Farrah advises on all aspects of antitrust and competition law, including merger review, competitor collaborations, government investigations, private class action litigation, and general antitrust compliance.
Farrah specializes in counseling clients through the Hart-Scott-Rodino (HSR) merger review process at the U.S. Federal Trade Commission and the U.S. Department of Justice, including responding to Second Requests and providing substantive antitrust risk analysis for strategic acquisitions. She has obtained antitrust clearance for major, multi-billion dollar transactions in a variety of industries. Farrah also regularly advises on HSR reporting triggers for securities investors and provides strategic advice for non-reportable transactions with significant competitive implications.
She also has significant experience counseling clients on a wide range of other antitrust compliance issues, including information exchanges, competitor collaborations, joint ventures, licensing deals, exclusive dealings, and the creation of internal antitrust compliance programs. In addition, Farrah represents clients in state antitrust investigations, and provides guidance on navigating ex-U.S. merger control requirements.
Outside of her antitrust practice, Farrah serves as chief outside counsel to the National Network to End Domestic Violence. She also actively supports the firm’s pro bono program, representing indigent clients in immigration matters, including successful asylum and U visa applications. She previously served as chief outside counsel for a nonprofit that provides need-based education scholarships for the families of U.S. military personnel.
Prior to her legal career, Farrah was a program associate for the launch of the Women and Public Policy Program at Harvard’s Kennedy School.
Education
- University of Pennsylvania Law School (JD)
- Wellesley College (BA)
Experience
- Served as antitrust counsel to one of the largest American retail pharmacies. Our team represented the corporation in its transactions, litigation, and other matters before both state and federal antitrust authorities.
- Represented one of the nation’s leading hospital and physicians networks in connection with its acquisitions of three community hospitals and a large physician group.
- Represented a market leading producer and distributor of environmentally-safe household products in its acquisition by another transnational consumer goods company.
- Represented a leading provider of sample and assay technologies in the antitrust aspects of its $1.5 billion acquisition of another life sciences company.
- Served as antitrust counsel for a hospital in its merger with another medical center.
- Served as antitrust counsel for a leading provider of sample and assay technologies, and are currently involved in counseling and representing the company in merger and acquisition activities.
Recognition & Awards
- Washington D.C. Super Lawyers: Rising Star - Antitrust Litigation (2015)
- City Year Idealist of the Year (2015)
Recent Insights
Viewpoints
2020 HSR Notification Thresholds Announced
January 28, 2020 |Alert
Investment Fund to Pay More Than $600,000 for Inadvertent Violation of HSR Act
August 29, 2019 |Alert
Heritage Pharmaceuticals Admits to Generic Drug Price Fixing Scheme
June 13, 2019 |Blog
News & Press
Firm plays a key role in the largest health care acquisition to date in 2020.
Events
Viewpoints
2020 HSR Notification Thresholds Announced
January 28, 2020 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short
Read about the FTC’s 2020 “size of transaction” and “size of person” thresholds for premerger reporting under the Hart-Scott-Rodino Antitrust Improvements Act of 1976.
Read more
Investment Fund to Pay More Than $600,000 for Inadvertent Violation of HSR Act
August 29, 2019 | Alert | By Bruce Sokler, Farrah Short
Read about Third Point and three funds’ agreement to pay $609,810 to settle HSR Act antitrust allegations related to their delayed reporting of securities acquired due to the merger of third parties.
Read more
Heritage Pharmaceuticals Admits to Generic Drug Price Fixing Scheme
June 13, 2019 | Blog | By Michelle Caton, Farrah Short
In the latest development in the Department of Justice (DOJ) Antitrust Division’s ongoing investigation into the generic pharmaceutical industry, Heritage Pharmaceuticals, Inc. has entered into a deferred prosecution agreement (DPA) with DOJ. The terms of the DPA require Heritage to pay a $225,000 criminal penalty and provide full cooperation with the ongoing investigation. The one-count felony charge, filed in the Eastern District of Pennsylvania on May 30, alleges that Heritage violated Section 1 of the Sherman Act by conspiring with multiple unnamed parties to divide up the domestic market and fix prices for glyburide, a diabetes medication, from April 2014 through December 2015. According to DOJ, the DPA provides that the United States will not prosecute Heritage for three years.
Read more
Canon and Toshiba Pay $5 Million for HSR Avoidance Scheme
June 13, 2019 | Alert | By Bruce Sokler, Farrah Short
Read about Canon Inc. and Toshiba Corporation’s agreement to pay $2.5 million each to settle DOJ antitrust allegations associated with a $6.1 billion transaction.
Read more
Physician Affiliation Price Fixing Case Settled for $2.5 Million
May 31, 2019 | Alert | By Bruce Sokler, Farrah Short
This alert discusses State of Washington v. Franciscan Health System, outlines its proposed settlement, and reviews the important takeaways for health care provider affiliations.
