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F 202.478.0375
  • 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, Chair of Polsinelli’s Antitrust practice, has 38 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 represented hospitals, as defendant or as witness, in the two most recent litigated government antitrust challenges to hospital acquisitions of physician groups.

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’s experience includes litigating numerous sports-related antitrust cases. He has litigated cases involving amateur hockey, college athletics, the Rules of Golf, and has frequently counseled sports organizations on a wide range antitrust issues.

  • Lead defense counsel for a health system in an antitrust suit by the Washington Attorney General seeking to enjoin and unwind two physician practice acquisitions. Summary judgment for defendants on one acquisition; case settled with no divestitures.
  • Lead counsel for a hospital as trial witness for the FTC in FTC v. Sanford Health; physician practice acquisition enjoined on the FTC’s motion.
  • Lead counsel for four amateur hockey teams in antitrust suit challenging the exclusion of a fifth team from a youth hockey league. Case dismissed on our motion.
  • Counsel for plaintiff in a pending antitrust suit challenging anticompetitive exclusion of generic drugs.
  • Successfully defended multiple FTC and state AG investigations of hospital mergers and physician practice acquisitions.
  • Successfully defended Department of Justice antitrust investigation involving alleged price signaling; investigation closed without action.
  • 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 two antitrust cases challenging exclusive contracting by hospital group purchasing organizations, which allegedly excluded 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.
  • 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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