Matt Summers

Biography

Matt Summers specializes in appellate litigation, antitrust litigation, and the intersection of the two. Matt has argued in the Third Circuit Court of Appeals, Seventh Circuit Court of Appeals, Delaware Supreme Court, and before a panel of the Virginia Supreme Court. Most recently, he argued in the Third Circuit on behalf of the American Antitrust Institute in Cornish-Adebiyi v. Caesars, an algorithmic collusion case. He has been retained as lead appellate counsel in two antitrust appeals: PhantomALERT v. Apple in the D.C. Circuit and OJ Commerce v. Nat’l Christmas Products in the Eleventh Circuit.

Matt has taken two federal antitrust cases to trial and won both. Most recently, at the Innovative v. Biosense trial, his client won a $442 million jury verdict and permanent injunction. Matt successfully argued motions and evidentiary issues, took a deposition on the eve of trial, and prepared an economist for direct and cross-examination. Matt has written more than a dozen amicus briefs in the U.S. Supreme Court, federal Courts of Appeal, and state supreme courts. A top debater, Matt has a particular focus on persuasion through briefing and oral argument—he regularly moots advocates before their arguments at the U.S. Supreme Court and in federal courts of appeal.

Prior to joining Berger Montague, Matt was an associate in the Supreme Court & Appellate Practice at Jenner & Block, LLP. In PLS.com v. National Association of Realtors, Matt successfully opposed certiorari in the U.S. Supreme Court to defend the plaintiff’s precedent-setting win. In Processed Egg Products, Matt’s clients (direct purchaser plaintiffs) won a $53 million verdict after a seven-week, two-part antitrust jury trial.

Before his time at Jenner, Matt was a law clerk for Judge Boudin on the First Circuit and Judge Saris in the District of Massachusetts. Before clerking, Matt interned at the New Jersey Solicitor General’s office.

Matt graduated cum laude from Harvard Law School, where he founded the Harvard Law School Antitrust Association, interned at DOJ Antitrust, and served on the Biden campaign’s antitrust policy team. Matt was an oralist in the semifinals of the Ames Moot Court competition and provided research assistance to Cass Sunstein, Laurence Tribe, and Glenn Cohen.

Before law school, Matt was an economic consultant for antitrust cases at Analysis Group, spent time on a Fulbright in South Africa, and did renewable energy work in Rwanda. Matt graduated magna cum laude from Bates College, where he received an award for the top economics student. Matt was named the Top Speaker at the U.S. Universities Debating Championship.