Stephen Wu

Stephen Wu focuses his practice on antitrust litigation, defending mergers and acquisitions before antitrust enforcement agencies and counseling clients on antitrust compliance issues. He represents clients in a wide variety of industries ranging from aerospace to consumer products and food, with a particular concentration on health care antitrust matters. He is co-chair of the Firm’s Health Antitrust Affinity Group. Read Stephen Wu's full bio.

Firm/Organization: McDermott Will & Emery

Blogs: Antitrust Alert, Employee Benefits Blog

Latest Articles

Antitrust Alert

DOJ Set to Increase Scrutiny of Government Contractors with New Procurement Collusion Strike Force

By Stephen Wu

November 6, 2019

Government contractors should be aware that the Department of Justice (DOJ) is taking new steps to scrutinize public procurement. The DOJ Antitrust Division’s creation of the Procurement Collusion Strike Force (PCSF) means that government procurement enforcement will be a significant focus for the agency moving forward. Although the new strike force builds on past government-wide efforts to detect illegal conduct in public procurement, recent activity from the Antitrust Division has raised the stakes. In light…

Antitrust Alert

THE LATEST: California Jury Rejects Robinson-Patman Act Claim Against 5-hour Energy Maker

By Stephen Wu, Michelle Lowery & Matt Evola

October 28, 2019

Family-owned wholesalers brought a Robinson-Patman claim against the maker of 5-hour Energy alleging discounts given to Costco amounted to illegal price discrimination. A jury in California rejected the claim after a fact-intensive analysis of competition and potential antitrust injury. WHAT HAPPENED: After seven hours of deliberations, a California jury decided that Living Essentials LLC, the maker of 5-hour Energy, did not engage in illegal price discrimination under the Robinson-Patman Act. U.S. Wholesale Outlet & Distribution,…

Antitrust Alert

Antitrust Enforcement Update: Spotlight on Physician Transactions

By Jeffrey W. Brennan, Ashley Fischer, Katharine M. O'Connor, Stephen Wu & Lisa A. Peterson

June 21, 2019

At both the state and federal level, antitrust enforcement agencies continue to pursue successful challenges to physician practice transactions. This article summarizes two recent enforcement actions, as well as a new state law that requires prior notice of healthcare provider transactions. We also offer practical takeaways for providers pursuing practice acquisitions. Access the full article.…

Antitrust Alert

Recent Indictments Demonstrate Increased Focus on Bid-Rigging in Government Procurements

By Stephen Wu, Michelle Lowery & Joshua W. Eastby

June 6, 2019

Companies involved in the government contracting industry should take note that the government is honing in on anticompetitive conduct affecting government procurements. The federal government has demonstrated an increased interest in this area, and companies should refresh and audit their compliance programs to avoid hefty civil and criminal penalties and potential prison terms for implicated employees. Access the full article.…

Antitrust Alert

Antitrust Litigation Update for Health Care Providers

By Stephen Wu, Katharine M. O'Connor & Joshua W. Eastby

June 4, 2019

2018 saw a significant upswing in antitrust litigation against health care providers; 27 cases were filed in 2018 versus 17 in 2017. In the latest Antitrust Update for Health Care Providers, we discuss what caused the notable rise, what kinds of cases were brought over the past two years and how they were decided, and what cases warrant particular attention in 2019. Access the full report.…

Antitrust Alert

Sixth Circuit Decision Affirms Summary Judgment Against Antitrust Challenge to Hospital Joint Operating Company’s Contracting Conduct

By Stephen Wu, Jeffrey W. Brennan, Ashley Fischer & Ashley L. McMahon

May 24, 2019

A recent decision by the US Court of Appeals for the Sixth Circuit is important for competitors involved in joint ventures because it states what mode of antitrust analysis—the per se rule or the rule of reason—applies to the conduct of joint ventures when it is challenged as anticompetitive. The decision is also significant because the court describes some steps joint venturers can take to improve the odds that their conduct will be analyzed under…

Antitrust Alert

Federal Court Opinion Reminds Health Care Providers to Assess the Antitrust Risks of Competitor Affiliations

By Stephen Wu & Katharine M. O'Connor

March 4, 2019

The Attorney General of the State of Washington (the State) scored another victory last week in its federal antitrust challenge to Franciscan Health System’s (Franciscan) affiliations with two competing physician practices, Washington v. Franciscan Health System, Case No. C17-5690 (W.D. Wa.), pending in the United States District Court for the Western District of Washington. Specifically, the district court ruled that Franciscan cannot assert as an affirmative defense that its affiliations are legal because the competing…

Antitrust Alert

THE LATEST: DOJ Announces Settlement with Carolinas Health System (Atrium Health) After Two Years of Litigation

By Jeffrey W. Brennan, Ashley Fischer, Stephen Wu, Michelle Lowery & Ashley L. McMahon

November 20, 2018

The Department of Justice (DOJ) announced last week that it and the State of North Carolina have reached a settlement with Carolinas Healthcare System / Atrium Health relating to provisions in contracts between the health system and commercial insurers that allegedly restrict payors from “steering” their enrollees to lower-cost hospitals. The settlement comes after two years of civil litigation, and serves as an important reminder to hospital systems and health insurers of DOJ’s continued interest…

Antitrust Alert

Antitrust Litigation Update for Health Care Providers

By Stephen Wu, Chelsea Black & Katharine M. O'Connor

June 25, 2018

In this Special Report, we highlight notable trends in antitrust litigation involving health care providers over the past two and a half years. Our complimentary update identifies the types of cases filed against providers, who is filing them, case results and currently pending cases to watch. Access the full report.…

Antitrust Alert

THE LATEST: Health Care Antitrust Enforcement Remains a Top Priority for New FTC Commissioners

By Jeffrey W. Brennan, Stephen Wu & Steven Vaughn

May 4, 2018

On April 27, 2018, the United States Senate confirmed President Trump’s five nominees for Commissioners of the Federal Trade Commission (FTC). Three are Republicans: Chairman Joseph Simons, Noah Phillips and Christine Wilson, and two are Democrats: Rohit Chopra and Rebecca Slaughter. The Senate’s vote returns the FTC to a full complement of Commissioners for the first time under the Trump Administration. Of note to participants in the health care sector: the FTC shares civil antitrust…

Stephen Wu

DOJ Set to Increase Scrutiny of Government Contractors with New Procurement Collusion Strike Force

THE LATEST: California Jury Rejects Robinson-Patman Act Claim Against 5-hour Energy Maker

Antitrust Enforcement Update: Spotlight on Physician Transactions

Recent Indictments Demonstrate Increased Focus on Bid-Rigging in Government Procurements

Antitrust Litigation Update for Health Care Providers

Sixth Circuit Decision Affirms Summary Judgment Against Antitrust Challenge to Hospital Joint Operating Company’s Contracting Conduct

Federal Court Opinion Reminds Health Care Providers to Assess the Antitrust Risks of Competitor Affiliations

THE LATEST: DOJ Announces Settlement with Carolinas Health System (Atrium Health) After Two Years of Litigation

Antitrust Litigation Update for Health Care Providers

THE LATEST: Health Care Antitrust Enforcement Remains a Top Priority for New FTC Commissioners

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