Alexis J. Gilman is a partner in Crowell & Moring’s Antitrust Group in the Washington, D.C. office, with significant prior government experience. At Crowell & Moring, Alexis advises and represents clients on a broad range of civil antitrust matters, including compliance counseling and training, premerger HSR notifications, merger reviews, government investigations, and 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. His experience spans a wide-range of industries, including healthcare, retail, consumer goods, food and beverage, distribution, casinos and gaming, and telecommunications. 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.
Since joining Crowell, select matters include:
- 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 third party in an FTC supermarket merger investigation.
- Represented an office products distributor as third party in an FTC office supplies merger investigation.
- Representing a healthcare system in connection with potential transaction and FTC investigation.
- Counseling and training a national transportation-services provider 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 until 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, supermarkets, funeral homes, casinos and online gaming, retail, and consumer goods. 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 Sysco/US Foods, Staples/Office Depot, DraftKings/FanDuel, ProMedica/St. Luke's, Dollar Tree/Family Dollar, Albertsons/Safeway, Phoebe Putney/Palmyra, Advocate/NorthShore, Cabell/St. Mary’s, Mountain States/Wellmont Health System, CHS/HMA, Office Depot/OfficeMax, Men's Wearhouse/Jos. A. Bank, Bass Pro/Cabela's, Ahold/Delhaize, Amazon/Whole Foods, SCI/Stewart Enterprises, and Pinnacle/Ameristar, among others.
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.
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
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"Acquisitions Involving Nascent, Potential, and Innovation Competition," Antitrust Enforcement in Tech Mergers, Washington, D.C.
(November 19, 2019).
Panelist: Alexis J. Gilman.
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"Supply Chain Risk Antitrust Concerns," Edison Electric Institute Fall Cybersecurity Law Conference, Juno Beach, FL
(November 12, 2019).
Panelist: Alexis J. Gilman.
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"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.
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"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.
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“Antitrust Hot Topics in Health Care Transactions.” 2019 AHLA Health Care Transactions Conference, Nashville, TN
(May 1, 2019).
Moderator: Alexis J. Gilman.
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“Vulnerable Customers in Merger Challenges,” 2019 ABA 67th Annual Antitrust Law Spring Meeting, Washington, D.C.
(March 28, 2019).
Presenter: Alexis J. Gilman.
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"Digital Health as Disrupter," ACC-NYC, New York, NY
(March 14, 2019).
Panelists: Brian McGovern, Jodi G. Daniel, and Alexis J. Gilman.
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"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.
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"Antitrust Trends and Issues in the Healthcare Industry," California Society for Healthcare Attorneys, 2018 Fall Seminar
(November 9, 2018).
Panelist: Alexis J. Gilman.
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"Antitrust Developments in Health Care Labor Markets," ABA Teleconference
(October 30, 2018).
Panelist: Alexis J. Gilman.
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"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.
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"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.
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"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.
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"Hot Topics in Non-Merger Litigation," 2018 ABA-AHLA Antitrust in Healthcare Conference, Arlington, VA
(May 17, 2018).
Presenter: Alexis J. Gilman.
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"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.
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"The ABCs of Antitrust in Healthcare: Introduction and Antitrust Overview, Part I - On Demand Recording," AHLA Webinar
(February 6, 2018).
Presenter: Alexis J. Gilman.
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"U.S. Antitrust Review Conference Call with Alexis Gilman of Crowell & Moring," The Capitol Forum
(January 9, 2018).
Presenter: Alexis L. Gilman.
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"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.
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"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.
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"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.
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"Fan Duel/Draft Kings Merger: The Antitrust Lineup," American Bar Association Teleconference
(November 8, 2017).
Panelist: Alexis J. Gilman.
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"When Competition Concerns Arise in Health Systems Combinations: Litigation Versus Regulation," ABA Antitrust Law Section Brownbag
(January 2017).
Presenter: Alexis J. Gilman.
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"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.
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"FTC v. Sysco/US Foods: Perspectives From the Trenches," ABA Antitrust Law Section Brownbag
(July 2016).
Presenter: Alexis J. Gilman.
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"Evolution of Market Definition in Healthcare Provider Transactions," ABA Health Law Section, 2016 Antitrust in Healthcare Conference
(May 2016).
Presenter: Alexis J. Gilman.
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"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.
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"Antitrust and Provider Mergers and Affiliations: Competition vs. More Affordable Care?" American Health Lawyers Association, AHLA Annual Meeting
(June 2015).
Presenter: Alexis J. Gilman.
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"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.
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"Provider Consolidation: Better Care or Higher Cost," Massachusetts Association of Health Plans, 13th Annual Health Policy Conference
(December 2014).
