Jeffrey Brennan

McDermott Will & Emery (Washington)
Lawyer (Partner)

Jeffrey W. Brennan (Jeff) has practiced exclusively antitrust law for three decades, including more than 20 years in private practice and nearly 10 years over two tours at the Federal Trade Commission, from 1985 to 1990 as a staff attorney handling mergers and from 2001 to 2006 as assistant director, then associate director, of the Bureau of Competition. His current practice includes merger clearance, antitrust litigation, investigations by the FTC, DOJ and state attorneys general, and counseling on competitor collaborations and many other antitrust compliance issues. Jeff’s clients cover many industries, with the highest number in the health care services and products sector. He is co-chair of the Firm’s Health Antitrust affinity group. From 2001 to 2006, Jeff was head of the FTC’s Health Care Services and Products Division, where he was responsible for directing antitrust investigations and litigation into transactions and conduct by hospitals, physicians and pharmaceutical companies, including joint pricing, boycotts, brand-generic patent settlements and exclusionary practices involving the Hatch-Waxman Act. He received the FTC’s Award for Distinguished Service, which cites his achievements in advancing the Agency’s competition mission in health care services and products and in merger analysis.

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McDermott Will & Emery (Chicago)
McDermott Will & Emery (Chicago)
McDermott Will & Emery (Chicago)
McDermott Will & Emery (Washington)
McDermott Will & Emery (Washington)


291 Bulletin

Stephen Wu, Ashley Fischer, Jeffrey Brennan, Noah Feldman Greene The California Attorney General announces a $575 million settlement with the largest hospital system in Northern California (Sutter)


CALIFORNIA ATTORNEY GENERAL ANNOUNCES HISTORIC $575 MILLION SETTLEMENT OF ANTITRUST SUIT AGAINST SUTTER HEALTH * California Attorney General Xavier Becerra (AG Becerra) announced on Friday, December 20, 2019, the terms of a comprehensive settlement agreement reached with Sutter Health (...)

Stephen Wu, Jeffrey Brennan, Ashley Fischer, Ashley L. McMahon The US Court of Appeals for the sixth circuit establishes test for determining whether the conduct of joint ventures should be analysed under the rule of reason test (The Medical Center at Elizabeth Place / Atrium Health System)


A recent decision by the US Court of Appeals for the Sixth Circuit is important for competitors involved in joint ventures because it states what mode of antitrust analysis—the per se rule or the rule of reason—applies to the conduct of joint ventures when it is challenged as anticompetitive. The (...)

Ashley Fischer, Ashley L. McMahon , Jeffrey Brennan, Michelle S. Lowery, Stephen Wu The US DoJ reaches a settlement with a healthcare system related to provisions in a contract between the health system and commercial insurers (Charlotte Mecklenburg Hospital Authority)


THE LATEST: DOJ Announces Settlement with Carolinas Health System (Atrium Health) After Two Years of Litigation* The Department of Justice (DOJ) announced last week that it and the State of North Carolina have reached a settlement with Carolinas Healthcare System / Atrium Health relating to (...)

Jeffrey Brennan The US FTC sues to block the proposed physician acquisition group by a health system due to the possibility to create very high market shares (Sanford Health / Mid-Dakota Clinic)


With its latest lawsuit to block an acquisition of physicians, the Federal Trade Commission (FTC) confirmed last week that monitoring physician consolidation is a priority. The FTC and North Dakota Attorney General sued to block the proposed acquisition by a health system (Sanford Health) of (...)

Ashley L. McMahon , Jeffrey Brennan The US FTC files an administrative complaint against a state licensing board for unreasonably restraining price competition for real estate appraisal services provided to appraisal management companies in Louisiana (LREAB)


This week, the Federal Trade Commission filed an administrative complaint against the Louisiana Real Estate Appraisers Board (LREAB). This complaint is the FTC’s first against a state licensing board since it prevailed in the Supreme Court in the decision in NC State Board of Dental Examiners v. (...)

Ashley Fischer, Jeffrey Brennan The US Court of Appeals for the Seventh Circuit overturns a district court decision which denies a motion by the FTC to enjoin the proposed merger in a hospital merger case (FTC / Advocate Health Network)


On October 31, 2016, the US Court of Appeals for the Seventh Circuit handed another important victory to the Federal Trade Commission (FTC) and the State of Illinois in a hospital merger case in Chicago, Illinois. This decision follows closely on the heels of the FTC’s victory earlier this year (...)

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