Michelle Lowery
Subscribe to Michelle Lowery's PostsMichelle Lowery is the go-to litigator for West Coast state and federal antitrust and unfair competition matters and for California Attorney General antitrust and general litigation matters. She has nearly two decades of experience achieving exceptional results for clients in antitrust and unfair competition litigation and investigations, including class actions. Read Michelle Lowery's full bio.
Antitrust Under Trump: March 2025 Updates
By Jon B. Dubrow, Michelle Lowery and Megan Ingram on Apr 1, 2025
Posted In DOJ Developments, FTC Developments
The Trump administration has taken significant steps to reshape antitrust enforcement by exerting greater control over the Federal Trade Commission (FTC), firing two Democratic FTC commissioners. Leadership has also begun to outline more of their priorities in speeches and interviews. These changes outline antitrust enforcement priorities, with a stronger emphasis on economic analysis and litigation...
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Antitrust Under Trump: Initial Policies and Actions
By Jon B. Dubrow, Michelle Lowery and Megan Ingram on Mar 6, 2025
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance
The Trump administration has initiated significant changes in antitrust policy through key appointments and policy announcements. The administration announced that the Federal Trade Commission (FTC) and US Department of Justice (DOJ) will continue using the 2023 Merger Guidelines and expressed support for new Hart-Scott-Rodino (HSR) rules. Additionally, the FTC outlined its goals, which include improving...
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Unpacking the Biden Administration’s Last-Minute Antitrust Worker Protections
By Jon B. Dubrow, Michelle Lowery, Royce Brosseau and Christopher Foster on Jan 23, 2025
Posted In DOJ Developments, FTC Developments
In the final week of the Biden administration, the Federal Trade Commission and US Department of Justice released two policies potentially impacting labor markets. The first is a Policy Statement on the Exemption of Protected Labor Activity for Independent Contractors, and the second is the Antitrust Guidelines on Business Practices that Impact Workers. The policies...
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What California’s DOJ Said at the 2024 Antitrust Law Section Spring Meeting
By Michelle Lowery, Betty Zhang, Russell Hayman, Jon Dean, Julian Andre, Maria Rodriguez and Yesenia Gallegos on Apr 29, 2024
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance
The American Bar Association Antitrust Law Section’s annual Spring Meeting earlier this month featured federal, state and international enforcers discussing a variety of antitrust and competition issues across jurisdictions. Paula Blizzard, the California Department of Justice’s antitrust chief, provided insights into the California attorney general office’s current and upcoming enforcement activities. Read more here.
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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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