Michelle Lowery has close to two decades of experience in achieving exceptional results for clients in antitrust and unfair competition litigation and investigations, including class actions. She routinely achieves victories for her clients in high-stakes cases on the papers and in the court house. She has specific experience in the healthcare, high-tech and manufacturing sectors, and specializes in litigation between competitors in these sectors. Michelle focuses her practice on helping her clients compete intensely, guiding and defending competitive strategies through and around litigation and investigations.
Michelle has been recognized by Legal 500 US, Super Lawyers and Benchmark Litigation as excelling in antitrust and unfair competition litigation, and is a member of the Firm’s antitrust and competition practice, which is designated “Global Elite” as one of the top 25 competition practices in the world by Global Competition Review.
Won summary judgment, affirmed by Seventh Circuit, of monopolization and tying claims for payor contracting strategy brought by outpatient surgery center against hospital system
Won motion to dismiss, affirmed by Sixth Circuit, on post-merger antitrust challenge by private plaintiffs against health system and entire board of directors, who were each named individually
Convinced Department of Justice to close its investigation into alleged price fixing and capacity reducing conspiracy in plastics products manufacturing industry
Defeated class certification on impact and damages of proposed direct purchaser class after taking the lead for the joint defense group in In re Steel Antitrust Litigation, which was the largest class action in the country when it was filed, claiming damages in excess of $17 billion for alleged price fixing and coordinated capacity restrictions
Achieved walkaway settlement in nationwide price-fixing conspiracy claims in cardboard manufacturing industry
Aided third-party complainant in providing testimony to Federal Trade Commission regarding exclusion from routing and eligibility markets
Defending physician management services company against allegations that restrictive covenants and exclusive contracting strategies violate California unfair competition and antitrust laws
Arbitrating claims against former joint venture partner for monopolization based on exclusive contracting strategy covering development of outpatient surgery centers in Southern California
Defending third party and executives in California Attorney General’s investigation into craft brewery distribution system
Advising health system on response to California Attorney General’s investigation into artificial intelligence algorithms
US Court of Appeals for the First Circuit
US Court of Appeals for the Sixth Circuit
US Court of Appeals for the Seventh Circuit
US District Court for the Northern District of Illinois
US District Court for the Southern District of Illinois
US District Court for the Northern District of California
US District Court for the Central District of California
US District Court for the Southern District of California
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