Joanne C. Lewers

Joanne counsels clients on all facets of antitrust law, including obtaining regulatory clearance for transactions, defending against state and federal antitrust claims, and providing guidance on compliance, pricing, and distribution issues. She regularly appears before the FTC and the Antitrust Division of the U.S. Department of Justice (DOJ), advocating for clients across a range of industries.

Her breadth of experience, government insights, and pragmatic approach make her a trusted advisor and formidable advocate for clients navigating complex antitrust matters. Joanne is nationally recognized for her skill and experience in representing clients in complex merger reviews and high-stakes antitrust litigation.

Representative Transaction Experience

• Led Faegre Drinker’s successful representation of Surmodics through an FTC merger investigation that culminated in an eight-day trial. This case marked the first antitrust merger challenge brought by the FTC in President Trump’s second administration.
• Advised a supplier of health care products in the $640 million acquisition of a personal protective equipment (PPE) business.
• Secured antitrust clearance for a beverage company’s acquisition of a home and office water delivery service provider.
• Guided a beverage company’s divestiture of its traditional manufacturing business.
• Advised on acquisitions involving data center solutions and specialty architectural lighting for an infrastructure company.
• Facilitated the acquisition of a specialty pharmaceutical company for a leading health care solutions provider.
• Counseled private equity firms in divestitures of manufacturers of transportation equipment and protective automotive products.
• Advised a computer hardware and software company in technology and service provider acquisitions.
• Guided a scientific equipment manufacturer’s acquisition of a high-performance measurement instruments firm.

Representative Litigation Experience

• Counsel for a pharmaceutical company defendant in an antitrust class action alleging that noncompete clauses in collaboration agreements for the development and manufacture of certain HIV medications are anticompetitive. Claims related to three of the four HIV medications at issue were dismissed on summary judgment in 2023, and the parties are preparing for trial on the remaining claims. In re HIV Antitrust Litigation (N.D. Cal.).
• Counsel to a large health care company and liaison counsel for defendants in an antitrust class action involving allegations of price fixing. In July 2018, after a favorable Daubert decision against the plaintiffs’ damages expert, the federal district court granted preliminary approval to a class action settlement. In re Blood Reagents Antitrust Litigation (E.D. Pa.).
• Counsel to a pharmaceutical company in various state courts, involving consumer protection and state false claims act claims.
• Counsel to a pharmaceutical company in California Superior Court, involving nationwide price-fixing allegations against numerous brand name drug manufacturers. Summary judgment granted to the defendants on all counts, and the decision was upheld on appeal. Clayworth v. Pfizer, et al. (Cal. Sup. Ct.).
• Counsel for a hospital system and affiliated ambulance service in a Section 1 tying and monopolization case. Offer of judgment was accepted by the plaintiff. Med Alert Ambulance Inc. v. Atlantic Health System Inc., et al. (D.N.J.).

Antitrust Compliance Counseling

Joanne regularly delivers antitrust compliance training to industry consortia and trade associations, and advises clients on pricing and distribution strategies, governance changes for higher education consortia, and accreditation models for educational institutions.

Government Experience

Prior to joining the firm, Joanne was an attorney with the FTC, where she investigated mergers and acquisitions across pharmaceuticals, technology, and industrial equipment sectors.