Overview
Michelle Lowery focuses her practice on complex antitrust litigation, transactional and counseling matters 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. Michelle has been recognized by the Legal 500 US, Super Lawyers and Benchmark Litigation as excelling in antitrust work.
Michelle has a decade of experience in achieving exceptional results for her clients in class action conspiracy, monopolization and exclusive dealing cases. She has significant expertise in the manufacturing and health care/life sciences sectors for both litigation and transactional matters. She has guided many healthcare companies through transformational transactions, while avoiding or resolving antitrust regulators’ inquiries. Michelle also regularly advises clients on a variety of complex distribution chain matters.
Michelle works out of both the Los Angeles and Chicago offices.
Results
- 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 dismissal, affirmed by the Seventh Circuit, of all indirect purchaser claims on behalf of the entire joint defense group in In re Steel Antitrust Litigation
- Succeeded in excluding direct purchaser plaintiffs’ securities expert on behalf of joint defense group through a motion in limine in price fixing litigation, In re Containerboard Antitrust Litigation
- Defended clients’ exclusive contracts in litigation and counseled clients regarding entering and drafting exclusive and other restrictive contracts
- Persuaded the Federal Trade Commission to close its investigation into clinical and financial integration of accountable care organization
- Convinced Department of Justice to close its investigation into alleged price fixing and capacity reducing conspiracy in plastics products manufacturing industry
- Achieved early termination of the Federal Trade Commission’s review of Memorial Health System’s affiliation with Passavant Area Hospital
- Drafted summary judgment motion for world’s once largest containerboard manufacturer, Weyerhaeuser Company, which persuaded plaintiffs, who were seeking $11 billion in damages, to settle with Weyerhaeuser and the Court to grant summary judgment for remaining defendants
- Persuaded Federal Trade Commission that state action immunity applied to Jackson-Madison County Hospital District’s acquisition of Tennova Hospitals
- Formulated antitrust counterclaims in patent infringement litigation over immunotherapy treatment, which led to favorable settlement terms and allowed clinical trials to continue
- Transformed a multi-distributor system to an exclusive distributor system for global pharmaceutical and diagnostics manufacturer
- Counseled assorted clients on complex Robinson-Patman issues, including conducting trainings and negotiating contract terms
- Created, implemented and trained clients on antitrust compliance policies
Recognitions
- The Legal 500 US, 2016 to 2022
- Super Lawyers, Rising Star
- Benchmark Litigation 40 & Under Hot List and Future Star, 2018 to 2021
Community
- The Loyola Law Journal member
Credentials
Education
Loyola University of Chicago School of Law, JD, magna cum laude, 2007
Loyola University Chicago, BBA, magna cum laude, 2004
Admissions
California
Colorado
Illinois
Courts/Agencies
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
