Stephen Wu
Subscribe to Stephen Wu's PostsStephen Wu has nearly 25 years’ experience in defending antitrust litigation in federal courts around the country, defending mergers and acquisitions before the Federal Trade Commission (FTC), the United States Department of Justice (DOJ) Antitrust Division and State Attorneys General and counseling clients on antitrust compliance issues. Read Stephen Wu's full bio.
Federal Court Opinion Reminds Health Care Providers to Assess the Antitrust Risks of Competitor Affiliations
By Katharine M. O'Connor and Stephen Wu on Mar 4, 2019
Posted In Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Monopolization/Abuse of Dominance
The Attorney General of the State of Washington (the State) scored another victory last week in its federal antitrust challenge to Franciscan Health System’s (Franciscan) affiliations with two competing physician practices, Washington v. Franciscan Health System, Case No. C17-5690 (W.D. Wa.), pending in the United States District Court for the Western District of Washington. Specifically,...
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THE LATEST: DOJ Announces Settlement with Carolinas Health System (Atrium Health) After Two Years of Litigation
By Stephen Wu, Michelle Lowery, Ashley Fischer and McDermott Will & Emery on Nov 20, 2018
Posted In DOJ Developments, Healthcare Antitrust, Monopolization/Abuse of Dominance
The Department of Justice (DOJ) announced last week that it and the State of North Carolina have reached a settlement with Carolinas Healthcare System / Atrium Health relating to provisions in contracts between the health system and commercial insurers that allegedly restrict payors from “steering” their enrollees to lower-cost hospitals. The settlement comes after two...
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Antitrust Litigation Update for Health Care Providers
By Katharine M. O'Connor and Stephen Wu on Jun 25, 2018
Posted In Healthcare Antitrust, Mergers & Acquisitions, Private Litigation
In this Special Report, we highlight notable trends in antitrust litigation involving health care providers over the past two and a half years. Our complimentary update identifies the types of cases filed against providers, who is filing them, case results and currently pending cases to watch. Access the full report.
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THE LATEST: Health Care Antitrust Enforcement Remains a Top Priority for New FTC Commissioners
By Stephen Wu, McDermott Will & Emery and McDermott Will & Emery on May 4, 2018
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust
On April 27, 2018, the United States Senate confirmed President Trump’s five nominees for Commissioners of the Federal Trade Commission (FTC). Three are Republicans: Chairman Joseph Simons, Noah Phillips and Christine Wilson, and two are Democrats: Rohit Chopra and Rebecca Slaughter. The Senate’s vote returns the FTC to a full complement of Commissioners for the...
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Optical Illusion: Lack of Overcharge Evidence Yields Summary Judgment Victory for Optical Disk Drive Manufacturers
By David L. Hanselman, Jr., Lisa A. Peterson and Stephen Wu on Dec 29, 2017
Posted In Private Litigation
Manufacturers of optical disk drives defeated electronics companies’, retailers’ and indirect purchaser plaintiffs’ conspiracy claims after seven years of litigation. On December 18, 2017, the US District Court for the Northern District of California issued simultaneous orders that granted summary judgment in favor of defendants after finding that the electronics companies, retailers and indirect purchasers failed...
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DOJ, FTC Issue Antitrust Guidance to Human Resources Professionals
By Lauren Salins, Stephen Wu and McDermott Will & Emery on Oct 25, 2016
Posted In Cartel Enforcement, DOJ Developments, FTC Developments, Healthcare Antitrust
On October 20, 2016, the United States Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) issued joint Antitrust Guidance to Human Resource (HR) Professionals (the Guidance) involved in hiring and compensation decisions. The agencies issued the guidance to educate HR professionals about how the antitrust laws apply in the employment context. Read...
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Third Circuit Blocks Hospital Merger in Key Victory for FTC on Geographic Market Definition
By Stephen Wu, Daniel Powers, Ashley Fischer and McDermott Will & Emery on Sep 28, 2016
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance
On September 27, 2016, the US Court of Appeals for the Third Circuit handed an important victory to the Federal Trade Commission and the Commonwealth of Pennsylvania in a closely watched hospital merger case. The decision provides clear guidance on the appropriate tests for determining geographic markets in hospital merger cases, while also suggesting that...
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Breaking The Health Company Compliance Program Monopoly
By Michael W. Peregrine and Stephen Wu on Sep 20, 2016
Posted In Healthcare Antitrust
The ultimate effectiveness of the corporate compliance program depends on its ability to mitigate risks arising from all substantive laws materially affecting the company — not only the most visible or notorious ones. Yet, both experience and impression suggest that many health company compliance programs are primarily focused on addressing concerns arising from the anti-fraud...
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FTC and DOJ Host Workshop Examining Health Care Competition
By McDermott Will & Emery, Ashley Fischer, Lisa A. Peterson, Stephen Wu and McDermott Will & Emery on Mar 4, 2015
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
The Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) held a public workshop on February 24–25, 2015, to examine recent trends and developments in health care provider organization and payment models, and their potential effects on competition in the provision of health care services. A main message from...
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Perspectives from the Federal Antitrust Enforcement Agencies
By Ashley Fischer, Michelle Lowery and Stephen Wu on May 20, 2014
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust
At the recent Antitrust in Health Care conference in Arlington, Virginia, representatives from the Federal Trade Commission and U.S. Department of Justice Antitrust Division discussed important health care and antitrust topics. Speakers stressed that the Affordable Care Act is not an opportunity for anticompetitive consolidation and conduct. Providers and payers alike should continue to analyze...
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