Overview
Stephen Wu has nearly twenty-five 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.
Stephen has successfully defended clients in class actions and other litigation brought by purchasers, competitors, and employees alleging unlawful conspiracy, price-fixing, wage-fixing, exclusive dealing, group boycott, market allocation, monopolization and tying claims. In addition, Stephen has successfully defended numerous mergers and acquisitions from federal and state antitrust reviews. Stephen also regularly counsels clients on pricing and distribution and joint venture matters. He represents clients in a wide variety of industries, ranging from consumer goods to healthcare to packaging. Stephen is co-head of the Firm’s Health Antitrust Practice Group.
Stephen has been recognized as a leading antitrust lawyer by The Best Lawyers in America, BTI Consulting, Chambers USA, Global Competition Review, Lawyers of Color, The Legal 500 USA, LMG Life Sciences, The National Law Journal and Super Lawyers.
Prior to joining the Firm, Stephen was an attorney for the FTC, where he received its Award for Meritorious Service. At the Firm, Stephen received McDermott’s Pro Bono and Community Service Award in 2010 for his pro bono efforts.
Results
- Obtained favorable settlement for Geisinger Health in the DOJ’s challenge to its partial interest acquisition of Evangelical Community Hospital (United States v. Evangelical Community Hospital, et al., (M.D. Pa.)
- Obtained favorable settlement for The Permanente Medical Group in a case involving federal and state antitrust and unfair competition claims brought by a competing health system (NorthBay Healthcare Group v. Kaiser Foundation Health Plans, et al., (N.D. Cal.))
- Obtained summary judgement for Southern Illinois Healthcare, the largest health systems in southern Illinois, in antitrust litigation brought by a competing ambulatory surgery center based on allegedly exclusive contracts, a ruling that was affirmed by the US Court of Appeals for the Seventh Circuit (Marion Healthcare LLC v. Southern Illinois Healthcare, et al., (S.D. Ill.))
- Obtained dismissal of rare private challenge to an acquisition (Marion HealthCare LLC v. Southern Illinois Health Services, et al., (S.D. Ill.))
- Obtained favorable settlement for Roger Williams Medical Center after asserting antitrust counterclaims against a pharmaceuticals company in a patent infringement litigation involving oncology drugs (Immunomedics, Inc. v. Roger Williams Medical Center, et al., (D.N.J.))
- Defended Weyerhaeuser Company in class action alleging federal antitrust price-fixing conspiracy claim (Kleen Products v. International Paper Co., (N.D. Ill.))
- Obtained dismissal of federal and state antitrust and unfair competition claims against E3/Alpine Healthcare Management brought by a competitor based on an alleged group boycott supported by allegedly exclusive contracts (Bay Area Surgical Mgmt., LLC, et al., v. Aetna Life Ins. Co., et al., (N.D. Cal.))
- Obtained summary judgment against federal antitrust conspiracy and monopolization claims, a ruling that was affirmed by the US Court of Appeals for the Seventh Circuit (Mercatus Group, LLC v. Lake Forest Hospital, (N.D. Ill.))
- Obtained dismissal of federal and state antitrust conspiracy and monopolization claims, and state unfair competition claims, a ruling that was affirmed by the US Court of Appeals for the Ninth Circuit (Space Exploration Techs. Corp. v. The Boeing Co. and Lockheed Martin Corp., (C.D. Cal.))
- Obtained favorable settlement of antitrust conspiracy claims brought by the DOJ and a state attorney general against a health system
- Defended several health systems in Illinois, Michigan, New York and Texas against class action lawsuits on behalf of registered nurses alleging the health systems conspired to depress compensation paid in violation of Sherman Act Section 1
- Defeated a preliminary injunction motion in defense of a “bundled” discount arrangement for the world’s largest biotechnology company (Ortho Biotech Products, L.P. v. Amgen, Inc., (D.N.J.))
- Secured global antitrust clearance with minor divestitures for $6.8 billion merger creating the world’s leading flexible packaging firm
- Secured antitrust clearance for the largest United States ambulatory surgery center chain acquisition in the history of the industry
- Secured antitrust clearance for several health system affiliations and mergers and acquisitions across the country
Recognitions
- BTI Consulting, M&A Client Service All-Stars, 2021
- The Best Lawyers in America, Litigation – Antitrust, 2021 to 2024
- Chambers USA, Ranked Individual, 2018 to 2023
- Global Competition Review, recognized as “Elite” in Illinois, 2018 to 2022
- Lawdragon 500, describing Stephen as a leading antitrust litigator, 2023 to 2024
- Legal 500 US, describing Stephen as “recommended by clients” for its Tier 1 Healthcare: service providers team, and “recommended” for cartels and merger defense and civil litigation/ class action defense, 2016 to 2023
- LMG Life Sciences, Leading Life Sciences Lawyer, 2019, 2022 to 2024
- Lawyers of Color, 2014 Hot List
- The National Law Journal, Rising Star, Chicago’s 40 Under 40, 2013
- Super Lawyers, Antitrust Litigation, 2022 to 2023
- Federal Trade Commission, Award for Meritorious Service and Stephen Nye Award, 2001
Community
- American Bar Association, Section of Antitrust Law, member and frequent speaker
- American Bar Association’s Antitrust Law Developments, contributing author
- American Health Lawyers Association’s Antitrust Practice Group, frequent speaker
- Asian American Bar Association of Greater Chicago, Law Foundation, board member
Credentials
Education
George Washington University Law School, JD, 1999
University of Illinois at Urbana-Champaign, BA/BS, 1996
Admissions
Illinois
Courts / Agencies
US Court of Appeals for the Sixth Circuit
US Court of Appeals for the Seventh Circuit
US Court of Appeals for the Ninth Circuit
US District Court for the Northern District of Illinois
US District Court for the Southern District of Illinois
US District Court for the Eastern District of Michigan
