Michelle Lowery

Michelle Lowery is a trial lawyer who represents companies nationwide in high-stakes antitrust, unfair competition, and consumer protection litigation and investigations. She secures victories in business-critical cases through strategic motion practice and at trial. 

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• Represented a leading global chemical company in litigation asserting monopolization, group boycott, tying, and other antitrust and contract claims. Obtained full dismissal on the merits of more than 15 antitrust and contract counts
• Won a bench trial on all antitrust counts in a case alleging California unfair competition law violations and monopolization of a digital distribution platform and a payment collection system for apps
• Won summary judgment, affirmed by the US Court of Appeals for the Seventh Circuit, on monopolization and tying claims for payor contracting strategy brought by an outpatient surgery center against a hospital system
• Won motion to dismiss, affirmed by the US Court of Appeals for the Sixth Circuit, on a post-merger antitrust challenge to interlocking directors under Section 8 of the Clayton Act by private plaintiffs against a health system and its entire board of directors, who were each named individually
• Convinced the DOJ to close its investigation into an alleged price-fixing and capacity-reducing conspiracy in the plastics products manufacturing industry

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Defeated a 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 United States when it was filed, claiming damages more than $17 billion for alleged price-fixing and coordinated capacity restrictions. Defeated indirect purchaser class complaint at motion to dismiss, affirmed by the US Court of Appeals for the Seventh Circuit

Achieved a walkaway settlement from nationwide price-fixing conspiracy claims in the cardboard manufacturing industry

Convinced lead class plaintiffs’ counsel to decline to name a client in consolidated amended complaint in nationwide price-fixing and capacity reduction conspiracy

Serving as lead counsel for a large pharmacy benefit management company in multidistrict antitrust litigation involving allegations related to information sharing, benchmarking, and pricing through platform-based vendor services

Representing a major health insurance company in various multidistrict and state antitrust litigation alleging that payors conspired to suppress prices through the exchange of information using platform-based vendor services.

Arbitrated claims that a client’s subcontract and overall contracting strategy violate Section 1 of the Sherman Antitrust Act, resulting in a settlement for less than 10% of damages sought

Representing a health system in litigation challenging the anticompetitive effects of a public agency’s hospital purchase agreement under federal and California antitrust and unfair competition laws

Litigated against the California Attorney General’s Office for its attempt to impose antitrust conditions on a merger transaction, resulting in a favorable settlement

Mediated and arbitrated claims against a former joint venture partner for monopolization based on an exclusive contracting strategy covering development of outpatient surgery centers

Defended a physician management services company against allegations that restrictive covenants and exclusive contracting strategies violate California unfair competition and antitrust laws, resulting in a favorable settlement

Defended a third party and executives in a California attorney general’s antitrust investigation into a craft brewery distribution system

Defended a client in an investigation by the California attorney general into alleged violations of California unfair competition and antitrust laws for a group boycott, resulting in a favorable settlement

Defended a client in a California attorney general’s investigation alleging underpayments to a department of the state resulting in a settlement for a fraction of damages sought

Advised a health system on its response to a California attorney general’s investigation into artificial intelligence algorithms

Achieved a favorable settlement for a health system based on an antitrust counterclaim in a case brought by a pharmaceutical company

Won summary judgment on all counts in a case alleging theft of competitively sensitive information from a competing technology development company

Aided a third-party complainant in providing testimony to the FTC regarding exclusion from routing and eligibility markets

Representing numerous health IT companies in OIG and FTC investigations

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