Michelle Lowery

Overview

Michelle 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. Michelle routinely achieves victories for her clients in high-stakes cases on the papers and in the courtroom.

Results

Won summary judgment on all counts in a case alleging theft of competitively sensitive information from competing technology development company
Filed litigation against the California Attorney General’s Office for its attempt to impose antitrust conditions, which would impede the proposed hospital transaction, resulting in a favorable settlement
Won a bench trial on all antitrust counts in a case alleging California unfair competition law violations and monopolization of digital distribution platform and payment collection system for apps

Won summary judgment, affirmed by the US Court of Appeals for the Seventh Circuit of monopolization and tying claims for payor contracting strategy brought by outpatient surgery center against hospital system
Won motion to dismiss, affirmed by the US Court of Appeals for the Sixth Circuit, on a post-merger antitrust challenge to interlocking directors under Clayton Act §8 by private plaintiffs against a health system and its entire board of directors, who were each named individually
Convinced the DOJ to close its investigation into an alleged price-fixing and capacity reducing conspiracy in plastics products manufacturing industry
Defeated a class certification on impact and damages of proposed direct purchaser class after taking the lead for the joint defense group in In re Steel Antitrust Litigation, which was the largest class action in the country when it was filed, claiming damages in excess of $17 billion for alleged price-fixing and coordinated capacity restrictions. Defeated indirect purchaser class complaint at motion to dismiss, affirmed by the US Court of Appeals for the Seventh Circuit
Achieved a walkaway settlement from nationwide price-fixing conspiracy claims in the cardboard manufacturing industry
Achieved a favorable settlement for a health system based on an antitrust counterclaim in a case brought by pharmaceutical company
Aided a third-party complainant in providing testimony to the FTC regarding exclusion from routing and eligibility markets
Defended a third party and executives in a California Attorney General’s antitrust investigation into craft brewery distribution system
Defending a physician management services company against allegations that restrictive covenants and exclusive contracting strategies violate California unfair competition and antitrust laws
Mediating and arbitrating claims against a former joint venture partner for monopolization based on an exclusive contracting strategy covering development of outpatient surgery centers
Advising a health system on its response to a California Attorney General’s investigation into artificial intelligence algorithms
Defending a client in an investigation by the California Attorney General into alleged violations of California unfair competition and antitrust laws for a group boycott
Defending a client in a California Attorney General’s investigation alleging underpayments to a department of the state
Arbitrating claims that a client’s subcontract and overall contracting strategy violate Sherman Act Section 1