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Farrah Short

Special Counsel

[email protected]

+1.202.585.3518

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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)

Recognition & Awards

  • Washington D.C. Super Lawyers: Rising Star - Antitrust Litigation (2015)
  • City Year Idealist of the Year (2015)

Recent Insights

News & Press

Viewpoints

Viewpoint General

DOJ Provides Additional Insight into Its Recent Anti-Steering Settlement

December 7, 2018 | Alert | By Bruce Sokler, Farrah Short

This alert reviews the DOJ’s Competitive Impact Statement on the Atrium case, which suggests that providers including anticompetitive steering restrictions in payor contracts may face antitrust risks.
Viewpoint General
Read about a DOJ Antitrust Division proposed settlement that would bar Atrium Health from using anticompetitive steering restrictions in payor contracts.
Viewpoint General
Last week, Bruce Sokler and Farrah Short from Mintz’s Antitrust practice group published a detailed alert regarding the Third Circuit’s reinstatement of an antitrust suit brought by medical device manufacturer LifeWatch Services, Inc. (“LifeWatch”) against the Blue Cross Blue Shield Association and five of its member insurance plan administrators: LifeWatch
The Third Circuit reinstated an antitrust suit brought by a medical device seller that alleged Blue Cross Blue Shield Association and five of its member insurance plan administrators shut out the seller by conspiring to deny coverage for its device. LifeWatch Services Inc. v. Highmark Inc. et al., Case No. 17-1990 (3rd Cir. Aug. 28, 2018). Critical to the Third Circuit’s reversal of the lower court’s dismissal of the suit was market definition. In this buyer-side conspiracy case, where the seller alleged a concerted refusal to deal by purchasers of its product, the relevant market is comprised of buyers who are seen by the seller as reasonably good substitutes for each other regarding the purchase of its product. Thus “[a] concerted refusal to deal with all sellers of telemetry monitors, regardless of its equality, may still restrain competition in the alleged market for the purchase of outpatient cardiac monitors.” The lower court had instead focused on the market for the seller’s product.

Not Just Mergers – FTC Highlights Commonly Missed HSR Reportable Transactions

May 16, 2018 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short

The Premerger Notification Office (the “PNO”) of the Federal Trade Commission (the “FTC”) recently issued a reminder about often overlooked “transactions” that may require notification under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”).

Out with the Old: DOJ Seeks to Terminate Outdated Antitrust Judgments

April 26, 2018 | Alert | By Bruce Sokler, Farrah Short, Shawn Skolky

The Department of Justice (“DOJ”) announced a new initiative to terminate “legacy” antitrust judgments that “no longer protect competition.” In 1979, the DOJ adopted a general practice to include sunset provisions that automatically terminate judgments, typically 10 years after entry.

Philadelphia Cabbies Lose Appeal in Monopoly Case Against Uber

March 29, 2018 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short, Shawn Skolky

In broad language, a Third Circuit panel affirmed a district court’s dismissal of a monopoly suit against Uber Technologies Inc. (“Uber”). Philadelphia Taxi Association Inc. v. Uber Technologies Inc., Case No. 17-1871 (3rd Cir. Mar. 27, 2018).
A private home health care agency’s attempted monopolization suit against a dominant public hospital system and its home health care agency will move forward following a federal district court’s denial of the defendant hospital’s Motion for Judgment on the Pleadings.

HSR Jurisdictional Thresholds Increased in Annual Adjustment

January 26, 2018 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short

The Federal Trade Commission (FTC) announced on January 26, 2018, increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act). The FTC revises the thresholds annually based on changes in the gross national product.

Physician Certification Group Wins Dismissal of Antitrust Suit Brought By Physicians

December 20, 2017 | Alert | By Bruce Sokler, Farrah Short

A physician organization has failed to sufficiently plead that a physician certification group caused an unreasonable restraint of trade through its actions to promulgate its certification program.

News & Press

Antitrust Case against BCBS to Continue under Per Se Standard

February 1, 2019 | The Licensing Journal

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 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.
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.  
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 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 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 | http://cookcountyrecord.com/stories/511018850-peoria-hospital-s-exclusive-contracts-did-not-unreasonably-block-competition-federal-court-rules Cook County Record

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.
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.
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.
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
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2015