Stephen Wu
Subscribe to Stephen Wu's PostsStephen 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.
Procurement Collusion Strike Force’s Focus on Detection Yielding New Investigations
By Gregory E. Heltzer, James W. Kim and Stephen Wu 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....
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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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California Attorney General Announces Historic $575 Million Settlement of Antitrust Suit Against Sutter Health
By Ashley Fischer, Noah Feldman Greene and Stephen Wu 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.
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DOJ Set to Increase Scrutiny of Government Contractors with New Procurement Collusion Strike Force
By James W. Kim and Stephen Wu 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...
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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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Antitrust Enforcement Update: Spotlight on Physician Transactions
By Ashley Fischer, Katharine M. O'Connor, Lisa A. Peterson, Stephen Wu and McDermott Will & Emery 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.
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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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Antitrust Litigation Update for Health Care Providers
By Joshua W. Eastby, Katharine M. O'Connor and Stephen Wu on Jun 4, 2019
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance, Private Litigation
2018 saw a significant upswing in antitrust litigation against health care providers; 27 cases were filed in 2018 versus 17 in 2017. In the latest Antitrust Update for Health Care Providers, we discuss what caused the notable rise, what kinds of cases were brought over the past two years and how they were decided, and...
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Sixth Circuit Decision Affirms Summary Judgment Against Antitrust Challenge to Hospital Joint Operating Company’s Contracting Conduct
By Ashley Fischer and Stephen Wu on May 24, 2019
Posted In Healthcare Antitrust, Joint Ventures/Competitor Collaboration
A recent decision by the US Court of Appeals for the Sixth Circuit is important for competitors involved in joint ventures because it states what mode of antitrust analysis—the per se rule or the rule of reason—applies to the conduct of joint ventures when it is challenged as anticompetitive. The decision is also significant because...
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Federal Court Opinion Reminds Health Care Providers to Assess the Antitrust Risks of Competitor Affiliations
By Katharine M. O'Connor and Stephen Wu on Mar 4, 2019
Posted In Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Monopolization/Abuse of Dominance
The Attorney General of the State of Washington (the State) scored another victory last week in its federal antitrust challenge to Franciscan Health System’s (Franciscan) affiliations with two competing physician practices, Washington v. Franciscan Health System, Case No. C17-5690 (W.D. Wa.), pending in the United States District Court for the Western District of Washington. Specifically,...
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