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  • Education
    • J.D., Duke University School of Law, 1983, Order of the Coif; Executive Editor, Duke Law Journal
    • B.A., with honors, The University of Chicago, 1980
  • Court Admissions
    • United States Supreme Court, 2000
    • U.S. Court of Appeals, Eighth Circuit, 2009
    • U.S. Court of Appeals, Sixth Circuit, 1997
    • U.S. Court of Appeals, Third Circuit, 1999
    • U.S. Court of Appeals, Seventh Circuit, 1991
    • U.S. District Court, Northern District of Illinois, 1983
    • U.S. District Court, Northern District of Illinois, Trial Bar, 1986

Mitchell Raup, vice-chair of Polsinelli’s Antitrust practice, has 30 years’ experience solving the most difficult antitrust problems. He has been lead antitrust counsel on dozens of health care M&A transactions involving hospitals, physician groups, provider networks, health insurers, pharmaceuticals, dialysis clinics, and group purchasing organizations. He regularly represents businesses and witnesses in antitrust investigations by the Federal Trade Commission, the Antitrust Division of the Department of Justice, and state attorneys general.

Mitchell litigates high-stakes antitrust cases, including class actions and arbitrations. His cases have involved allegations of illegal monopoly and monopsony; price-fixing and price-signaling; vertical restraints on pricing and distribution; exclusive contracts, tying and bundling, boycotts and refusals to deal; and many other alleged restraints of trade. Based on his litigation experience, Mitchell counsels clients on how to identify and reduce antitrust risks. He conducts antitrust audits and antitrust compliance training.

Mitchell also has experience with consumer protection law, including the Federal Trade Commission’s “Green Guides” applicable to environmental marketing.

  • Successfully defended multiple FTC and state AG investigations of hospital mergers.
  • Successfully defended three Department of Justice investigations of multibillion dollar health insurance mergers.
  • Obtained FTC approval of pharmaceutical company’s $200 million acquisition of a competitor's product line.
  • Successfully defended Department of Justice antitrust investigation involving alleged price signaling; investigation closed without action.
  • Successfully defended FTC investigation of $3.5 billion acquisition of a competing dialysis service provider, which required separate merger analyses and negotiation of consent decrees in scores of local markets.
  • Defeated preliminary injunction motion in a class action alleging that a seafood processor conspired to reduce the price of fish purchased from fishermen. Court rejected plaintiffs' antitrust theory. Plaintiffs later abandoned their case.
  • Defense of two antitrust cases alleging conspiracies among hospitals and health insurers to boycott physician-owned specialty hospitals. Claims against the clients were dismissed.
  • Defense of a class action by medical residents who alleged that the “match” illegally restrains competition among hospitals for residents.
  • Defense of two antitrust cases challenging exclusive contracting by hospital group purchasing organizations, which allegedly excludes innovative medical devices from the market.
  • Defense of complex class actions alleging price-fixing of CDs, including federal multi-district litigation and dozens of parallel state-court suits.
  • Arbitration of antitrust, trademark and contract disputes between Blue Cross Blue Shield plans and the Blue Cross Blue Shield Association.
  • Defense of antitrust class actions in the airline industry, including travel agent commission and ticket resale cases.
  • Pro bono trials and appeals in capital murder cases, including two habeas corpus trials securing relief from death sentences for mentally retarded clients, and defending that relief on appeal to the Georgia Supreme Court.
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