Skip to main content

Farrah Short

Special Counsel

[email protected]

+1.202.585.3518

Share:

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.

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.
Read less

viewpoints

Philadelphia Cabbies Lose Appeal in Monopoly Case Against Uber

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

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).
Read more
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.
Read more

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.
Read more

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.
Read more
While antitrust enforcement of hospital mergers is well-established, physician acquisitions have only recently and increasingly seen antitrust scrutiny.
Read more

Washington State AG Alleges Price Fixing and Sues to Break Up Rapidly Expanding Health System

September 11, 2017 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short

After five years of growth through a series of acquisitions, the Washington State Attorney General’s office filed a lawsuit to thwart and unwind the most recent expansion efforts of Franciscan Health System (“CHI Franciscan”) for violating both federal and state antitrust laws.
Read more

Dayton Hospital Antitrust Case Comes to an End: Joint Venture Activities Not “Per Se” Unlawful

August 16, 2017 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short

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 against Premier Health Partners have been dismissed with prejudice.
Read more

“No Shop” Clause Radioactive for Merger’s “Failing Firm” Defense

July 21, 2017 | Alert | By Bruce Sokler, Farrah Short

Last week a Delaware federal district court unsealed its earlier opinion blocking the merger of two radioactive waste disposal companies. 
Read more
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).
Read more

Seventh Circuit OKs Exclusive Network Agreements Between “Must-Have” Hospital and Health Insurers

June 12, 2017 | Alert | By Bruce Sokler, Robert Kidwell, Dionne Lomax, Farrah Short

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.
Read more
Read less

News & Press

Press Release Thumbnail
San Francisco Managing Member Stephen Osborn and Member Robert Burwell led Mintz’s advisory team in facilitating a transformative combination for Muse Group with Hal Leonard, securing growth investment from Francisco Partners. This impactful collaboration merges Muse’s leadership in music content and creation with Hal Leonard’s renowned sheet music and music-learning expertise. The deal underscores Mintz’s commitment to supporting innovative technology companies in the Bay Area’s Private Equity landscape.
News Thumbnail
An article published by The Deal featured remarks made by Mintz Member and Co-chair of the firm’s Antitrust Practice Bruce Sokler, Member Robert Kidwell, and Special Counsel Farrah Short during a firm webinar held earlier this month focused on recent antitrust developments and what companies should know as they conduct business and plan transactions and investments.
Press Release Thumbnail
Firm plays a key role in the largest health care acquisition to date in 2020.
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.  
Press Release Thumbnail
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.
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.
Read less

Events & Speaking

Panelist
Feb
3
2015
Read less

Recognition & Awards

  • Washington D.C. Super Lawyers: Rising Star - Antitrust Litigation (2015)

  • City Year Idealist of the Year (2015)

Read less