John D. Carroll

John D. Carroll is a partner in the Antitrust & Competition Practice Group in the Washington, D.C. office.

Areas of Practice

John’s practice focuses on civil and criminal antitrust matters, including mergers & acquisitions, strategic counseling and compliance, and global cartel investigations, where he represents clients before the Department of Justice Antitrust Division, Federal Trade Commission, and international and state antitrust enforcement authorities.

Prior to private practice, John was in the Mergers I Division of the Federal Trade Commission’s Bureau of Competition for several years.  While with the FTC, he investigated, challenged, and negotiated settlements in a number of potentially anti-competitive business combinations in the aerospace, technology, consumer products, defense, healthcare, and pharmaceutical industries and received an Award for Meritorious Service for work on merger litigation.

John frequently speaks and writes on antitrust issues.  He was the lead editor on the American Bar Association, Section of Antitrust Law’s Energy Antitrust Handbook, and has held leadership positions in that organization.

Experience

John has substantial experience representing large public and private companies in a variety of industries, private equity firms, and healthcare providers in antitrust matters.  Recent representative matters are described below

Healthcare & Life Sciences

• Lead antitrust counsel for VillageMD in achieving antitrust clearance for its $8.9 billion acquisition of Summit Health.
• Represented St. Luke’s University Health Network on antitrust aspects of in its entry into Civica Rx, a not-for-profit generic drug company, as a founding member.
• Represented St. Luke's University Health Network on antitrust aspects of its acquisition of Easton Hospital.
• Represented Ohio State University Wexner Medical Center and Mercy Health on antitrust aspects of the formation of a statewide affiliation to address Ohio’s critical health needs.
• Represented Atrium Health on antitrust aspects of the formation of its Musculoskeletal Institute and entry into a co-management arrangement with physician groups.
• Represented Ochsner Health System it its formation of JOA with Slidell Memorial Hospital.
• Represented Owens and Minor on antitrust aspects of it acquisition of Byram Healthcare from Mediq.
• Currently advising health systems and physician groups on variety of antitrust issues, including network formation and potential transactions.
• Currently advising pharmaceutical and medical device companies on all aspects of competitor collaborations, including mergers, acquisitions, and joint ventures.

Energy

• Currently representing a Fortune 500 public company in the energy industry on antitrust aspects of a joint venture with a competitor
• Currently advising a number of energy companies on a range of antitrust issues related to pricing and distribution
• Successfully represented leading gasoline retailer on achieving FTC clearance for its strategic transaction
• Devised and implemented antitrust compliance strategies for coalitions of energy industry competitors

Consumer Products & Entertainment

• Represented Energizer Holdings, Inc. on antitrust aspects of it $2 billion acquisition of Spectrum Brands.
• Represented Carmike Cinemas in the Department of Justice investigation of their sale to AMC theatres, creating the nation’s largest movie theatre chain.
• Representation of Hanesbrands Inc. in antitrust aspects of its acquisition of Maidenform Brands, Inc., a leading consumer goods company.
• Represented Bass Pro Group in its successful defense of an FTC investigation of its acquisition of Fishing Holdings LLC, a manufacturer of fishing boats that include Ranger Boats and the Stratos and Triton boat brands.

Manufacturing

• Represented WestRock Company on antitrust aspects of its $4.9 billion acquisition of KapStone Paper & Packaging.
• Represented Forterra Building Products, a portfolio company of LoneStar Funds, in the formation of a joint venture with a competitor.

Technology & FinTech

• Represented Xerox Holdings Corporation in its unsolicited offer and proxy contest for HP Inc.
• Represented Total System Services on antitrust aspects of its $54 billion merger of equals with Global Payments.
• Advised leading technology companies on range of antitrust issues regarding investigations and transactions.

Global Cartel Investigations

• Defended multinational companies in criminal investigations alleging antitrust conspiracies.
• Represented an executive of international auto parts company in connection with a cartel investigation in that industry.

Honors

Best Lawyers: Ones to Watch, Best Lawyers, 2023-2024

Recommended Lawyers - Antitrust, Legal 500, 2022-2024

Leading Lawyer – Antitrust, Legal 500, 2020

GCR 100, 2018-2020

Rising Star – Antitrust, Washington Super Lawyers, 2016

Articles

Antitrust Law Blog

• "The FTC Adopts New Premerger Notification Rules Implementing the Hart-Scott-Rodino (HSR) Act," October 14, 2024

• "The Sequel?: Predicting Antitrust Enforcement in a New Trump Administration," September 23, 2024
• "Antitrust Under Biden: Taking a Closer Look at the Numbers," September 10, 2024

• "Election 2024 Coverage: Examining the Future of Healthcare and Antitrust," September 3, 2024
• "U.S. Federal Antitrust Agencies Announce Cooperation Initiative with Labor Agencies in Merger Review," August 29, 2024
• "Final Word on Final Rule? Texas District Court Eviscerates FTC’s Non-Compete Ban," August 21, 2024
• "Not So 'Final'? Texas Federal Court Enjoins Enforcement of FTC’s Noncompete Ban, Leaving Future of Commission’s Rule in Doubt," July 8, 2024

• "California Attorney General Advocates for Greater Antitrust Enforcement in Private Equity in Healthcare," June 11, 2024
• "New DOJ Health Care Task Force Portends Continued Aggressive Antitrust Enforcement," May 23, 2024
• "What the FTC’s Noncompete Ban Means for Healthcare," April 30, 2024
• "FTC Votes to Ban Noncompete Agreements," April 24, 2024