Presenter: Alexis J. Gilman.
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"Healthcare – Consolidation & The Affordable Care Act," GE Capital, Healthcare Financial Services – Equipment Finance Webinar
(October 2014).
Presenter: Alexis J. Gilman.
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"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.
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"2014 Antitrust Merger Enforcement Trends and Strategies," ABA Business Law Section Webinar
(June 2014).
Presenter: Alexis J. Gilman.
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"Remedies in Hospital Mergers: Structure vs. Behavior," ABA Section of Antitrust Law, Health Care & Pharmaceuticals Committee Teleseminar
(May 2014).
Presenter: Alexis J. Gilman.
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"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.
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"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
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"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).
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"INSIGHT: The FTC Tech Task Force-Are Lawsuits On The Horizon?" Bloomberg Law
(September 13, 2019).
Authors: Alexis J. Gilman, and Akhil Sheth.
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"INSIGHT: The FTC Tech Task Force—Answers To Important Questions (Part 1)" Bloomberg Law
(September 10, 2019).
Authors: Alexis J. Gilman, and Akhil Sheth.
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"Top 10 Antitrust Issues in CPG Mergers," Retail Leader
(August 18, 2019).
Co-Author: Alexis J. Gilman.
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"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.
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"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.
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"A Modern Approach to Retail Mergers," Crowell & Moring's Retail & Consumer Products Law Observer
(February 11, 2019).
Author: Alexis J. Gilman.
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"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.
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"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.
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"Group Purchasing Organizations – Antitrust Issues Checklist," Lexis Practice Advisor
(October 2018).
Authors: Alexis J. Gilman and Luke van Houwelingen.
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"A Modern Approach to M&A," Retail Leader Magazine
(September/October 2018).
Author: Alexis J. Gilman and Elizabeth Bailey (NERA).
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"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.
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"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.
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"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.
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"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.
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"Health Care – Mergers: Keeping Care Competitive," Crowell & Moring's Regulatory Forecast 2018
(February 2018).
Contributors: Joseph Miller and Alexis Gilman.
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"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.
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"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.
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"Managing Merger Control in the Era of Globalization," Antitrust Magazine
(2010).
Authors: Alexis J. Gilman and Jonathan N.T. Uphoff.
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"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.
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"Premerger Coordination: The Emerging Law of Gun Jumping and Information Exchange," ABA Book Publishing
(2006).
Contributor: Alexis J. Gilman.
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"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.
Client Alerts & Newsletters
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"FTC Orders Consummated Merger To Be Unwound,"
Antitrust Law Alert
(November 12, 2019).
Contacts: Lauren B. Patterson, Alexis J. Gilman
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"2018 Antitrust M&A Year in Review,"
Antitrust Law Alert
(March 1, 2019).
Contacts: Andrew I. Gavil, Alexis J. Gilman, Shawn R. Johnson, Joseph M. Miller, Jeane A. Thomas, CIPP/E, Wm. Randolph Smith
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"Open Season: Multi-Agency Report Makes Recommendations to Free the Health Care Sector from Overregulation and Enhance Competition,"
Health Care Alert
(January 10, 2019).
Contacts: Alexis J. Gilman, Joseph M. Miller, Brian McGovern, Joe Records, Stephanie D. Willis
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"Not So Fast: New FTC Guidance Means More Hospital Mergers Will Require HSR Filings Before Closing,"
Antitrust Law Alert
(November 1, 2018).
Contacts: Alexis J. Gilman, Shawn R. Johnson, Joseph M. Miller, Britton D. Davis, Connor Ahearn
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"Consummated-Merger Challenge by Private Party Results in First Ever Divestiture,"
Antitrust Law Alert
(October 15, 2018).
Contacts: Shaina Vinayek, Alexis J. Gilman, Olivier N. Antoine, Juan A. Arteaga, Shawn R. Johnson, Joseph M. Miller, Wm. Randolph Smith, Jeane A. Thomas, CIPP/E, Ryan C. Tisch
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"Reform of DOJ’s Merger-Review Process: AAG Delrahim Announces Changes Aiming to Complete Most Merger Investigations Within Six Months,"
Antitrust Law Alert
(September 27, 2018).
Contacts: Jeane A. Thomas, CIPP/E, Wm. Randolph Smith, Ryan C. Tisch, Shawn R. Johnson, Olivier N. Antoine, Joseph M. Miller, Juan A. Arteaga, Alexis J. Gilman
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"New Full Slate of FTC Commissioners Will Face Unique Challenges and Opportunities,"
Antitrust Law Alert
(April 30, 2018).
