 2016, the Second Circuit Court of Appeals reversed the district court’s determination in February 2015 that AmEx’s merchant acceptance rules violated federal antitrust law and remanded the case “with instructions to enter judgment in favor of Amex.” MasterCard and VISA, AmEx’s co‑defendants in this case, had settled with the Government in 2010. He also represented AmEx and certain of its directors and officers in a shareholder derivative lawsuit arising from the DOJ’s enforcement action; defendants’ motion to dismiss the complaint was granted with prejudice.
Mr. Barbur also represents AmEx in a series of putative class actions and individual lawsuits brought by large supermarket and pharmacy chains alleging that AmEx’s “anti‑steering” rules violate Sections 1 and 2 of the Sherman Act and in a putative class action brought on behalf of all U.S. merchants alleging that AmEx improperly tied acceptance of certain of its card products to acceptance of other AmEx card products. Mr. Barbur represented AmEx in another putative class action alleging unlawful tying that was dismissed after the U.S. Supreme Court ruled in 2013 that the company’s arbitration provisions in its merchant agreements, which contained a class action waiver, were valid and enforceable.
Mr. Barbur is also representing Time Warner in connection with the DOJ’s review of the company’s pending $108.7 billion acquisition by AT&T, as well as coordinating competition filings in multiple jurisdictions around the world.
Mr. Barbur represented Viacom International and Black Entertainment Television in a lawsuit brought by Cablevision in the U.S. District Court for the Southern District of New York, alleging that Viacom’s 2012 licensing agreement with Cablevision constituted illegal tying and block‑booking in violation of the Sherman Act and New York’s Donnelly Act.
In addition to his antitrust work, Mr. Barbur represented IBM in a DOJ FCPA investigation relating to IBM’s operations in Poland, Argentina, Bangladesh and Ukraine, which closed in June 2017 without any enforcement action. He also represented IBM in an investigation by the SEC relating to IBM’s operations in China and Korea, which settled.
*lawyer-attorney
Education
- J.D. New York University School of Law, 1987, Order of the Coif, Root-Tilden Scholar, cum laude
- B.A. Dartmouth College, 1983, Phi Beta Kappa, magna cum laude
Benchmark Litigation
- Antitrust Litigation Star - National (2017‑2013)
- Future Star (2014, 2013)
- Local Litigation Star: Antitrust - New York (2017‑2013)
Best Lawyers in America
- Antitrust Law (2018‑2015)
Lawdragon
- 500 Leading Lawyers in America (2017‑2012)
The Legal 500 US
- Antitrust (2017‑2012)
- Patent Litigation: Full Coverage (2013)
Super Lawyers - New York
- Business Litigation (2016‑2011)
Contact
pbarbur@cravath.com
+1 (212) 474-1058
+1 (212) 474-3700
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