An antitrust specialist in the firm’s Washington, DC office, Herb Allen helps healthcare companies solve the most difficult problems in antitrust litigation and in investigations of healthcare transactions by antitrust enforcement agencies. Herb represents healthcare companies in all phases of merger investigations conducted by the U.S. Department of Justice and the Federal Trade Commission, and has deep experience representing clients in antitrust investigations and litigation, including significant class action litigation matters. Herb’s clients have included hospital systems, dialysis providers, physician groups, pharmaceutical companies, medical device manufacturers, and other healthcare companies.
Herb has repeatedly won antitrust lawsuits for healthcare clients before trial. Most recently, he won summary judgment in a physician-group acquisition challenged by a state antitrust enforcement agency under Section 7 of the Clayton Act—the only time in recent decades in which an antitrust merger challenge brought by a government enforcer was decided for the defendants on summary judgment. In another matter, Herb successfully invoked a Texas statute designed to protect First Amendment rights to secure dismissal of an antitrust claim against a Texas hospital system. Herb counsels healthcare companies on antitrust issues related to joint ventures, physician affiliation strategies, payer contracting, non-compete clauses, and pre-merger notification under the Hart-Scott-Rodino Act.