Read more
Hospital Plaintiff’s Reliance on a Per Se Antitrust Claim against Dominant Competitor Fails in Sixth Circuit Despite Defeat of a Copperweld Defense
May 2, 2019 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short
Read about the Sixth Circuit's rejection of a hospital plaintiff’s per se antitrust claim against a dominant competitor in The Medical Center at Elizabeth Place, LLC v. Atrium Health System.
Read more
Antitrust Claims Against Sutter Health Move Forward in Consolidated State Actions
March 20, 2019 | Alert | By Bruce Sokler, Farrah Short
This alert from the Mintz health care antitrust team outlines the reasoning behind a California court’s March 14, 2019 decision against Sutter Health — a case involving claims of alleged price tampering and combination to monopolize.
Read more
DOJ Antitrust Division Makes Filings in Civil Cases to Influence Development of Antitrust “No Poach” Law
March 12, 2019 | Alert | By Bruce Sokler, Farrah Short
This antitrust alert highlights two filings made by the DOJ last week in cases pending in federal district courts in North Carolina and Washington.
Read more
2019 HSR Notification Thresholds Announced
February 19, 2019 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short
Read about the FTC’s new “size of transaction” and “size of person” thresholds requiring reporting under the Hart-Scott-Rodino Antitrust Improvements Act of 1976.
Read more
Divergent Views on Vertical Mergers Apparent in FTC’s Staples Merger Consent
February 4, 2019 | Advisory | By Bruce Sokler, Robert Kidwell, Farrah Short
Read about FTC commissioners’ divergent views on vertical mergers detailed in statements filed with a proposed consent order regarding Staples’ acquisition of Essendant.
Read more
News & Press
Firm plays a key role in the largest health care acquisition to date in 2020.
Antitrust Case against BCBS to Continue under Per Se Standard
February 1, 2019
In this article, authors Bruce Sokler and Farrah Short discuss a long-running anti-trust case, the Eleventh Circuit recently denied defendant Blue Cross Blue Shield’s interlocutory appeal of the district court’s ruling that certain allegedly restrictive practices of defendants must be analyzed under the per se standard rather than the more lenient rule of reason standard.
Mintz Honored by JD Supra's 2018 Reader's Choice Awards
March 19, 2018
Mintz is proud to be recognized by JD Supra in its 2018 Reader’s Choice awards. The annual program highlights the most widely read authors and articles throughout the past year. Five Mintz attorneys were named JD Supra Top Authors in four different industries.
Mintz advised GPB Capital on its acquisition of a majority equity stake in Westwood, Massachusetts-based Prime Motor Group. The acquisition by Capstone Automotive Group, an affiliate of GPB, expands the group’s footprint throughout New England.
Physician Practice Acquisitions And Antitrust Scrutiny
September 19, 2017
Chair of Mintz’s Antitrust section Bruce Sokler, along with Member Rob Kidwell and attorneys, Farrah Short Shawn Skolky collaborated on an article regarding the Washington state attorney general’s office suit against the expansion efforts of Franciscan Health System.
Mintz Named Top Firm in Energy and Eleven Attorneys Featured in JD Supra’s 2017 Reader’s Choice Awards
March 20, 2017
JD Supra has recognized Mintz in its 2017 Reader’s Choice awards, highlighting the most widely read authors and articles over the past year. Eleven Mintz attorneys were named JD Supra Top Authors in four industries and Mintz was recognized as the Top Firm with readers in the Energy Industry.
A New Meaning For FRAND In Korea's Qualcomm Sanctions
January 24, 2017
A team of Mintz attorneys author this column discussing the Korean Fair Trade Commission’s steep fine against Qualcomm for antitrust violations and the continued antitrust concerns raised by Qualcomm’s licensing practices.
Mintz Represents Seventh Generation, Inc. in Sale to Unilever
October 27, 2016
Mintz attorneys represented Seventh Generation, Inc. in its recent sale to Unilever. Based in Vermont, Seventh Generation is a pioneer in corporate responsibility and sustainable product innovations, including plant-based detergents and household cleaners.
Peoria hospital's exclusive contracts did not unreasonably block competition, federal court rules
October 18, 2016
Farrah Short, Special Counsel on antitrust matters in Washington, DC, is quoted in a Cook County Record article on the U.S. District Court for the Central District of Illinois ruling in a matter involving OSF Saint Francis Medical Center and Unity Point Health-Methodist.
What Have Merchants Gained From Payment Card Litigation?
August 10, 2016
Mintz Members Bruce Sokler and Robert Kidwell, and Special Counsel Farrah Short, authored this Law360 column about the war being waged between businesses that accept payment cards and payment card fees and protective network rules.
Former NIU punter sues NCAA over scholarship, transfer rules
March 24, 2016
Farrah Short, Special Counsel, is quoted in a Legal Newsline article on a lawsuit brought against the NCAA by a former Northern Illinois University football player. The plaintiff claimed that the NCAA’s scholarship and transfer rules violate antitrust laws.
Rodeo Associations Fail to Rein in Each Other in Round 1
February 9, 2016
Chair of Mintz’s Antitrust Practice Bruce Sokler and Farrah Short, Antitrust Special Counsel, authored this Law360 column on a legal battle between two rodeo associations.
Events
Panelist