Overview

Jeffrey W. Brennan (Jeff) has practiced exclusively antitrust law for three decades, including more than 20 years in private practice and nearly 10 years over two tours at the Federal Trade Commission, from 1985 to 1990 as a staff attorney handling mergers and from 2001 to 2006 as assistant director, then associate director, of the Bureau of Competition. His current practice includes merger clearance, antitrust litigation, investigations by the FTC, DOJ and state attorneys general, and counseling on competitor collaborations and many other antitrust compliance issues. Jeff’s clients cover many industries, with the highest number in the health care services and products sector. He is co-chair of the Firm’s Health Antitrust affinity group.

From 2001 to 2006, Jeff was head of the FTC’s Health Care Services and Products Division, where he was responsible for directing antitrust investigations and litigation into transactions and conduct by hospitals, physicians and pharmaceutical companies, including joint pricing, boycotts, brand-generic patent settlements and exclusionary practices involving the Hatch-Waxman Act. He received the FTC’s Award for Distinguished Service, which cites his achievements in advancing the Agency’s competition mission in health care services and products and in merger analysis.

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Results

Antitrust counsel to Mountain States Health Alliance in obtaining, over FTC staff opposition, approvals with antitrust immunity from Tennessee and Virginia for merger with Wellmont Health System
Antitrust counsel to Cabell-Huntington Hospital in obtaining, over FTC staff opposition, approval with antitrust immunity from West Virginia for merger with St. Mary’s Medical Center
FTC clearance of merger of Rochester General Health System and Unity Health System, two of the three hospital systems in Rochester, New York

FTC clearance of acquisitions by Lehigh Valley Health Network of Greater Hazleton Health Alliance, Pocono Health System and Schuylkill Health System
FTC clearance of acquisition by Alnylam Pharmaceuticals of patent portfolio and other intellectual property assets from Merck relating to RNAi technology
FTC clearance of sale of Kinray, Inc., the largest drug wholesaler to independent pharmacies in the New York City area, to Cardinal Health, the second-largest drug wholesaler in the United States

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Recognitions

The Best Lawyers in America 2009 to 2019, Antitrust Law, Litigation – Antitrust
Chambers USA 2008 to 2019
The Legal 500 United States 2012 to 2019

LMG Life Sciences, Life Science Star 2012 to 2016, 2018
Benchmark Litigation Star 2019
Super Lawyers 2016

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Community

American Bar Association, Section of Antitrust Law
- Council Member, elected to three-year term through 2019
- Antitrust Section Liaison to Section of Health Law

- Immediate past Co-Chair, Health Care and Pharmaceuticals Committee
- Editorial Board Chair, 2012 Annual Review of Antitrust Law Developments
- Past Vice-Chair, Mergers & Acquisitions Committee
- Editorial Board Member, Pharmaceutical Industry Antitrust Handbook (2009)