Contacts: Andrew I. Gavil, Alexis J. Gilman, Lisa Kimmel, Ph.D., Joseph M. Miller, Peter B. Miller, CIPP/G/US/E, CIPM, CIPT, Wm. Randolph Smith, Kristin J. Madigan, CIPP/US, Lauren B. Patterson, Lauren Aronson, Angel Prado
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"Henry Ford Allegiance Settles Antitrust Claims Alleging Coordinated Marketing Scheme,"
Antitrust Law Alert
(February 13, 2018).
Contacts: Joseph M. Miller, Alexis J. Gilman, Lauren R. Nunez
-
"Trump Administration Expands Availability of Non-ACA Compliant Health Plans,"
Health Care Alert
(October 13, 2017).
Contacts: A. Xavier Baker, Alexis J. Gilman, David McFarlane
In the News
-
Disruptor Of The Year: The Federal Trade Commission
December 9, 2019 — Biopharma Dive
-
FTC Upholds Ruling Against Prosthetics Deal
November 7, 2019 — GCR USA
-
Merger Monthly: Conner Promotion and FTC Merger Review; Outlook for Key Transactions Including AbbVie/Allergan, Infineon/Cypress, and Roche/Spark
November 4, 2019 — The Capitol Forum, Vol. 7 No. 397
-
Conner Promotion and FTC Merger Review; Outlook for Key Transactions Including AbbVie/Allergan, Infineon/Cupress, and Roche/Spark
November, 2019 — The Capitol Forum: Merger Monthly
-
Turnaround at Snap, Twitter Could Pose Challenge for Facebook Antitrust Case
October 2, 2019 — The Information
-
Google, Facebook Face Multiple Risks From New State Probes
September 9, 2019 — The Information
-
Unclear If DOJ, FTC Have Clearance To Investigate Specific Big Tech Companies: Antitrust Lawyer (video clip)
July 24, 2019 — CNBC
-
FTC Demands Could Mean Months-Long Delay For Roche-Spark Deal
June 12, 2019 — BioPharma Dive
-
FTC Tribunal Orders Unwinding Of Prosthetics Merger
May 9, 2019 — Global Competition Review
-
FTC Judge Upholds Unraveling Of Microprocessor Prosthetic Knee Firms Deal
May 8, 2019 — MedTech Drive
-
Big Tech's Free Services Complicate Possible Antitrust Breakup
April 11, 2019 — Bloomberg Law
-
FTC's New Tech Task Force Is A Warning To Industry
March 26, 2019 — Law360
-
Expert Insights: 2018 Health Care Antitrust Developments and What to Look For in 2019
February 5, 2019 — AHLA's Speaking of Health Law 2019
-
Shutdown Pushes Antitrust Agencies Into Merger 'Triage'
January 7, 2019 — Law360
-
What Does Regulating Google Search Even Mean? We Asked 4 Lawyers
August 30, 2018 — New York Law Journal
-
Can The Government Regulate Google Search Results? Lawyers Weigh In
August 29, 2018 — ABA Journal
-
Under New Chair, FTC Aims To Up Its Game For 21st Century
July 9, 2018 — Law360
-
Impax Beats The Rap Over Generic Drug Pact
May 22, 2018 — Bloomberg Health Care Blog
-
ViroPharma's Escape From Suit Could Limit FTC Enforcement
March 23, 2018 — Bloomberg BNA
-
New FTC Makeup to Continue Robust Health-Care Enforcement
March 13, 2018 — Bloomberg BNA
-
Strong Scrutiny of Health Care Mergers May Continue In 2018: Crowell & Moring Report
March 7, 2018 — Corporate Counsel
-
DOJ Settles Market Allocation Suit with Michigan Hospital
February 12, 2018 — Global Competition Review
-
The Top 5 Strategies Behind Law Firms' Lateral Hiring-And Whether They Work
January 28, 2018 — American Lawyer
-
Merger Reviews To Watch In 2018
January 1, 2018 — Law360
-
Crossing The Hudson
November 15, 2017 — Commercial Dispute Resolution
-
Amex Showdown Heads to Supreme Court As Lawyers Weigh In
October 27, 2017 — FTCWatch
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Crowell & Moring Adds Arent Fox IP Duo In California
October 11, 2017 — The Recorder
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Gilman Leaves FTC To Join Crowell & Moring
September 29, 2017 — FTC Watch
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Former FTC Assistant Director Joins Crowell & Moring
September 28, 2017 — Commercial Dispute Resolution
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FTC Assistant Director Leaves for Crowell & Moring
September 13, 2017 — Law360
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FTC Official Instrumental In Hospital Litigation Leaves Agency
September 6, 2017 — Bloomberg BNA
Firm News & Announcements