• "The FTC Hosts Workshop on Private Equity in Health Care," March 6, 2024
• "Higher Jurisdictional and Filing Fees Thresholds for HSR Act Premerger Notifications and Interlocking Directorates Announced," January 23, 2024
• "The Wait is Over: DOJ and FTC Issue Final Merger Guidelines," December 20, 2023
• "FTC, DOJ, and HHS Announce Interagency Initiatives to Promote Healthcare Competition," December 12, 2023
• "DOJ Announces Mergers & Acquisitions Safe Harbor Policy," October 11, 2023

• "Mergers & Acquisitions Update: A Closer Look at the Impact of the FTC and DOJ’s Proposed HSR Act Filing Reform on Private Equity Firms," October 5, 2023
• "FTC Sues Private Equity Firm and Anesthesiology Practice for Antitrust Violations," September 26, 2023
• "AI Under the Antitrust Microscope: Competition Enforcers Focusing on Generative AI from All Angles," August 9, 2023

• "A Big Deal: FTC and DOJ Issue Long-Awaited New Draft Merger Guidelines," July 20, 2023
• "Notice of Proposed Rulemaking: FTC Proposes to Redesign and Dramatically Expand the Scope of the HSR Act Filing Process," June 28, 2023
• "Six Key Considerations for Transitioning Existing Fossil Fuel Transport, Storage and Electricity Generation Assets to New Uses," May 9, 2023

• "Restrictive Covenants in Real Estate: Next Antitrust Enforcement Target?," May 2, 2023
• "Supreme Court Holds That Respondents in Agency Enforcement Actions May Raise Constitutional Challenges Outside of Administrative Proceedings," April 19, 2023

• "No More Games: Activision Settles with DOJ Over Esports Compensation," April 5, 2023
• "FTC Seeks to Block Deal Between Top Mortgage Loan Technology Providers," March 16, 2023
• "Department of Justice Withdraws Key Healthcare Antitrust Policy Statements," February 6, 2023
• "Higher Jurisdictional and Filing Fees Thresholds for HSR Act Premerger Notifications and Interlocking Directorates Announced," January 24, 2023
• "A Blast from the Past: FTC Bringing Back Enforcement of Robinson-Patman Act," January 13, 2023
• "FTC Seeks to Ban Noncompete Agreements in Employment Contracts," January 6, 2023
• "New Law Substantially Increases HSR Filing Fees for Large Transactions," January 5, 2023
• "Federal Trade Commission Focused on Right to Repair Restrictions," October 5, 2022
• "U.S. Healthcare Industry Remains Antitrust Enforcement Priority," October 3, 2022
• "Treasury Department Recommends Antitrust Reform in Alcohol Markets," February 28, 2022
• "Antitrust Scrutiny Heating Up in Oil and Gas Industries," December 15, 2021
• "Back to the “Good Old Days”: FTC Announces Return to Prior Merger Approval Regime," November 1, 2021
• "HSR Practice Alert – FTC is Making Changes to Respond to the “Massive Surge” in HSR Filings," August 27, 2021
• "FTC, Under Pressure from “Tidal Wave” of HSR Filings, To Begin Issuing Close-At-Your-Own-Risk Letters," August 4, 2021
• "The State of Competition in the U.S. Healthcare Industry," March 31, 2021

• "Vertical Deals in Healthcare: Key Antitrust Takeaways for Private Equity Firms," March 5, 2021

Energy Law Blog

• "Federal Trade Commission Petitioned To Investigate Electric Utilities," May 24, 2022

Government Contracts & Investigations Law Blog

• "How a New Era in Antitrust Enforcement May Impact Government Contractors," February 24, 2021

Healthcare Law Blog Posts

• "California’s AB 3129: A New Hurdle for Private Equity Health Care Transactions on the Horizon?" April 18, 2024
• "Connecticut Governor Signs Health Care Legislation to Reduce Costs and Increase Competition," June 27, 2023
• "Private Equity & Healthcare: Antitrust Enforcement in 2023–PE Roll-Ups in the Cross Hairs," December 15, 2022
• "Top 5 Legal Issues in Digital Health to Watch for in 2022," February 1, 2022
• "Healthcare Antitrust Update: Key Antitrust Takeaways for Physician Groups," June 14, 2021

Books

Media Mentions

Speaking Engagements

• Speaker, "Understanding the Legal Landscape: Antitrust Considerations," 2024 WHLC Women in Healthcare Leadership Summit, October 24, 2024
• Panelist, "Antitrust Hot Topics: Spot the Antitrust Issues," American Health Law Association, October 27, 2021
• Panelist, "2020's Biggest Antitrust Developments and What to Expect in 2021," AHLA's Speaking of Health Law Podcast, February 1, 2021
• Moderator, “Recent Developments in Health Care & Pharmaceuticals," American Bar Association, Section of Antitrust Law, May 18, 2020 
• Panelist, "Federal Antitrust Enforcement of the FinTech Industry," Electronic Transactions Association, April 10, 2019
• Panelist, "Healthcare Antitrust Educational Call," American Health Lawyers Association, December 11, 2018
• Panelist, "Exclusionary Practices: An Overview," American Health Lawyers Association Annual Meeting, June 27, 2018
• Panelist, "Recent Developments in Healthcare & Pharmaceuticals," American Bar Association, Antitrust Section, January 24, 2018

Events

Memberships

ABA Antitrust Section, Vice Chair of Federal Civil Enforcement, 2024-2025

ABA Antitrust Section, Vice-Chair of the Media & Technologies Committee (2021-2022, 2022-2023)

Digital Media