Stephen Wu Stephen Wu

Subscribe to Stephen Wu's Posts
Stephen Wu focuses his practice on antitrust litigation, defending mergers and acquisitions before antitrust enforcement agencies and counseling clients on antitrust compliance issues. He represents clients in a wide variety of industries ranging from aerospace to consumer products and food, with a particular concentration on health care antitrust matters. He is co-chair of the Firm’s Health Antitrust Affinity Group. Read Stephen Wu's full bio.

Top Takeaways: Permissible Provider Collaborations During COVID-19 and Beyond


By , , and on May 27, 2020
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

If you missed our latest webinar, enjoy the replay below and learn more as we provide highlights on competitor collaborations, avoiding violations in labor markets, provider M&A and partial acquisitions. Competitor Collaborations Antitrust compliance remains an important priority in the US. While companies have been engaged in finding creative solutions to COVID-19 challenges and regulators...

Continue Reading



Third Circuit: “Rigorous Analysis” Required for Class Certification in Antitrust Cases


By , and on May 21, 2020
Posted In Private Litigation

The US Court of Appeals for the Third Circuit recently concluded in In re Lamictal Direct Purchaser Antitrust Litigation that a district court’s reliance on average prices to determine class-wide impact was insufficient. Instead, courts must conduct a rigorous analysis of the facts, evidence and expert testimony at the class certification stage of litigation. Access Full Article

Continue Reading



FTC and DOJ Issue Joint Antitrust Statement Regarding COVID-19 and Competition in Labor Markets


By and on Apr 14, 2020
Posted In Healthcare Antitrust

The COVID-19 pandemic has placed additional stressors on labor markets, particularly for healthcare workers and essential employees. While recognizing that employers, recruiters and staffing agencies may need—and be allowed to—cooperate in unprecedented ways to address current needs, on April 13, 2020, the US Department of Justice and US Federal Trade Commission issued a joint statement...

Continue Reading



Clean Hands Can Stop More than COVID-19: Antitrust Risks in Times of Supply and Demand Shocks


By , and on Mar 17, 2020
Posted In Cartel Enforcement, DOJ Developments

The potential for government investigation increases during periods of rapid and extreme movement in price. The US Department of Justice (DOJ) recently reiterated its focus on prosecuting violations of antitrust laws, especially in areas affected by the coronavirus outbreak. On March 9, 2020, the DOJ announced that individuals or companies engaging in price fixing, bid-rigging,...

Continue Reading



Procurement Collusion Strike Force’s Focus on Detection Yielding New Investigations


By , and on Mar 10, 2020
Posted In Cartel Enforcement, DOJ Developments

On March 3, 2020, the American Bar Association (ABA) hosted a Q&A with two members of the Procurement Collusion Strike Force (PCSF)—Mark Grundvig, the Assistant Chief of the DOJ Antitrust Division’s Criminal II section, and Marcus Mills, Special Agent, Major Fraud Investigations Division, USPS Office of Inspector General. During the course of the Q&A, Mr....

Continue Reading



Close Scrutiny for Class Settlements Where Plaintiff Attorneys Take Lion’s Share


By , , , and 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.

Continue Reading



California Attorney General Announces Historic $575 Million Settlement of Antitrust Suit Against Sutter Health


By , , and on Jan 15, 2020
Posted In Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance, Private Litigation

California Attorney General Xavier Becerra (AG Becerra) announced on Friday, December 20, 2019, the terms of a comprehensive settlement agreement reached with Sutter Health (Sutter), the largest hospital system in Northern California.

Continue Reading



DOJ Set to Increase Scrutiny of Government Contractors with New Procurement Collusion Strike Force


By and on Nov 6, 2019
Posted In Cartel Enforcement, DOJ Developments

Government contractors should be aware that the Department of Justice (DOJ) is taking new steps to scrutinize public procurement. The DOJ Antitrust Division’s creation of the Procurement Collusion Strike Force (PCSF) means that government procurement enforcement will be a significant focus for the agency moving forward. Although the new strike force builds on past government-wide...

Continue Reading



THE LATEST: California Jury Rejects Robinson-Patman Act Claim Against 5-hour Energy Maker


By , and 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...

Continue Reading



Antitrust Enforcement Update: Spotlight on Physician Transactions


By , , , and on Jun 21, 2019
Posted In FTC Developments, Healthcare Antitrust

At both the state and federal level, antitrust enforcement agencies continue to pursue successful challenges to physician practice transactions. This article summarizes two recent enforcement actions, as well as a new state law that requires prior notice of healthcare provider transactions. We also offer practical takeaways for providers pursuing practice acquisitions. Access the full article.

Continue Reading



STAY CONNECTED

TOPICS

ARCHIVES