Alexis J. Gilman

Partner
Washington, D.C.
agilman@crowell.com
Phone: +1 202.624.2570
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Alexis J. Gilman is a partner in Crowell & Moring’s Antitrust Group, who brings significant prior government experience to his work with clients. At Crowell, Alexis advises and represents clients on a broad range of civil antitrust and competition matters, including merger reviews and clearances, government investigations, premerger Hart-Scott-Rodino (HSR) notifications, and antitrust litigation, with a particular focus on representing merging parties and third parties in merger investigations by the Federal Trade Commission, Department of Justice, and state attorneys general offices. He also counsels businesses and trade associations on antitrust compliance. His experience spans a wide range of industries and includes deep experience in healthcare, retail, consumer goods, food and beverage, distribution, casinos and gaming, biotechnology, and energy. In 2019, based on research with clients and peers, Alexis was selected by Who’s Who Legal for recognition in the category Competition Future Leaders – Partners.

Since joining Crowell, select matters include:

  • Representing integrated healthcare system in connection with its affiliation with a larger healthcare system.
  • Representing a leading global manufacturer and marketer of branded consumer foods as a third party in an FTC merger investigation.
  • Representing a marketer and seller of consumer products as a third party in an FTC merger investigation.
  • Representing a multinational Fortune 20 healthcare services company as a third party in an FTC conduct investigation.
  • Representing a Fortune 100 healthcare services company as a third party in an FTC merger investigation.
  • Represented AT&T in its successful defense of the DOJ’s suit challenging its $85 billion acquisition of Time Warner.
  • Represented a grocery retailer as a third party in an FTC supermarket merger investigation.
  • Represented an office products distributor as a third party in an FTC office supplies merger investigation.
  • Counseling a national transportation-services provider and energy industry trade association on antitrust compliance issues.

Alexis joined the firm from the Federal Trade Commission, where he led a 30-attorney division and worked on some of the agency's highest-profile matters. From 2014-2017, Alexis served as the Assistant Director of the Mergers IV Division in the Bureau of Competition of the Federal Trade Commission, where he had leading roles in and oversaw investigations and litigation in various industries, including hospitals and other healthcare providers, distribution services, retail, consumer goods, food and beverage, supermarkets, funeral homes, casinos, and online gaming. Prior to this position, Alexis served as a Deputy Assistant Director of the Mergers IV Division from 2012-2014, and a Staff Attorney in the division from 2010-2012. While at the FTC, Alexis had leading roles on several high-profile merger investigations and litigation, including:

Healthcare

  • FTC and IL v. Advocate/NorthShore (preliminary injunction enjoining transaction)
  • FTC v. ProMedica/St. Luke's (injunction ordering unwinding of transaction upheld by the Sixth Circuit, cert. denied)
  • In re Cabell/St. Mary’s (complaint filed, later withdrawn after state approved merger under cooperative agreement)
  • FTC v. Phoebe Putney/Palmyra (merger consummated subject to consent order)
  • Mountain States/Wellmont Health System (merger consummated under COPA and cooperative agreement)
  • CHS/HMA (consent order requiring two hospital divestitures)
  • UHS/Ascend (consent order requiring divestiture)

Retail/Consumer Goods

  • Amazon/Whole Foods
  • Dollar Tree/Family Dollar (consent order requiring divestiture of 330 stores)
  • Albertsons/Safeway (consent order requiring divestiture of 168 supermarkets)
  • Office Depot/OfficeMax
  • Men's Wearhouse/Jos. A. Bank
  • Bass Pro/Cabela's
  • Ahold/Delhaize (consent order requiring divestiture of 81 supermarkets)

Distribution, Casinos, Gaming, and Other 

  • FTC v. Sysco/US Foods (preliminary injunction enjoining $8.2 billion transaction)
  • FTC v. Staples/Office Depot (preliminary injunction enjoining $6.3 billion transaction)
  • FTC v. DraftKings/FanDuel (complaint filed, transaction abandoned)
  • FTC v. Pinnacle/Ameristar (complaint filed, $2.8 billion merger closed subject to consent order requiring divestitures)
  • SCI/Stewart Enterprises ($1.4 billion merger consummated subject to consent order requiring divestitures in 59 markets)

Prior to joining the FTC, Alexis was an associate in the Antitrust Group of a large U.S.-based law firm, where he represented Fortune 500 companies in U.S. and foreign merger investigations and other civil antitrust matters. He represented pharmaceutical, publishing, retail, chemical, energy, and private equity clients, among others. Select matters included:

  • Pfizer in its $68 billion acquisition of Wyeth.
  • Perrigo in its $808 million acquisition of PBM Products.
  • Apollo Management in connection with its portfolio company's, Hexion Specialty Chemicals', acquisition of Akzo Nobel’s Inks and Adhesives Resins business.
  • Pearson in its $950 million acquisition of Harcourt Assessment and Harcourt Education International from Reed Elsevier.
  • Pharmacia in its $60 billion acquisition by Pfizer.

