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Dionne Lomax

Member

[email protected]

+1.202.434.7419

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Dionne draws on her antitrust trial experience with the US Department of Justice to represent clients facing DOJ and Federal Trade Commission scrutiny. She advises clients on antitrust issues arising in mergers, joint ventures, and other collaborative arrangements. Many of her clients are large entities in the health care sector — including health systems, medical associations, physician groups, pharmaceutical companies, and medical device manufacturers. She also counsels energy and technology companies.

Dionne’s antitrust and trade regulation practice includes counseling and representation in connection with merger and non-merger related activities, litigation, and matters before the US Department of Justice (DOJ) and the Federal Trade Commission (FTC). Dionne has been involved in antitrust matters spanning a broad range of industries, including the health care and energy sectors.

In the health care industry, Dionne has represented large health systems, major medical associations, large multispecialty physician groups, pharmaceutical companies, and medical device manufacturers in connection with mergers and acquisitions, joint ventures, and other commercial arrangements. She has counseled various clients in responding to antitrust investigations conducted by the DOJ, FTC, and various state antitrust agencies. Dionne is also experienced in international mergers and has assisted clients with premerger notification filings around the world.

Prior to private practice, Dionne served as a Trial Attorney at the DOJ Antitrust Division Health Care Task Force Section. In this position, she handled a number of civil merger and non-merger investigations. Her practice involved reviewing Hart-Scott-Rodino filings, conducting witness interviews and depositions, drafting Second Requests and subpoenas, developing case strategies, and preparing cases for trial.

Following law school, Dionne was a law clerk for the Honorable Clifford Scott Green in the US District Court for the Eastern District of Pennsylvania.

Education

  • University of Pennsylvania Law School (JD)
  • Howard University (BBA, Finance, summa cum laude)

Experience

  • Represented an energy company in a FTC investigation of its $1.1 billion acquisition of a financial interest in another energy company.
  • Represented a major master limited partnership (MLP) in the oil and gas industry before the FTC in connection with its successful $1.3 billion sale of midstream assets to a large midstream MLP.
  • Provided antitrust advice to a multinational chemical company regarding the acquisition of certain pipeline assets.
  • Provided antitrust advice to one of the country's largest operators of medical groups and physician networks regarding a joint venture with a large regional health system.
  • Represented a private equity company before the FTC in connection with its investment in taking one of the largest midstream companies in the US private. Developed firewalls and other compliance measures to comply with the consent decree negotiated with the FTC to resolve competitive concerns.
  • Represented a national pharmaceutical distributor before the FTC in its successful $13 billion acquisition of pharmaceutical distribution assets.
  • Represented a national health system before the Pennsylvania State Attorney General resulting in the successful $100 million acquisition of hospital assets in southeastern Pennsylvania. 
  • Successfully defended an international luggage shipping company against antitrust claims in the US District Court for the Eastern District of Texas.
  • Provided antitrust advice to a leading global pharmaceutical manufacturer regarding a joint venture with another pharmaceutical company.
  • Advised an international pharmaceutical client on the antitrust implications of certain patent litigation settlements. 
  • Represented an administrator of Medicaid dental programs before the FTC in its successful $95 million transaction with a national commercial dental insurer. 
  • Represented one of the largest multispecialty physician groups in Northern Virginia regarding the structure and operation of various joint ventures and related antitrust issues. 
  • Provided antitrust advice to a national pharmaceutical company and medical device manufacturer in connection with a competitive collaboration
  • Advised a private equity company in connection with the FTC’s investigation of its sale of certain retail assets to a major food producer in the US.
  • Represented a national book publisher before the DOJ in its successful $3.5 billion acquisition of educational publishing assets. 
  • Represented a global producer of titanium dioxide pigments before the FTC in connection with its acquisition of another titanium dioxide producer in a transaction valued at approximately $1 billion. 
  • Represented a global specialty chemicals company before the FTC in connection with its proposed transaction with another global specialty chemicals provider.
  • Represented a software company in the multi-jurisdictional merger review of its $219 million transaction with another software and equipment supplier. 
  • Represented an international manufacturer of liquid analytical instruments before the DOJ in its merger with a national manufacturer of water analytical instrumentation. 
  • Provided antitrust counseling and advice to a global private investment firm in connection with a variety of transactions.
  • Counseled numerous clients on gun jumping, information exchange, and other premerger coordination issues.
     

