Michelle Lowery

Michelle Lowery

McDermott Will & Emery

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Latest Publications


Appellate Court Weighs In on Pharmaceutical “Product Hopping” - People of the State of New York v. Actavis PLC

As the first court of appeals to address the issue of product hopping, the U.S. Court of Appeals for the Second Circuit affirmed the district court’s grant of a preliminary injunction, finding that product hopping is...more

7/6/2015 - Actavis Inc. Antitrust Provisions Appeals Pharmaceutical Industry Preliminary Injunctions Product Hopping Section 2 Sherman Act

ABA Antitrust Spring Meeting Highlight: “Antitrust & Health Care: Square Peg in a Round Hole?”

In this month’s American Bar Association (ABA) Section of Antitrust Law Spring Meeting, the program “Antitrust & Health Care: Square Peg in a Round Hole?” featured debate and discussion about antitrust law treatment of health...more

5/3/2015 - Affordable Care Act American Bar Association (ABA) American Hospital Association Anti-Kickback Statute Antitrust Investigations Attorney Generals FTC Healthcare Horizontal Mergers Hospitals Stark Law

Ninth Circuit Affirms Divestiture of Consummated Physician Practice Acquisition

The U.S. Court of Appeals for the Ninth Circuit affirmed an Idaho federal district court’s decision ordering the divestiture of a physician practice group that had been acquired by a competing health system. The case, which...more

3/2/2015 - Antitrust Litigation Antitrust Provisions Appeals Divestiture FTC Healthcare Hospital Mergers Hospitals The Clayton Act

DOJ Issues First Business Review Letter Following Agencies’ Joint Policy Statements on Cybersecurity

On October 2, 2014, the U.S. Department of Justice (DOJ) issued its first business review letter since issuing jointly with the Federal Trade Commission (FTC) the Agencies’ Antitrust Policy Statement on Sharing of...more

10/29/2014 - Antitrust Litigation Cybersecurity Data Protection DOJ FTC

Chinese Magnesite Producers Antitrust Class Action Complaint Dismissed

On July 24, 2014, the district court in Animal Sci. Prod., Inc. et al. v. China Nat’l Metals & Minerals Imp. and Exp. Corp. et al., Case No. 2:05-cv-04376 (D.N.J.), dismissed direct purchaser plaintiff’s Amended Complaint...more

7/31/2014 - China Exports FTAIA Minerals Price-Fixing

Perspectives from the Federal Antitrust Enforcement Agencies

The Antitrust in Health Care conference took place May 13 to 14, 2014, in Arlington, Virginia, where a number of the speakers were representatives of the Federal Trade Commission (FTC) or the Antitrust Division of the U.S....more

5/20/2014 - Affordable Care Act American Bar Association (ABA) Competition DOJ FTC Healthcare Healthcare Reform St. Luke's

Patent Enforcement Protected by First Amendment?

After receiving a draft complaint and a stipulated order from the Federal Trade Commission (FTC) banning its allegedly deceptive letters to infringers of its scanning technology, MPHJ Technology Investments LLC (MPHJ) filed...more

4/25/2014 - Enforcement First Amendment FTC Patent Infringement Patent Litigation Patents

FTC Hit with Lawsuit by Target of its Fraudulent Patent Enforcement Investigation

On January 13, 2014, MPHJ Technology Investment LLC (MPHJ) filed a seven-count complaint against the Federal Trade Commission (FTC) alleging various constitutional and other violations, including violations of MPHJ’s First...more

1/27/2014 - First Amendment FTC Patent Infringement Patent Litigation Patents Separation of Powers

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