Michael Tubach


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Michael Tubach focuses on civil litigation and white-collar criminal defense. He represents companies and individuals in criminal, antitrust, securities, and class action disputes and internal investigations. His trial experience includes over 35 trials and 20 appellate arguments.

Michael is recognized by numerous legal-ranking guides including Chambers Global, Chambers USA, Legal 500, PLC Which Lawyer, and Best Lawyers in America®, which quote sources who note that Michael is “an expert in white-collar litigation and antitrust and often represents clients in cases involving a combination of both areas, such as criminal cartel matters.” Michael is praised for his “deep and thorough understanding of antitrust law, which is coupled with a patient and proactive work ethic,” and his “reputation as a top-flight trial lawyer for criminal antitrust litigation and cartel work.” For more than ten years, he has been named a Northern California “Super Lawyer” and a leader in the field of White Collar Criminal Defense in a survey published in San Francisco magazine.


Corporate & Government Experience

  • Assistant U.S. Attorney, U.S. Attorney’s Office, Washington, D.C. (1991-97)

Honors & Awards

  • Recognized by Best Lawyers® 2022 for Antitrust Law, Litigation - Antitrust in San Francisco, CA; Michael has been listed in Best Lawyers® since 2013.
  • Recognized as a leading lawyer in Antitrust: Cartel by Chambers USA (2016-2021) and Chambers Global (2016-2021), and in Antitrust in California by Chambers USA (2018-2021)
  • Recognized as a leading lawyer in Litigation: White-Collar Crime & Government Investigations in California by Chambers USA (2018-2021)
  • Recommended by Legal 500 US for Antitrust - Cartel (2016-2018, 2020-2021), Antitrust - Civil Litigation/Class Actions (2015-2018), and Litigation: White-Collar Criminal Defense (2010, 2012-2013)
  • Recommended in Competition (2016, 2018-2019); Investigations; Business Crime Defence - Corporates (2019) by Who’s Who Legal


Bar Admissions

  • California
  • District of Columbia

Court Admissions

  • US District Court, Central, Eastern, Northern, and Southern Districts of California
  • US District Court, Eastern and Western Districts of Michigan
  • US Court of Appeals, Fifth, Sixth, and Ninth Circuits
  • US Court of Appeals, District of Columbia


  • University of California at Berkeley, J.D., 1989: Order of the Coif; Executive Editor, California Law Review
  • University of California at Berkeley, B.A., 1985: with distinction

Professional Activities


  • Honorable Stephen F. Williams, U.S. Court of Appeals, D.C. Circuit (1989-90)


  • The Bar Association of San Francisco (2016)

Bristow Fellow

  • Office of the Solicitor General (1990-91)


  • First-Year Criminal Law, Fall 2002, University of California, Berkeley, Berkeley Law School
  • Guest Lecturer, White Collar Criminal Exposure from the Perspective of a Convicted Criminal, Stanford Law School, Spring 2004
  • Guest Lecturer, Defense and Prosecution of White Collar Crime, Berkeley Law School (multiple)
  • Frequent panel speaker on various legal issues, including at the Practicing Law Institute, the Bar Association of San Francisco, and the State Bar of California’s Antitrust Section

