Katherine I. Funk

Shareholder

Washington, D.C.
T: 202.508.3492
F: 202.508.3402

Katie Funk is a trusted advisor to corporate executives and in-house legal departments, with more than 25 years of experience successfully navigating antitrust and business issues on behalf of clients in a range of industries.

Featured Videos

The FTC's Proposed Ban on Non-Competes: What We Know and What You Can Expect February 21, 2023

Your HR Department May Be a Ticking Antitrust Time Bomb July 13, 2022

Your HR Department May Be a Ticking Antitrust Time Bomb June 16, 2022

Professional Biography

Katie is an experienced antitrust and business attorney, regularly advising clients on transactions and investigations before the FTC, DOJ and state attorneys general. Earlier in her career, Katie served as an attorney at the FTC. She provides pragmatic business counsel on licensing and distribution arrangements, strategic transactions, competitor engagement, and global corporate compliance in a range of industries including health care, technology, agriculture and manufacturing. In addition, Katie assists clients navigating antitrust, consumer protection and privacy issues, including matters arising under the Magnuson Moss Warranty Act, the Federal Trade Commission Act, the "right to repair" and state enforcement proceedings.

Within the health care industry, Katie works with clients on the formation and operation of clinically integrated networks, the buying and selling of provider practices, and other health care system transactions.

Represent third-party in FTC merger review.
Advise integrated national network of community pharmacies.
Serve as antitrust counsel to vertically integrated medical device company on transactions and investigations by FTC and DOJ.
Serve as lead antitrust counsel on outpatient clinic acquisition and divestiture.
Advise on joint venture between automaker and car battery manufacturer.
Represent buyer of assets pursuant to DOJ consent decree.

Member – American Bar Association, Antitrust and Business Law Sections
Member – American Health Lawyers Association, Antitrust Section
Named an "Outstanding Healthcare Antitrust Lawyer" by Nightingale's Healthcare News (2008)

"DOJ to Health Care Industry: There Are No Antitrust Safety Zones" (February 2023)
"2023 Changes to the HSR Pre-Merger Notification Thresholds, Filing Fees, and Interlocking Directorate Thresholds," republished February 8, 2023, in Corporate Compliance Insights (January 2023)
"Health Care Entities Take Notice: DOJ Antitrust Division and HHS-OIG Look to Cooperate More on Antitrust Enforcement in Health Care" (January 2023)
"FTC Puts Employers on Notice: Employee Non-Competes Are Problematic and Could Soon be Unlawful," republished February 6, 2023, in Corporate Counsel (January 2023)
"New York Requests Public Comments Regarding PBM Patient-Steering " (July 2022)
"HHS Issues Post-Dobbs HIPAA Privacy Guidance for Employer Health Plans, Other Covered Entities" (July 2022)
"DOJ Cracks Down on Alleged Wage Fixing and No Poach Agreements," republished in Westlaw (February 2022)
"Annual Update to HSR Pre-Merger Notification Filing Thresholds for 2022" (January 2022)
"Employers Beware: Employee Non-Solicitation and Non-Recruitment Agreements Can Raise Potential Civil and Criminal Antitrust Liability" (August 2021)
"All Hands on Deck: Executive Order Promoting Competition in the American Economy" (July 2021)
"FTC's Chances of Fixing a Broken Repairs Market Look Slim," Law360 (June 2021)

"Healthcare Antitrust Year in Review," ABA Antitrust in Healthcare Conference (June 2022)
"Health Care is Local: State AGs add New Wrinkle to Antitrust Review of Health Care Transactions," AHLA Health Care Transactions Conference (April 2020)
"CARES Act," Coalition of Franchisee Association (April 2020)
Frequent speaker as part of the ALI/ABA Product Distribution CLE Program (2010 – 2015)

The FTC's Proposed Ban on Non-Competes: What We Know and What You Can Expect (February 2023)
Your HR Department May Be a Ticking Antitrust Time Bomb (July 2022)
Your HR Department May Be a Ticking Antitrust Time Bomb (June 2022)

Katherine I. Funk Joins Baker Donelson's Health Law Group (March 8, 2021)

Katherine Funk Shares Insights into Antitrust Considerations for Frontier-Spirit Airlines Merger in Law360 (February 8, 2022)
Katherine Funk Quoted in Reuters on Amicus Brief Filed by Baker Donelson Team Led by Jade Sipes in Support of Ratification of Equal Rights Amendment (January 26, 2022)
Katherine Funk Talks with Modern Healthcare About Anticipated Stricter Oversight of Vertical Integration (January 3, 2022)
Katherine Funk Comments on FTC's Reworking of Vertical Merger Guidelines in Modern Healthcare (October 19, 2021)

The FTC's Proposed Ban on Non-Competes: What We Know and What You Can Expect (February 21, 2023)
Your HR Department May Be a Ticking Antitrust Time Bomb (July 13, 2022)
Your HR Department May Be a Ticking Antitrust Time Bomb (June 16, 2022)

Practices

Industries

Education

University of Iowa College of Law, J.D., 1992, with distinction
- Associate Editor, Iowa Law Review
Creighton University, B.S.B.A. Accounting and Economics, 1989

Admissions

Washington, D.C.
U.S. Supreme Court
U.S. Circuit Court, District of Columbia
U.S. District Court, District of Columbia

Featured Media

DOJ to Health Care Industry: There Are No Antitrust Safety Zones

Publication / February 22, 2023

The FTC's Proposed Ban on Non-Competes: What We Know and What You Can Expect

Webinar / February 21, 2023

2023 Changes to the HSR Pre-Merger Notification Thresholds, Filing Fees, and Interlocking Directorate Thresholds

Publication / January 25, 2023

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