Alexis is a frequent speaker at ABA, American Health Lawyers Association, and other organization events. Alexis received his J.D. with honors from The George Washington University Law School where he was a member of the George Washington International Law Review. He received his B.A. from Williams College. He is originally from Maine.



Affiliations

Admitted to practice: District of Columbia, Massachusetts (inactive)

Professional Activities and Memberships

  • Member of the American Bar Association and its Antitrust, Litigation, and Business Law Sections
  • Member of The American Health Lawyers Association and its Antitrust, Business Law and Governance, and In-House Counsel Practice Groups
  • Member of the Hispanic National Bar Association


Speeches & Presentations

  • "Merger Review Retrospective," GCR Live 9th Annual Antitrust Law Leaders Forum, Miami, FL (February 7, 2020). Moderator: Alexis J. Gilman.
  • "Acquisitions Involving Nascent, Potential, and Innovation Competition," Antitrust Enforcement in Tech Mergers, Washington, D.C. (November 19, 2019). Panelist: Alexis J. Gilman.
  • "Supply Chain Risk Antitrust Concerns," Edison Electric Institute Fall Cybersecurity Law Conference, Juno Beach, FL (November 12, 2019). Panelist: Alexis J. Gilman.
  • "Employee No-Poach Agreements - Practical Advice on Advising Clients in an Uncertain Legal Environment," ABA Business Law Section Annual Meeting 2019, Washington, DC (September 12, 2019). Panelist: Alexis J. Gilman.
  • "Antitrust Hot Topics in Government Enforcement: Health Care Transactions, Conduct Matters, and Policy," 2019 AHLA Annual Meeting, Boston, MA (June 25, 2019). Moderator: Alexis J. Gilman.
  • “Antitrust Hot Topics in Health Care Transactions.” 2019 AHLA Health Care Transactions Conference, Nashville, TN (May 1, 2019). Moderator: Alexis J. Gilman.
  • “Vulnerable Customers in Merger Challenges,” 2019 ABA 67th Annual Antitrust Law Spring Meeting, Washington, D.C. (March 28, 2019). Presenter: Alexis J. Gilman.
  • "Digital Health as Disrupter," ACC-NYC, New York, NY (March 14, 2019). Panelists: Brian McGovern, Jodi G. Daniel, and Alexis J. Gilman.
  • "Antitrust Enforcement Under the First Two Years of the Trump Administration," Association of Corporate Counsel CLE Program, New York, NY (December 11, 2018). Speakers: Juan A. Arteaga and Alexis J. Gilman.
  • "Antitrust Trends and Issues in the Healthcare Industry," California Society for Healthcare Attorneys, 2018 Fall Seminar (November 9, 2018). Panelist: Alexis J. Gilman.
  • "Antitrust Developments in Health Care Labor Markets," ABA Teleconference (October 30, 2018). Panelist: Alexis J. Gilman.
  • "No-Poaching and Non-Competes: What General Counsel and Human Resource Professionals Need to Know About Antitrust and Employment Issues," AHLA Webinar (October 11, 2018). Panelist: Alexis J. Gilman.
  • "Key Antitrust Issues, Best Practices, Developments, and Trends in Health Care Provider Mergers," AHLA Annual Meeting, Chicago, IL (June 26, 2018). Moderator: Alexis J. Gilman.
  • "Antitrust Issues for Food and Supplement Managing Antitrust Risk in the Manufacturer/Retailer Relationship," ABA - Eighth Annual Food & Supplements Workshop, Rosslyn, VA (June 25, 2018). Moderator: Ryan C. Tisch; Panelist: Alexis J. Gilman.
  • "Hot Topics in Non-Merger Litigation," 2018 ABA-AHLA Antitrust in Healthcare Conference, Arlington, VA (May 17, 2018). Presenter: Alexis J. Gilman.
  • "Recovering from Your Competitors' or Suppliers' Merger: Achieving Your Goals in Antitrust Agency Merger Reviews," Crowell & Moring Fourth Annual In-House Recovery Conference, Dana Point, CA (March 8, 2018). Speakers: Juan A. Arteaga, Olivier N. Antoine, Alexis J. Gilman, and Ryan C. Tisch.
