Overview
– The Legal 500 US
Grounded in McDermott’s approach of providing practical advice and tailored solutions, our health antitrust lawyers address the healthcare industry’s unique challenges with business-friendly strategies. Clients in this heavily regulated, rapidly evolving space turn to us for our creative defense of deals, government investigations and litigation.
We use pragmatic yet innovative tactics to respond to antitrust claims and risks. Our clients include:
- Pharmaceutical and medical device manufacturers
- Medical wholesaler distributors and group purchasing organizations (GPOs)
- Health InsurTech companies
- Hospitals and providers
- Payors
- Pharmacy benefit managers (PBMs)
- Health private equity firms
Capabilities
DEALS
With the weight of our top-ranked healthcare law firm behind them, clients rely on and trust us to navigate highly complex antitrust issues. We guide them through the antitrust implications of mergers, acquisitions and joint ventures.
Thanks to our advocacy and other strategic actions, we have handled dozens of major US Federal Trade Commission (FTC) healthcare investigations that we guided through to close while avoiding any challenge. On the pulse of the FTC’s and US Department of Justice (DOJ)’s increasing focus on health antitrust issues, our team also advises on vertical and conglomerate mergers, serial acquisitions (e.g., rollups) and platform deals.
GOVERNMENT INVESTIGATIONS
Government agencies are ramping up their scrutiny of potential anti-competitive activity in the healthcare industry. McDermott’s health antitrust team stands prepared to represent clients through resulting investigations.
On behalf of our clients, we regularly handle investigations into allegations ranging from market allocation to criminal wage-fixing brought by the FTC, DOJ and state attorneys general – working swiftly and effectively to resolve inquiries.
LITIGATION
When we’re called upon to defend them, our clients know they are in the capable hands of first-chair litigators. Our team has decades of experience defending antitrust claims before courts around the United States.
Our track record includes successfully defending some of the largest health organizations against antitrust violations and class action litigation. However, we don’t just copy and paste the playbook from our past victories. We offer each client a tailored strategy supported by our extensive knowledge and unparalleled litigation skills to achieve the optimal result for their business.
Just one example of our industry-leading experience is McDermott’s representation of a former senior executive at DaVita. In this first-ever criminal “no poach” market allocation case, we served as lead counsel from the outset of a DOJ investigation through the not-guilty jury verdict.
