ANTITRUST QUICK FACTS

More than 20 antitrust attorneys

HONORS AND AWARDS

An “Outstanding Healthcare Antitrust Lawyer,” Nightingale’s

A Washington “Top Lawyer,” Washingtonian

Two Fellows of the American College of Trial Lawyers

 

HANDS ON AGENCY EXPERIENCE

Venable attorneys have served at

Department of Justice

Federal Communications Commission

Federal Trade Commission

State Attorney General Offices

PRACTICE FOCUS

Antitrust agency advocacy

Antitrust audits and compliance programs

Antitrust litigation

Civil and criminal investigations

Distribution counseling

Hart-Scott-Rodino and foreign merger filing obligations

Internal investigations

Joint buying groups

Joint ventures

Licensing agreements

Mergers and acquisitions

Standard setting activities

Unfair competition

 

REPRESENTATION IN CASES OF

Dealer terminations

Exclusionary conduct

Market allocations

Monopolization

Predatory practices

Price fixing

INDUSTRY EXPERIENCE

Chemicals

Coal

Construction

Consumer products

Defense industry

Food and agriculture

Healthcare

Hospitality

Industrial products

Media and entertainment

Metals

Oil and gas

Oilfield products and services

Pharmaceuticals

Publishing

Software

Supermarkets

Telecommunications

Transportation

 

Antitrust Healthcare



Venable's antitrust attorneys aggressively defend our healthcare clients before federal and state antitrust law enforcers, including the antitrust division of the U.S. Department of Justice (DOJ), the Federal Trade Commission (FTC) and state attorneys general, in investigations covering all aspects of antitrust. In addition to complex government investigations, we vigorously represent our clients in antitrust litigation. Comprehensive counseling based on a deep knowledge of our healthcare clients’ businesses is also key to ensuring that our clients compete aggressively within the bounds of the antitrust laws.


Venable's antitrust practice was recently named to the Global Competition Review's list of the world's top antitrust firms - the GCR 100 - and the publication's list of the Top DC Antitrust Practices.


Our attorneys have served in the DOJ, FTC, U.S. Attorney’s Office, and state attorneys general offices. Positions have included Assistant U.S. Attorneys, DOJ antitrust appellate attorney, Antitrust Attorney Advisor to the FTC Chairman, Director of the FTC’s Northeast Regional Office, and Deputy Attorney General of Maryland and Chief of Litigation.

Our antitrust healthcare clients range from Fortune 500 companies to small businesses, industry and professional associations, and company executives, including hospital systems, physician practices, insurers, pharmaceutical companies and healthcare consultants. We are also antitrust counsel for one of the largest and most complex shared Risk Evaluation and Mitigation Strategy (REMS) programs in the pharmaceutical industry.

Government antitrust investigations 

Venable's experienced antitrust team has successfully defended dozens of antitrust investigations before federal and state antitrust law enforcers, involving mergers, allegations of price fixing, bid rigging, market allocation and other anti-competitive conduct. A central focus of our healthcare government investigations is defending government challenges to our clients’ pharmaceutical patent litigation settlements. On this front, we have represented clients in some of the FTC’s leading cases. We have successfully gotten the FTC to close investigations against our clients.

Venable attorneys also have an exceptional reputation for advocating both for and against mergers pending before antitrust authorities. Our attorneys have worked with multiple hospital systems to develop merger strategies and obtain government clearance for proposed transactions, opposed mergers on behalf of our clients, and routinely counsel clients, including hospitals, physician health organizations and other associations, on a wide variety of healthcare-related antitrust issues where federal or state antitrust enforcement is possible.

Antitrust litigation

Our team has been deeply involved in all stages of brand/generic patent litigation settlement antitrust cases, before both state and federal enforcers and federal court. A Venable team scored an historic, highly visible antitrust litigation victory in December 2014 in a complex seven-week trial in Federal District Court in Boston for its client, Ranbaxy, a leading multinational generic pharmaceutical company. In Re: Nexium (Esomeprazole Magnesium) Antitrust Litigation is the first "reverse payment" case to be tried since the U.S. Supreme Court's 2013 Actavis decision, holding that patent litigation settlements are subject to the rule of reason test under federal antitrust law.

We also litigate on behalf of clients in government and private challenges involving allegations of price fixing, market allocation schemes, predatory practices, exclusionary conduct, dealer terminations and other antitrust allegations in healthcare and other industries.

Commercial/business advice

Venable excels at identifying, structuring and managing the antitrust risks associated with mergers, acquisitions, joint ventures, joint marketing and buying groups, including identifying key strategies to ensure transactions pass DOJ and FTC antitrust scrutiny. We routinely work with our clients to shepherd their mergers through agency investigative processes, and to proactively resolve competitive concerns. We have orchestrated asset divestitures, working with court-appointed monitors to ensure compliance with complex consent orders.

We also counsel clients on distribution practices and interactions with competitors that may raise antitrust risks. We routinely advise on pharmaceutical patent litigation settlements, exclusive dealing provisions, licensing agreements, and distribution issues such as resale price maintenance and Robinson-Patman issues. Our attorneys frequently design and implement internal antitrust audits.

Clients call on us in antitrust matters because of our track record. They know that we are immersed in their businesses and that we have the know-how to deliver practical, real-world solutions to the complex antitrust issues they face.