Michelle Lowery
Subscribe to Michelle Lowery's PostsMichelle S. Lowery focuses her practice on antitrust and competition. Michelle has experience in a broad range of antitrust litigation, transactional and counseling matters. Her practice focuses on complex litigation, government investigations, mergers and acquisitions, and counseling. Read Michelle Lowery's full bio.
2020 Health Antitrust Year in Review
By Ashley Fischer, Katharine M. O'Connor, Stephen Wu and Michelle Lowery on Jan 19, 2021
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance, Private Litigation
The federal antitrust enforcement agencies brought three hospital merger challenges and three criminal antitrust enforcement actions in healthcare in the past year. Combined with the incoming Democratic administration, healthcare antitrust enforcement is likely to remain strong in 2021. Our Health Antitrust Year in Review: Examines specific antitrust challenges and enforcement actions that impacted hospitals and...
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Health Antitrust Litigation Update for Providers | 2020
By Michelle Lowery, Katharine M. O'Connor, Stephen Wu, Joshua W. Eastby and Ashley Fischer on Nov 13, 2020
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance, Private Litigation
In 2019, the total number of antitrust cases filed against providers dropped to 20 after the 2018 bump (27 cases). In the latest Health Antitrust Litigation Update for Providers, we discuss what kinds of cases were brought over the past two years and how they were decided, and what cases warrant particular attention in 2020. Read...
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CA SB 977 Would Expand AG Review of Healthcare Transactions
By Michelle Lowery on Jun 5, 2020
Posted In Healthcare Antitrust
California Senate Bill (SB) 977, if passed, would broaden the type of healthcare transactions that require California Attorney General (AG) review and approval. SB 977 would require that a healthcare system, private equity group or hedge fund provide written notice to, and obtain the written consent of, the AG prior to any acquisition of or...
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Government Amicus Efforts Show Antitrust Policy Via Advocacy
By Michelle Lowery, Anthony S. Ferrara and McDermott Will & Emery on May 22, 2020
Posted In Distribution/Franchising, DOJ Developments, FTC Developments, IP Antitrust
Under the administration of President Donald Trump, the US Department of Justice’s Antitrust Division has significantly ramped up its private litigation amicus program. The Antitrust Division has filed an increasing number of amicus briefs and statements of interest at the appellate and district court levels in an effort to influence the development of antitrust law....
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FTC Considers Taking on Non-Competes in the Workplace Through Rulemaking
By Anthony S. Ferrara and Michelle Lowery on Jan 29, 2020
Posted In FTC Developments
The Federal Trade Commission (FTC) is considering a rulemaking to address the use of non-compete provisions in employment contracts. On January 9, 2020, the FTC held a day-long workshop to start a public conversation on whether it should use its rulemaking power to take on this issue. The two Democratic Commissioners have expressed strong support...
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Close Scrutiny for Class Settlements Where Plaintiff Attorneys Take Lion’s Share
By Nicole Castle, Michelle Lowery, Matt Evola, Stephen Wu and McDermott Will & Emery on Jan 27, 2020
Posted In Cartel Enforcement, Private Litigation
Two recent US antitrust class action settlements drew additional scrutiny from federal judges, showing that the allocation of settlement funds between a proposed class and their attorneys will be carefully reviewed for fairness to class members.
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THE LATEST: California Jury Rejects Robinson-Patman Act Claim Against 5-hour Energy Maker
By Matt Evola, Michelle Lowery and Stephen Wu on Oct 28, 2019
Posted In Distribution/Franchising
Family-owned wholesalers brought a Robinson-Patman claim against the maker of 5-hour Energy alleging discounts given to Costco amounted to illegal price discrimination. A jury in California rejected the claim after a fact-intensive analysis of competition and potential antitrust injury. WHAT HAPPENED: After seven hours of deliberations, a California jury decided that Living Essentials LLC, the...
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THE LATEST: Hollywood Writers Guild and Talent Agencies Entangled in Labor/Antitrust Lawsuits and Countersuits
By McDermott Will & Emery and Michelle Lowery on Oct 14, 2019
Posted In Private Litigation
A Hollywood union’s recent amendments to its union rules has sparked federal antitrust lawsuits by talent agencies. The Writers Guild of America (WGA), a labor union and the exclusive collective bargaining representative for writers in the entertainment industry, recently instituted new rules that prohibit its members from dealing with talent agencies that do not adopt...
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Recent Indictments Demonstrate Increased Focus on Bid-Rigging in Government Procurements
By Joshua W. Eastby, James W. Kim, Michelle Lowery and Stephen Wu on Jun 6, 2019
Posted In Cartel Enforcement, DOJ Developments
Companies involved in the government contracting industry should take note that the government is honing in on anticompetitive conduct affecting government procurements. The federal government has demonstrated an increased interest in this area, and companies should refresh and audit their compliance programs to avoid hefty civil and criminal penalties and potential prison terms for implicated...
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THE LATEST: DOJ Announces Settlement with Carolinas Health System (Atrium Health) After Two Years of Litigation
By Stephen Wu, Michelle Lowery, Ashley Fischer and McDermott Will & Emery on Nov 20, 2018
Posted In DOJ Developments, Healthcare Antitrust, Monopolization/Abuse of Dominance
The Department of Justice (DOJ) announced last week that it and the State of North Carolina have reached a settlement with Carolinas Healthcare System / Atrium Health relating to provisions in contracts between the health system and commercial insurers that allegedly restrict payors from “steering” their enrollees to lower-cost hospitals. The settlement comes after two...
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