  • "The ABCs of Antitrust in Healthcare: Introduction and Antitrust Overview, Part I - On Demand Recording," AHLA Webinar (February 6, 2018). Presenter: Alexis J. Gilman.
  • "U.S. Antitrust Review Conference Call with Alexis Gilman of Crowell & Moring," The Capitol Forum (January 9, 2018). Presenter: Alexis L. Gilman.
  • "Antitrust Insights: Discussion with Former Senior FTC and DOJ Officials," Crowell & Moring Roundtable Discussion (December 6, 2017). Panelists: Juan A. Arteaga and Alexis J. Gilman.
  • "Antitrust Insights: Former Senior FTC and DOJ Officials Discuss Antitrust Enforcement in the Trump Administration," Crowell & Moring Webinar (November 15, 2017). Presenters: Juan A. Arteaga and Alexis J. Gilman.
  • "Market Definition in Section 2 and Section 7: The Same But Not The Same? Question of Fact or Law?," American Bar Association Teleconference (November 14, 2017). Presenter: Alexis J. Gilman.
  • "Fan Duel/Draft Kings Merger: The Antitrust Lineup," American Bar Association Teleconference (November 8, 2017). Panelist: Alexis J. Gilman.
  • "When Competition Concerns Arise in Health Systems Combinations: Litigation Versus Regulation," ABA Antitrust Law Section Brownbag (January 2017). Presenter: Alexis J. Gilman.
  • "Provider Consolidation: An Update on Antitrust Review and Enforcement," National Association of Attorneys General Fall Meeting, NAAG Presidential Initiative Session (November 2016). Presenter: Alexis J. Gilman.
  • "FTC v. Sysco/US Foods: Perspectives From the Trenches," ABA Antitrust Law Section Brownbag (July 2016). Presenter: Alexis J. Gilman.
  • "Evolution of Market Definition in Healthcare Provider Transactions," ABA Health Law Section, 2016 Antitrust in Healthcare Conference (May 2016). Presenter: Alexis J. Gilman.
  • "How FTC and DOJ Guidance Affects the Future of Mergers and ACOs," ABA Health Law Section, 13th Annual Washington Health Law Summit (December 2015). Presenter: Alexis J. Gilman.
  • "Antitrust and Provider Mergers and Affiliations: Competition vs. More Affordable Care?" American Health Lawyers Association, AHLA Annual Meeting (June 2015). Presenter: Alexis J. Gilman.
  • "Antitrust & Health Care: Square Peg In A Round Hole?" ABA Section of Antitrust Law, 63rd Antitrust Law Spring Meeting (April 2015). Presenter: Alexis J. Gilman.
  • "Provider Consolidation: Better Care or Higher Cost," Massachusetts Association of Health Plans, 13th Annual Health Policy Conference (December 2014). Presenter: Alexis J. Gilman.
  • "Healthcare – Consolidation & The Affordable Care Act," GE Capital, Healthcare Financial Services – Equipment Finance Webinar (October 2014). Presenter: Alexis J. Gilman.
  • "The Aftermath of the FTC’s Wins in ProMedica and St. Luke’s: What is the Future of Provider Mergers?" American Health Lawyers Association Roundtable (July 2014). Presenter: Alexis J. Gilman.
  • "2014 Antitrust Merger Enforcement Trends and Strategies," ABA Business Law Section Webinar (June 2014). Presenter: Alexis J. Gilman.
  • "Remedies in Hospital Mergers: Structure vs. Behavior," ABA Section of Antitrust Law, Health Care & Pharmaceuticals Committee Teleseminar (May 2014). Presenter: Alexis J. Gilman.
  • "Regulatory and Public-Private Approaches to Enhancing Provider Competition," Catalyst for Payment Reform’s National Summit on Provider Market Power (June 2013). Presenter: Alexis J. Gilman.
  • "Efficiencies Analysis in the Antitrust Evaluation of Healthcare Provider Mergers and Collaborations," American Health Lawyers Association Webinar (February 2013). Presenter: Alexis J. Gilman.
  • "HR and Antitrust: What HR Professionals and Legal Administrators Should Know," Association of Legal Administrators, DC Chapter, HR Committee Brownbag (February 2008). Presenter: Alexis J. Gilman.