Recognition & Awards

  • City Year Idealist of the Year (2016)
  • Leading Practitioner, Expert Guides - Competition and Antitrust (2016)
  • Washington DC Super Lawyers: (2013 – 2018)
  • Legal 500 United States: M&A Antitrust (2012 – 2013)
  • Chambers USA: District of Columbia – Antitrust (2009 – 2012)
  • Nightingale's Healthcare News: Outstanding Healthcare Antitrust Lawyers (2006)

Involvement

  • Co-chair, Health Law Forum, The Women’s Bar Association of the District of Columbia (WBA) (2014 – 2015)
  • Member, American Bar Association, Antitrust Section, Health Care Committee
  • Board of Trustees, The Legal Aid Society of the District of Columbia

Recent Insights

News & Press

Viewpoints

On April 3, 2018, the Department of Justice Antitrust Division (“DOJ” or “Antitrust Division”) filed an antitrust complaint against Knorr-Bremse AG (“Knorr”) and Westinghouse Air Brake Technologies Corporation (“Wabtec”) for agreeing not to “solicit, recruit, hire without prior approval, or otherwise compete for employees” (collectively, “no-poach agreements”).
Since 2013, the Blue Cross Blue Shield Association has faced a series of purported class actions consolidated in the U.S. District Court in Alabama.
On March 29, 2018, the Attorney General of California filed an antitrust action against Sutter Health and its affiliates (“Sutter”) alleging Sutter engaged in various anti-competitive conduct in violation of California’s Cartwright Act.[1]  According to the Complaint, healthcare costs in California have rapidly increased, and prices in Northern California are higher than in other areas of the State.
The Department of Justice ("DOJ") Antitrust Division recently announced plans to hold a series of public roundtable discussions to analyze the relationship between competition and regulation, and its implications for antitrust enforcement policy.
On September 19, 2017, the Tennessee Department of Health ("TDOH") granted the request for a Certificate of Public Advantage (“COPA”) from Wellmont Health System and Mountain States Health Alliance. This approval paves the way for the two entities to form a single corporate entity called Ballad Health.
On the eve of trial, and after years of litigation (including an appeal to the Sixth Circuit), all claims by Dayton, Ohio hospital The Medical Center at Elizabeth Place ("MCEP") against Premier Health Partners ("Premier") have been dismissed with prejudice. This case represents an important development in the body of case law addressing the antitrust risk introduced by joint ventures. 
A New Jersey district court recently denied a motion to dismiss Talone, et. al. v. The American Osteopathic Association, an antitrust class action. The suit alleges that the physician association violated the Sherman Act by illegally tying osteopaths’ board certification to association membership.
A New Jersey district court recently denied a motion to dismiss in an antitrust class action alleging that a physician association illegally tied board certification to association membership in violation of Section 1 of the Sherman Act. Talone, et. al. v. The American Osteopathic Association, Case No. 1:16-cv-04644 (D. N.J. Jun. 12, 2017).
In an opinion written by Judge Posner, the Seventh Circuit on Friday gave its stamp of approval to a “must-have” hospital’s bargaining to exclude competitors from certain narrow-network payor contracts in and around Peoria, Illinois.
In an opinion written by Judge Posner, the Seventh Circuit on Friday, June 9, 2017, affirmed OSF Saint Francis Medical Center’s summary judgment win in a $300 million antitrust suit brought by a smaller competitor alleging unlawful exclusive dealing and attempted monopolization.

