Jody Boudreault

Chair - Antitrust Life Sciences and Healthcare Partner

Jody Boudreault

Washington, D.C.

P: +1.202.639.7807
F: +1.202.585.1039

Transactions and Counseling

  • Acquisition of a multi-city cardiology practice and MSO closed without a Second Request.
  • Acquisition of cardiac catheterization laboratories in six states and gun-jumping training, closed without a Second Request.
  • Resale price maintenance counseling regarding online marketplace company’s contracts with a vendor.
  • Technology company’s response to an EU Request for Information under the Digital Markets Act (DMA).
  • Antitrust counseling to an education technology platform.
  • Creation of an online consumer marketplace JV in the U.S. and U.K.
  • Acquisition of an international technology company.
  • Antitrust guidelines, common interest agreement and ongoing antitrust advice to a risk-bearing JV provider entity.
  • Antitrust risk assessment for various potential acquisitions in healthcare, pharmaceutical and technology industries.
  • Advocacy through FTC review on a top health system’s proposed acquisition of an independent acute care hospital.
  • Optum’s $4.3 billion acquisition of DaVita Medical Group's primary care physicians, specialty physicians and ASCs in six states after Second Request compliance.
  • $13 billion acquisition of a national pharmacy benefit manager without a Second Request.
  • Successful resolution of a DOJ Section 8 investigation of a healthcare consulting firm.
  • Antitrust counseling to FDIC regarding the Unique Product Identifier (UPI) system. The Regulatory Oversight Committee and the Derivatives Service Bureau Finalise a Memorandum of Understanding.
  • Acquisition of a fintech health savings bank closed without a Second Request.
  • Antitrust counseling to a blockchain joint venture.
  • Secured DOJ approval for UnitedHealthcare to acquire a New Hampshire health plan divested in Harvard Pilgrim’s acquisition of Tufts Health Plan; related contract negotiation advice.
  • Advocacy to Congress on consumer and taxpayer benefits from vertical integration of health-related companies; advocacy to CMS regarding price transparency proposed rules.
  • Advised health industry participants on quality metrics standard setting.
  • Acquisition of multiple technology companies closed without Second Requests.
  • DOJ merger clearances for consumer-facing Medicare Advantage plans
  • Antitrust strategy in a contract dispute between a hospital and a health plan.
  • Advocated on behalf of non-party complainant in FTC investigation of E. & J. Gallo Winery's acquisitions from Constellation Brands, Inc., resulting in divestitures. FTC Imposes Conditions on E. & J. Gallo Winery's Acquisition of Assets from Constellation Brands, Inc.
  • Advised non-parties in DOJ merger investigation of Cengage/McGraw Hill, including representation during agency interviews and subpoena responses. Cengage and McGraw-Hill Terminate Merger Agreement in Response to Antitrust Concerns
  • Advocated on behalf of non-party complainant before the DOJ; California, Mississippi and Iowa state Attorneys General; and NAAG in DOJ's review of Bayer/Monsanto, which resulted in divestitures. Justice Department Secures Largest Negotiated Merger Divestiture Ever to Preserve Competition Threatened by Bayer’s Acquisition of Monsanto
  • Advocacy for an industry participant in connection with the DOJ's review of the ASCAP and BMI consent decrees.
  • Regularly assess antitrust risk and provide guidance on potential acquisitions, joint ventures, contract clauses, information sharing, data access and other business transactions.

Litigation

  • In re Blue Cross Blue Shield Antitrust Litigation, No. 2:13-cv-20000 (N.D. Ala.). Represented a third party in discovery.
  • United States v. Aetna Inc., No. 1:16-cv-01494 (D.D.C.). Represented a third party in discovery.
  • United States v. Anthem, Inc., No. 1:16-cv-01493 (D.D.C.). Represented a third party in discovery; represented others in non-party advocacy before the DOJ.
  • United States v. Broadcast Music, Inc., No. 16-3830 (2d Cir.). Submitted amicus brief on behalf of industry participant.
  • Prime Aid Pharmacy Corp. v. Humana Inc., No. 2:16-cv-02104 (D.N.J.). Defended against specialty pharmacy network exclusion and aftermarket lock-in § 1 and § 2 claims.
  • RMLC v. SESAC. Consulted on antitrust issues in arbitration to set industry contract rates.
  • Radio Music License Committee, Inc. v. SESAC, Inc., No. 2:12-cv-05807 (E.D. Pa.). Defended monopolization claims to settlement.
  • Meredith Corp. v. SESAC, LLC, No. 1:09-cv-09177 (S.D.N.Y.). Defended class action monopolization claims to settlement.
  • FTC v. St. Luke's Health System, Ltd., No. 1:13-cv-00116 (D. Idaho). Submitted amicus brief on behalf of health plan industry.
  • United States v. Dairy Farmers of America, Inc., No. 6:03-cv-206 (E.D. Ky. Apr. 24, 2003). DOJ investigation of partial acquisition of competing dairies in Kentucky, focusing on school-milk markets.
  • United States v. 3D Systems Corp., No. 1:01-cv-01237 (D.D.C. June 6, 2001). DOJ investigation of an acquisition of 3-D printing technology that would have decreased the number of competitors from three to two. Anticompetitive effects analyzed included harm to technological innovation.
  • United States v. Premdor, Inc., No. 1:01-cv-01696, (D.D.C. Aug. 3, 2001). DOJ investigation of vertical acquisition of doorskin manufacturer by molded door manufacturer.
  • United States v. Aktiebolaget Volvo, No. 1:00-cv-03006 (D.D.C. Dec. 18, 2000). DOJ investigation of Volvo's proposed acquisition of Renault, focusing on LCOE heavy duty trucks.