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 & Competition Group in the firm's Washington, D.C. office. 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. Alexis brings significant prior government experience and expertise, having joined the firm from the Federal Trade Commission, where he was Assistant Director of the Mergers IV Division. 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. Alexis was recognized by Who's Who Legal in the category Competition Future Leaders - Partners in 2019 and 2020, as a Recommended Lawyer by Legal 500 in the category Antitrust: Merger Control in 2020, and by Best Lawyers in America 2021 for Antitrust.

At Crowell, select matters include:

  • Representing a multi-state integrated health system in its proposed acquisition of a large regional referral hospital.
  • Represented Summa Health in its proposed affiliation with Beaumont Health (subsequently abandoned).
  • Represented a private equity firm and its portfolio company in obtaining clearance from the FTC of an acquisition in an area subject to a Prior Notice requirement.
  • Represented a leading global manufacturer and marketer of branded consumer foods as a third party in an FTC merger investigation.
  • Represented 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.
  • Represented AT&T in its successful defense of the DOJ’s suit challenging its $108 billion acquisition of Time Warner.
  • Represented a Fortune 100 healthcare services company as a third party in an FTC merger investigation.
  • 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.
  • Counseled 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 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, 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, Business, and Health 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

  • "Mergers & Acquisitions: Antitrust – Horizontal Merger Law," The Government Investigations & Civil Litigation Institute's Sixth Annual Meeting (November 4, 2020). Presenter: Alexis J. Gilman.
  • "Election 2020: The Impact on Health Care," Crowell & Moring Webinar (October 23, 2020). Presenters: A. Xavier Baker, Troy A. Barsky, Jodi G. Daniel, Alexis J. Gilman, and James Flood.
  • "Going Vertical: FTC/DOJ Final Vertical Merger Guidelines," American Health Law Association Webinar (August 27, 2020). Presenter: Alexis J. Gilman.
  • "Update on State Antitrust Enforcement: A Panel Discussion with State Attorneys General," Crowell & Moring and Bates White Webinar (May 14, 2020). Co-Moderator: Alexis J. Gilman.
  • "State AG Enforcement Actions Against Health Providers” American Health Law Association Webinar (May 13, 2020). Presenter: Alexis J. Gilman.
  • "Going Vertical: A Deep Dive on Antitrust Analysis in Vertical Mergers," American Health Law Association’s Health Care Transactions Conference Webinar (April 20, 2020). Presenter: Alexis J. Gilman.
  • "Increased Antitrust Scrutiny and Enforcement in Tech: the Risks and Opportunities are Not Just for Big Tech," GCR/Lexology Webinar (April 15, 2020). Moderator: Andrew I. Gavil; Panelists: Alexis J. Gilman, Thomas De Meese, and Jeane A. Thomas.
  • "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


Client Alerts & Newsletters


Media Mentions


Firm News & Announcements

Aug.20.2020 The Best Lawyers in America 2021 Recognizes 46 Crowell & Moring Attorneys, Two Selected as Lawyer of the Year
Jul.20.2020 Legal 500 United States Ranks Crowell & Moring in Five Practice Areas in 2020 Guide
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