Recent Speaking Engagements

  • “Do I Need a Lawyer? An Individual Meets with Counsel,” 13th ABA/IBA International Cartel Workshop (February 2020)
  • “Latest Developments in No-Poach Agreements,” California Lawyers Association Antitrust & Unfair Competition Section (January 2019)
  • Speaker at Antitrust Judicial Law and Economics Institute at Berkeley (conference exclusively for federal judges) (October 2018)
  • “Will Apple’s App Store Lead to the end of Illinois Brick?,” American Bar Association (ABA) and California Antitrust, UCL & Privacy Law Section (July 2018)
  • “Rigging Bids on the Courthouse Steps: Real Estate Cartels,” American Bar Association (ABA) Section of Antitrust Law, San Francisco (July 2014)
  • “Challenges in Conducting Internal Investigations,” Antitrust Law Conference, San Francisco (February 2013)
  • “Trial Complexities in Antitrust Cases following Clayworth: Competing Views of Different Plaintiffs’ Groups and Defendants,” State Bar of California’s 21st Annual Golden State Antitrust & Unfair Competition Law Institute, San Francisco (October 2011)
  • “Dealing with Enforcement Issues and Opportunities,” PLI Antitrust Institute 2011, San Francisco (February 2011)
  • “Antitrust 2010,” PLI Antitrust Institute 2010, San Francisco (May 2010)
  • ABA Spring Meeting 2010, Washington, D.C. (April 2010)
  • “Defense Considerations in Cartel Investigations,” ABA Brown Bag Series - Litigating and Trying Complex Civil Antitrust Class Actions (January 2009)
  • “Litigating Civil Cases With Parallel Criminal Investigations,” ABA Brown Bag Series - Litigating and Trying Complex Civil Antitrust Class Actions (October 2008)
  • “Dealing with the Antitrust Enforcement Agencies: Discussion and Hypothetical,” PLI Antitrust Institute 2008, San Francisco (May 2008)

Recent Publications

  • “When Silence Is Not Golden: Real World Implications of Non-Parties “Taking the Fifth” in Civil Proceedings,” (co-authors Anna Pletcher and Trisha Parikh), American Bar Association Antitrust Magazine Volume 35, No. 2 (Spring 2021)
  • “Keeping the Cat in the Bag: Reviewing Foreign-Located Documents in United States Criminal Antitrust Investigations,” published for the ABA Spring Meeting 2010
  • “eBay Wins Summary Judgment In Section Two Class Action,” O’Melveny Client Alert (2010)
  • Counsel for executive in criminal action alleging antitrust violations in the broiler chicken industry
  • Counsel for Leoni Wiring Systems, Inc., a manufacturer of automotive wire harnesses, in Department of Justice investigation and numerous related civil class actions
  • Counsel for a leading technology company in an antitrust class action relating to alleged agreements among seven companies not to cold-call each other’s employees
  • Counsel for Espar Inc. in a Department of Justice criminal investigation and related civil class actions regarding parking heaters in commercial vehicles
  • Counsel for Eberspaecher in class actions relating to alleged price-fixing in automotive exhaust systems
  • Counsel for ROHM Co. Ltd. in class action litigation arising out of criminal investigations regarding capacitors and resistors
  • Counsel for MAHLE Behr in class actions relating to alleged price-fixing in automotive air conditioning systems
  • Counsel for Hill’s Pet Nutrition (a Colgate-Palmolive subsidiary) in class actions alleging price-fixing among manufacturers of pet foods

Press Releases

Alerts and Publications

Prompted by Sweeping Executive Order on Competition, New Leadership at US Antitrust Agencies to Launch Review of Merger Guidelines; Similar Initiatives in Europe and China May Signal Greater Convergence in Enforcement Across Jurisdictions

7月 26, 2021

Unanimous Supreme Court Affirms Injunction Barring NCAA Rules that Limit Education-Related Compensation to Student Athletes

6月 30, 2021

Supreme Court Holds That FTC Cannot Sue for Monetary Relief: AMG Capital Management v. FTC

4月 26, 2021

ABA ANTITRUST Magazine: When Silence Is Not Golden - Real World Implications of Non-Parties “Taking the Fifth” in Civil Proceedings

4月 22, 2021

European Commission Extends Reach Over Non-Reportable Transactions

4月 6, 2021

Senator Klobuchar Unveils Broad New Proposed Antitrust Legislation

2月 8, 2021

FTC Adjusts New 2021 HSR Reporting Thresholds Downward

2月 3, 2021

EU Commission Publishes Text of EU-China Comprehensive Agreement on Investment

1月 27, 2021

The Department of Justice Antitrust Division Brings First-Ever Criminal No-Poach Case

