An experienced antitrust lawyer, Herb Allen regularly represents companies in high-profile antitrust litigation matters. He defends M&A transactions before the U.S. Department of Justice, the Federal Trade Commission, and state antitrust enforcement agencies. Herb also counsels companies and trade associations on the full range of U.S. antitrust law issues, including the design of antitrust compliance programs, the formation of joint ventures, pre-merger notification requirements under the HSR Act, and resale pricing programs.
Herb’s experience spans a wide range of industries, with extensive experience in the healthcare, pharmaceuticals, sports, chemicals, construction, and consumer products industries.
Herb writes and speaks frequently on important antitrust issues. His writing has appeared in Law360, AHLA Connections, and the Antitrust Source, among others. Herb brings the perspective of a journalist to his practice. After attending Yale, Herb worked for several years on the editorial staff of The New Yorker magazine.
Herb has achieved favorable outcomes for clients in numerous litigation and merger-clearance matters, to include:
- Leading the team that defeated a state AG’s challenge to a merger between healthcare providers following two years of litigation in federal court;
- Defeating an antitrust lawsuit brought against a pharmaceutical company on a “product hopping” theory on a motion for summary judgment, a result that was upheld in the Third Circuit;
- Winning complete dismissal of antitrust claims brought against a Texas hospital system by invoking the Texas anti-SLAPP statute;
- Obtaining clearance for mergers in the healthcare and food products industries following major merger investigations by DOJ and FTC (i.e., Second Requests);
- Winning approval for a significant divestiture transaction in the beer industry following a DOJ Second Request;
- Securing antitrust approval for a series of complex IP licensing transactions on behalf of a global pharmaceutical company; and
- Securing approval for numerous significant acquisitions of hospitals and physician groups on behalf health systems.
Clients also seek out Herb to provide counsel on the full range of U.S. antitrust law issues. Herb’s counseling practice regularly includes:
- Advising companies on pre-merger notification requirements under the Hart-Scott-Rodino (HSR) Act;
- Advising trade associations and companies on the design and implementation of antitrust compliance programs;
- Serving as outside antitrust counsel to trade associations;
- Advising companies on the formation of joint ventures and other competitor collaborations, including those in the healthcare industry; and
- Advising manufacturers, retailers, and distributors on retail price maintenance (RPM) strategies, including Minimum Advertised Price (MAP) Policies and Unilateral Pricing Policies.