Derek W. Kelley is an associate in Crowell & Moring's Orange County office and practices in the firm's Antitrust Group. As a complex litigator, he focuses on antitrust and competition litigation. Derek also has counseled clients on antitrust and competition compliance, and he has experience in complex commercial litigation and securities litigation.
In his antitrust and competition litigation practice, Derek participates in complex antitrust recovery, plaintiff litigation, and defense litigation. He counsels clients on antitrust issues associated with potential transactions and joint ventures. Derek has substantial experience in health care antitrust, including representing successful private plaintiffs in their landmark challenge of a provider acquisition in Saint Alphonsus v. St. Luke’s and currently representing Humana in defense of its merger with Aetna.
In his pro bono practice, Derek has substantial experience in employment law, and he has represented workers in administrative hearings as well as in state circuit courts, state courts of appeal, and state supreme courts. He has also petitioned the U.S. Supreme Court for certiorari review on behalf of claimants for federal unemployment benefits.
Derek received his B.A. with distinction and highest honors from the University of Michigan, Ann Arbor, where he majored in classical languages and literature and was awarded the Seligson Prize recognizing the most exceptional undergraduate in classical Greek. As part of his B.A., he was a visiting student at the University of Oxford, where he received all first-class marks in masters-level courses in Ancient Greek and Latin. Prior to starting at Michigan, he was also awarded a Dean’s Scholarship, which provided full tuition. He earned his J.D. magna cum laude from the University of Michigan Law School, where he was awarded multiple Certificates of Merit and was an editor for the Michigan Journal for Law Reform. He was also the recipient of numerous merit scholarships. While in law school, Derek was an intern at the Michigan Unemployment Insurance Project (now a clinic at the University of Michigan Law School) and the U.S. Attorney’s Office for the Eastern District of Michigan.
- Representing Humana in the U.S. Department of Justice’s challenge of its merger with Aetna.
- Representing one of the world’s largest automakers in litigation to recover overcharges caused by an international vehicle carrier services bid rigging and price fixing cartel.
- Representing computer manufacturers in litigation to recover overcharges caused by an international optical disc drive price-fixing cartel.
- Represented some of the largest automakers and auto parts suppliers, as well as indirect purchasers, to recover overcharges caused by price fixing and bid rigging by international parts suppliers.
- Successfully challenged a hospital network’s acquisition of a physician’s practice group at trial and on appeal. Saint Alphonsus v. St. Luke’s, 12-cv-00560-BLW-REB (D. Idaho).
- Obtained dismissal of securities claims brought under Delaware Securities Acts on behalf of a private equity firm.
- Counseled a major hospital network on various provider acquisitions.
- Represented a health insurer in challenge to a competitor insurer’s MFN provisions with providers.
Admitted to practice: California, Michigan
Client Alerts & Newsletters
"Department of Justice Heightens Focus on Health Care, Challenges North Carolina Hospital’s Patient Steering Restrictions,"
Antitrust Law Alert
(June 15, 2016).
Contacts: Derek W. Kelley, Joseph M. Miller, Christie L. Stahlke
"The FTC Continues Its Hard Line on Exclusive Dealing,"
Antitrust Law Alert
(April 29, 2016).
Contacts: Lisa Kimmel, Derek W. Kelley
"DOJ Charges Hospitals with Illegal Agreement to Allocate Marketing Territories,"
Antitrust Law Alert
(April 20, 2016).
Contacts: Joseph M. Miller, Derek W. Kelley