1月 22, 2021

Germany Strengthens Antitrust Enforcement Powers to Rein in Big Tech

1月 19, 2021

China Expands National Security Review of Foreign Investments

1月 12, 2021

European Commission Plan to Reform Europe’s Digital Space - Part 2 - Draft Digital Services Act

12月 23, 2020

European Commission Plan to Reform Europe’s Digital Space - Part 1 - Draft Digital Markets Act

12月 21, 2020

The Department of Justice Antitrust Division Brings First-Ever Criminal Labor Market Collusion Case

12月 17, 2020

New Guidelines Clarify When Antitrust Division Will Consider Using Arbitration

12月 1, 2020

The UK National Security and Investment Bill: Strengthening scrutiny of investment in the UK and introducing the UK’s first mandatory notification regime

11月 20, 2020

China Publishes “Unreliable Entities” Rules Targeting Foreign Enterprises

9月 22, 2020

DOJ Issues Letter Encouraging IEEE to Change Policy on Standard Essential Patents

9月 18, 2020

Hong Kong Competition Tribunal Approves First Cartel Settlement

8月 13, 2020

Congress Reauthorizes ACPERA and Repeals Sunset Provision

7月 17, 2020

DOJ’s Prosecution of Generic Drug Companies Continues as it Announces Price-Fixing Charges Against Glenmark Pharmaceuticals, Inc.

7月 2, 2020

The UK’s Competition and Markets Authority Targets Big Tech

7月 2, 2020

DOJ and FTC Issue New Vertical Merger Guidelines

7月 1, 2020

Germany’s Federal Cartel Office Calls for the EU Court of Justice’s Guidance on Important Patent Licensing Issues

6月 25, 2020

Germany’s Supreme Court Sides with National Antitrust Enforcer in Facebook Abuse of Dominance Case

6月 23, 2020

May Price Gouging Update

6月 4, 2020

Updates on Recent US Merger Control Developments - May 2020

5月 22, 2020

New Proposed Legislation in California Increases Antitrust Scrutiny in M&A and Other Activities in the Healthcare Industry

5月 19, 2020

COVID-19 Antitrust M&A Considerations

5月 7, 2020

Collusion in the Healthcare Industry: DOJ Charges Oncology Group for its Participation in a Criminal Antitrust Conspiracy

5月 6, 2020

Price Gouging Update—April 2020

4月 30, 2020

Gun-Jumping Concerns for Pending Transactions When There Is No Such Thing as “Ordinary Course of Business”

4月 27, 2020

The Failing Firm Merger Defense in Times of Economic Turmoil: Past Lessons and the COVID-19 Crisis

4月 23, 2020

Antitrust Agencies Watch for Labor Market Collusion in the Healthcare Industry

4月 20, 2020

DOJ and FTC on Alert for Anticompetitive Conduct in Labor Markets for COVID-19 Essential Workers

4月 15, 2020

Nationwide Shortages Open New Frontiers in Fight Against COVID-19-Related Price Gouging

4月 14, 2020

Hong Kong Competition Commission Consults on Proposed Commitments Offered by Online Travel Agents to Remove Parity Clauses from Agreements with Accommodation Providers

4月 9, 2020

China Adopts Antitrust Enforcement Policy to Fight COVID-19 and Spur Economic Recovery

4月 8, 2020

Antitrust Implications of the President’s Invocation of the Defense Production Act

4月 2, 2020

Department of Health and Human Services Triggers Price Gouging and Hoarding Provisions of Defense Production Act

4月 1, 2020

Hong Kong Competition Commission Issues Statement on the Application of the Competition Rules to Cooperation Agreements Between Companies Responding to the COVID-19 Pandemic

3月 30, 2020

Competitor Collaborations and Communications in Time of Crisis: Practical Guidance

3月 26, 2020

Antitrust Agencies Provide Guidance for Competitor Collaborations in Healthcare Sector as COVID-19 Outbreak Deepens

3月 25, 2020

European Antitrust in the Time of COVID-19

3月 25, 2020

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