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Aaron M. Panner

  • ph: 202.326.7921
  • fx: 202.326.7999
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Aaron Panner specializes in antitrust law, Supreme Court and appellate litigation, and telecommunications regulation.  His clients include many of the nation’s leading communications and information services companies, which he has represented at all levels of the federal courts and before the Federal Communications Commission.  He has also represented leading companies and individuals in high-stakes litigation at the trial and appellate levels.  He has successfully briefed multiple motions to dismiss antitrust claims on the pleadings; he has also successfully represented plaintiffs in defeating motions to dismiss.  Since 2010, he has served as amicus counsel for the American Psychiatric Association, participating in a range of Supreme Court and appellate cases involving matters of concern to the psychiatric profession.

Noteworthy Representations

Limelight Networks, Inc. v. Akamai Techs., Inc., 134 S. Ct. 2111 (2014): Successfully represented technology company in winning unanimous reversal of an en banc Federal Circuit ruling expanding doctrine of induced infringement.

Kappos v. Hyatt, 132 S. Ct. 1690 (2012): Secured en banc review of Federal Circuit panel decision narrowing rights of patent applicants to judicial review of patent denials; after winning reversal by the en banc court, won unanimous Supreme Court affirmance.

Costco Wholesale Corp. v. Omega, S.A., 131 S. Ct. 565 (2010): On behalf of Swatch Group, won affirmance by an equally divided court of Ninth Circuit ruling protecting right of copyright owners to block unauthorized imports.

Pacific Bell Tel. Co. v. linkLine Communications, Inc., 555 U.S. 438 (2009):  On behalf of AT&T, secured Supreme Court decision eliminating most “price-squeeze” claims under Section 2 of the Sherman Act, winning reversal of Ninth Circuit.

Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007): Principal drafter of cert. petition and merits brief in landmark decision clarifying pleading standards, winning reversal of Second Circuit.

Verizon Communications v. Law Offices of Curtis V. Trinko, 540 U.S. 398 (2004): Represented Verizon in leading case limiting firms’ affirmative obligations to assist competitors under Section 2 of the Sherman Act.


Bundled Discounts and the Antitrust Modernization Commission, Antitrust Chronicle (2007)

Are Price Squeezes Anticompetitive, Antitrust Chronicle (2009)

The Second Circuit’s Starr Decision:  Why Twombly Demands More, Antitrust Chronicle (2010)

Advisory Board, Institute on the Supreme Court of the United States, Chicago Kent College of Law

Editorial Advisory Board, Competition Policy International Antitrust Chronicle

Green Bag writing award for amicus brief in support of petitioner in Hamdan v. Rumsfeld

Super Lawyers, Leading Lawyers, Antitrust Litigation


Harvard Law School, J.D., magna cum laude, 1995

  • Fay Diploma
  • Primary Editor, Harvard Law Review, 1994-1995

Yale University, B.S., summa cum laude, 1986

  • Phi Beta Kappa


Law Clerk, Justice Stephen Breyer, U.S. Supreme Court, 1996-1997

Law Clerk, Judge Michael Boudin, U.S. Court of Appeals, First Circuit, 1995-1996

Government Service

Foreign Service Officer, U.S. Department of State, 1987-1992

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