News & Press

Mintz is pleased to announce that eight attorneys have been named Washington, D.C. Super Lawyers for 2018 and three others have been named Washington, D.C. Rising Stars. The annual publication identifies lawyers who have attained a high degree of peer recognition and professional achievement.
Washington, D.C. Antitrust Member Dionne Lomax authored this column. Dionne’s antitrust and trade regulation practice includes counseling and representation in connection with merger and non-merger related activities, litigation, and matters before the US Department of Justice (DOJ) and the Federal Trade Commission (FTC).
Dionne Lomax, a Mintz Member, authored an article in the AHLA – PB Bulletin covering the lawsuit brought by TraceLink, Inc. against the Healthcare Distribution Alliance (HAD) for allegedly restraining trade and monopolizing the market for track-and-trace products.
Eight Mintz attorneys have been named Washington, D.C. Super Lawyers for 2017 and four have been named Washington, D.C. Rising Stars. The list will be published in a special advertising supplement in The Washington Post Magazine and in a stand-alone magazine, Washington D.C. Super Lawyers Magazine.
Mintz Member Dionne Lomax is quoted in this Law360 article on another FTC loss in a string of hospital merger cases, again failing to block health systems from merging.
Dionne Lomax is a Member in the Mintz Washington, DC office and an experienced Antitrust and Federal Regulatory litigator. She is quoted in this Law360 article on the U.S. Federal Trade Commission’s loss in an attempt to halt a Pennsylvania hospital merger.
Mintz Member Dionne Lomax contributed to this American Health Lawyers Association special feature by authoring a section on “Provider Consolidation: Prescription for Surviving Antitrust Investigations.”
Dionne Lomax, a Member of the Mintz Washington, D.C. office, authored this M&A Lawyer article on the FTC's efforts to block the merger of two major Chicago hospitals on the basis of a concern over it forming a monopoly.
Seven Mintz attorneys have been named Washington, D.C. Super Lawyers for 2015 and five have been named Washington, D.C. Rising Stars. The list will be published in a special advertising supplement in Washington Post Magazine and in a stand-alone Washington D.C. Super Lawyers Magazine.

Events

Speaker
Feb
6
2018
Panelist
Jun
28
2016

AHLA Annual Meeting

American Health Lawyers Association

Washington, DC

Speaker
May
17
2016

ATA Annual Telemedicine Meeting and Trade Show

American Telemedicine Association

Minneapolis Convention Center, Minneapolis, MN

Speaker
May
12
2016

2016 Antitrust in Health Care Conference

ABA Health Law Section, ABA Section of Antitrust Law and American Health Lawyers Association

Ritz-Carlton Pentagon City, Arlington, VA

Panelist
Feb
9
2016

Physicians and Hospitals Law Institute

AHLA Women’s Leadership Council Breakfast

Austin, Texas

Speaker
Feb
8
2016

Physicians and Hospitals Law Institute

American Health Lawyers Association (AHLA)

Austin, TX

Moderator
Feb
2
2016

Woodman's Food v. Clorox

American Bar Association

Teleconference

Guest Lecturer
Oct
30
2015

Managed Care Mega Mergers, Part I: Antitrust Analysis

American Health Lawyers Association (AHLA)

Panelist
Oct
15
2015

33rd Annual Lab Institute

G2 Intelligence

Hyatt Regency Washington on Capitol Hill, Washington, DC

Co-chair
May
6
2015

26th Annual Servant of Justice Awards Dinner

Legal Aid Society of DC

1331 Pennsylvania Avenue, NW, Washington, DC

Faculty
Mar
19
2015

Healthcare Antitrust Fundamentals CLE

American Bar Association

Webinar

Panelist
Feb
25
2015

Examining Health Care Competition Workshop

Federal Trade Commission & US Department of Justice (Antitrust Division)

Washington, DC