• vcard
  • Education
    • J.D., Vanderbilt University Law School,

      Lightfoot Best Brief Award

    • B.A., Yale University

An experienced antitrust lawyer, Herb Allen regularly represents companies in high-profile antitrust litigation matters.  He also defends M&A transactions before the U.S. Department of Justice, the Federal Trade Commission, and state antitrust enforcement agencies.  His experience spans a wide range of industries, with extensive experience in the healthcare, pharmaceuticals, sports, chemicals, and consumer products industries.

Herb writes and speaks frequently on important antitrust issues.  His writing has appeared in Law360 and the Antitrust Source, among others.  Since 2016, Herb has been named a "Rising Star" for Antitrust Litigation in Washington, D.C. by Super Lawyers.  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 government enforcer’s challenge to a merger between healthcare companies under Section 7 of the Clayton Act; 
  • Defeating a class action 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 clearance for mergers in the healthcare and food products industries following major merger investigations by DOJ and FTC (i.e., Second Requests);
  • Successfully advocating for government intervention on behalf of parties adversely impacted by anticompetitive conduct and transactions;
  • Winning limitations on the discovery of clients’ highly confidential business information in litigated discovery disputes; and
  • Minimizing litigation costs for businesses faced with the obligation to produce millions of e-mails and other forms of electronically-stored information (ESI) under tight time constraints.

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 trade associations and companies on the design and implementation of antitrust compliance programs; 
  • Serving as outside antitrust counsel to several 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.
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December 18, 2020
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Co-Author, American Health Law Association (AHLA)
August 1, 2020
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May 6, 2020
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April 20, 2020
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April 2, 2020
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March 25, 2020
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November 19, 2019
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October 10, 2019
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