Publications

  • "Illumina/PacBio: Killing A Killer Acquisition, Or The Birth Of Nascent Competition Enforcement?" GCR (January 22, 2020). Authors: Alexis J. Gilman, Sean-Paul Brankin, Olivier N. Antoine, Evi Mattioli and Eric Ashby.
  • "Digital Competition Reports and Merger Enforcement," CPI Antitrust Chronicle (December 2019). Authors: Alexis J. Gilman, Akhil Sheth, Angel Prado, and Eric Fanchiang.
  • "FTC to Study the Impact of COPAs," Crowell & Moring's Health Law Blog (October 29, 2019). Authors: Alexis J. Gilman and Shaina Vinayek.
  • "Antitrust Analysis of Casino Mergers & Acquisitions: What Executives and In-House Counsel Need to Know," Gaming & Leisure (Fall 2019). Authors: Alexis J. Gilman and Steven A. Tenn (CRA).
  • "INSIGHT: The FTC Tech Task Force-Are Lawsuits On The Horizon?" Bloomberg Law (September 13, 2019). Authors: Alexis J. Gilman, and Akhil Sheth.
  • "INSIGHT: The FTC Tech Task Force—Answers To Important Questions (Part 1)" Bloomberg Law (September 10, 2019). Authors: Alexis J. Gilman, and Akhil Sheth.
  • "Top 10 Antitrust Issues in CPG Mergers," Retail Leader (August 18, 2019). Co-Author: Alexis J. Gilman.
  • "Healthcare Providers and Insurers: FTC Approach to Provider Mergers and Acquisitions," Lexis Practice (April 19, 2019). Authors: Alexis J. Gilman, Joseph M. Miller, and Angel Prado.
  • "Antitrust – Antitrust Enforcement Policy for Big Data? Stay Tuned." Crowell & Moring's Regulatory Forecast 2019 (February 27, 2019). Contributors: Alexis J. Gilman and Andrew I. Gavil.
  • "A Modern Approach to Retail Mergers," Crowell & Moring's Retail & Consumer Products Law Observer (February 11, 2019). Author: Alexis J. Gilman.
  • "Healthcare Providers and Insurers: FTC Approach to Provider Mergers and Acquisitions," Lexis Practice Advisor (October 2018). Authors: Alexis J. Gilman, Joseph M. Miller, and Angel Prado.
  • "Healthcare Providers and Insurers: DOJ Approach in Insurer Mergers and Acquisitions," Lexis Practice Advisor (October 2018). Authors: Alexis J. Gilman, Joseph M. Miller, and Brian C. Lewis.
  • "Group Purchasing Organizations – Antitrust Issues Checklist," Lexis Practice Advisor (October 2018). Authors: Alexis J. Gilman and Luke van Houwelingen.
  • "A Modern Approach to M&A," Retail Leader Magazine (September/October 2018). Author: Alexis J. Gilman and Elizabeth Bailey (NERA).
  • "Health Care Provider Mergers: Navigating Antitrust Issues in the Merger Review Process," AHLA Annual Meeting (June 2018). Authors: Alexis J. Gilman and Brian C. Lewis.
  • "COPAs: A Way Around Federal Antitrust Enforcement to Get Your Hospital Merger Through?" AHLA Connections (May 2018). Authors: Alexis J. Gilman and Alexis Victoria DeBernardis.
  • "Antitrust in Health Care Provider Mergers & Acquisition: What In-House and Outside Deal Counsel Should Know," AHLA Business Law & Governance Practice Group Newsletter (May 2018). Authors: Alexis J. Gilman, Brian C. Lewis, Joseph M. Miller and Mary Anne Mason.
  • "Effective Advocacy Before FTC on Health Care Deals," ABA Antitrust Section, Health Care and Pharmaceutical Committee, Antitrust Health Care Chronicle (April 2018). Author: Alexis J. Gilman.
  • "Health Care – Mergers: Keeping Care Competitive," Crowell & Moring's Regulatory Forecast 2018 (February 2018). Contributors: Joseph Miller and Alexis Gilman.
  • "Antitrust – Trump's First Year: Not as 'Merger-Friendly' as Expected," Crowell & Moring's Regulatory Forecast 2018 (February 2018). Contributors: Juan Arteaga and Alexis Gilman.
  • "Taking Stock of the Failing-Firm Defense After EnergySolutions: Too Easy to Fail?" ABA Antitrust Section Trial Practice Committee’s Trying Antitrust newsletter (Winter 2018). Authors: Alexis J. Gilman and Lauren B. Patterson.
  • "Managing Merger Control in the Era of Globalization," Antitrust Magazine (2010). Authors: Alexis J. Gilman and Jonathan N.T. Uphoff.
  • "HR and Antitrust: What HR Professionals and Legal Administrators Should Know," Association of Legal Administrators, DC Chapter, Capital Connection Newsletter (February 2008). Authors: Alexis J. Gilman and David R. Brenneman.
  • "Premerger Coordination: The Emerging Law of Gun Jumping and Information Exchange," ABA Book Publishing (2006). Contributor: Alexis J. Gilman.
  • "U.S. and E.C. Antitrust Approaches to Patent Uncertainty," Georgetown J. of Int'l Law (2003). Authors: Willard K. Tom and Alexis J. Gilman.


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In the News



Firm News & Announcements

Feb.22.2019 Crowell & Moring's Antitrust Group Listed as "Highly Recommended" in Global Competition Review's 19th Annual "GCR 100"
Sep.25.2017 Senior Federal Trade Commission Lawyer Alexis Gilman Joins Crowell & Moring as Antitrust Partner