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Ryan Kantor

Ryan Kantor

Partner

ryan.kantor@morganlewis.com

Washington DC Phone +1.202.739.5343 Fax +1.202.739.3001

1111 Pennsylvania Ave. NW//Washington, DC 20004-2541//United States

Ryan Kantor’s practice focuses on federal and state government antitrust investigations, antitrust litigation, and counseling on antitrust and competition issues. He represents clients before the US Federal Trade Commission, US Department of Justice (DOJ), state attorneys general offices, and in federal and state courts. Ryan previously served as assistant chief of the Healthcare and Consumer Products section in the DOJ’s Antitrust Division.

During his more than 10 years with the DOJ, Ryan played key roles in several of the Antitrust Division’s most high-profile investigations and enforcement actions. He led the investigation of the proposed merger of two of the largest health insurers in the United States, resulting in the division successfully challenging the proposed merger in federal court. Ryan received the Attorney General’s Award for Distinguished Service, the department’s second highest award for performance, for his work on this matter. Ryan also managed the investigation of the proposed merger of two of the other largest US health insurers, also resulting in the division successfully challenging the proposed merger in federal court. In addition, Ryan was a key member of the prosecution team that challenged the proposed merger of two of the largest mobile wireless telecommunications services providers. During his tenure at the DOJ, Ryan led or managed major investigations involving a diverse set of industries, including retail products, wood and paper products, packaging products, telecommunications and technology, office and consumer products, health insurance, hospitals, pharmacies, and pharmacy benefit managers. For his work on these matters, Ryan received the Assistant Attorney General Award of Distinction three times.

As assistant chief of the Healthcare and Consumer Products Section, he managed more than two dozen lawyers responsible for investigating and prosecuting merger and non-merger matters in the healthcare, retail and consumer products, and pulp, paper and timber sectors.

Ryan frequently speaks on antitrust issues at national conferences.

He previously served as a law clerk to Judge Paul S. Diamond of the US District Court for the Eastern District of Pennsylvania.

Selected Representations

Representative investigations and litigation while at the DOJ

  • Successful challenges in federal court to proposed mergers of four of the five largest US health insurers
  • Two enforcement actions challenging hospitals’ allocation of territories for marketing of healthcare services; resolved by decree that prevents the parties from continuing the conduct
  • Enforcement action challenging hospital system’s use of steering restrictions in contracts with health insurers
  • Enforcement action challenging chiropractic associations fixing prices between competing chiropractors in negotiations with health insurers; resolved by decree that prevents the parties from continuing the conduct
  • Enforcement action challenging a health insurer’s use of “most favored nation” clauses; action dismissed after state legislature banned use of the clauses
  • Enforcement action challenging proposed merger of paper manufacturers; resolved by divestiture of two paper mills
  • Enforcement action challenging wood product manufacturers’ pre-merger coordination as “gun-jumping” violations
  • Merger between manufacturers of fiberboard wood products abandoned after DOJ expressed concerns about the transaction’s likely anticompetitive effects
  • Merger between manufacturers of strandboard wood products abandoned after DOJ expressed concerns about the transaction’s likely anticompetitive effects
  • Enforcement action challenging merger of containerboard manufacturers; resolved by divestiture of manufacturing plants
  • Enforcement action challenging proposed merger of mobile wireless telecommunications services providers; merger abandoned prior to trial
  • Merger between manufacturers of office and consumer products abandoned after DOJ expressed concerns about the transaction’s likely anticompetitive effects
  • Enforcement action challenging dairy processor’s acquisition of fluid milk processing plants; resolved by divestiture of fluid milk processing plant
  • Enforcement action challenging merger of bread manufacturers; resolved by divestiture of brand and manufacturing assets

Awards and Affiliations

Named, Modern Healthcare’s “Largest Healthcare Firm” (2016–2020)

Recommended, Antitrust: Merger control, The Legal 500 US (2020)

Recommended, Antitrust: Cartel, The Legal 500 US (2019)

Recommended, Civil Litigation/Class Actions: Defense; Merger Control, The Legal 500 US (2019)

Member, Practice Group of the Year, Competition, Law360 (2018–2020)

Attorney General’s Award for Distinguished Service (2017)

Assistant Attorney General Award of Distinction (2013, 2015, 2017)

Admissions

  • District of Columbia
  • New York

Clerkships

  • Clerkship to Judge Paul S. Diamond of the US District Court for the Eastern District of Pennsylvania (2004 - 2005)

Education

  • Harvard Law School, 2003, J.D., cum laude
  • London School of Economics and Political Science, 2000, M.S.c., Sociology, with merit
  • University of Michigan, 1999, B.B.A., Finance, with High Distinction

Sectors

  • Healthcare
  • Retail
  • Insurance
  • Life Sciences
  • Technology

Services

  • Antitrust Competition
  • Mergers Acquisitions
  • Litigation Regulation Investigations
  • Telecommunications Media Technology

Regions

  • North America

Events

12/9/2020 - Post-Election Landscape for Antitrust Enforcement

5/20/2020 - "Killer Acquisitions" – The Antitrust Agencies' Focus on Acquisitions of Nascent Competitors

9/18/2019 - Power Plant Closures and Repowering Roundtable

7/26/2018 - Fast Break: DOJ ‘No-Poaching’ Agreements in Healthcare

4/11/2018 - ABA’s Antitrust Law Spring 2018 Meeting

2/22/2018 - ABA’s Emerging Issues in Healthcare Law Annual Conference

5/3/2017 - American Conference Institute’s 8th Annual Advanced Forum on Managed Care Disputes and Litigation

10/13/2015 - 2015 Texas Health Law Conference

8/8/2014 - American Psychological Association’s Annual Meeting

7/1/2014 - American Health Lawyers Association’s 2014 Annual Meeting

2/20/2014 - American Health Lawyers Association’s Healthcare Antitrust Bootcamp

7/2/2013 - American Health Lawyers Association’s 2013 Annual Meeting

News

10/11/2019 - The Lawyer Names Morgan Lewis Among Top 10 Global Litigation Firms

2/21/2019 - Morgan Lewis Launches Health Law Scan: Insights and Perspectives on the Healthcare Sector

5/14/2018 - Morgan Lewis Adds Former DOJ Assistant Chief to Antitrust Team

Publications

1/26/2021 - Morgan Lewis Lawyers Discuss Vertical Merger Guidelines in Journal of Health and Life Sciences Law

January 2021 - Antitrust enforcement in a Biden administration

12/16/2020 - FTC Loses Preliminary Challenge to Tie-up of Two Philadelphia Healthcare Networks

10/30/2020 - Healthcare Perspective: The FTC and DOJ’s Long-Awaited Enforcement Guidelines for Vertical Mergers, Journal of Health and Life Sciences Law

5/5/2020 - Florida Oncology Group Pays $100M Fine, Enters into DPA with DOJ Antitrust Over Alleged Market Allocation Agreement

2/5/2020 - DOJ Issues Business Review Letter Greenlighting Expansion of Group Purchasing Arrangement to Cover Optometry Products

11/26/2019 - Price Transparency Rules: Key Takeaways for Hospitals and Health Plans

11/26/2019 - Unpacking the Price Transparency Rules – What Hospitals and Health Plans Need to Know

11/15/2019 - CMS Advances Price Transparency with Rules for Hospitals and Insurers

10/29/2019 - FTC Requests Data for Ongoing Study of Certificate of Public Advantage Laws

7/2/2019 - Will Hospitals and Insurers Have to Disclose Their Contracted Rates to Consumers Under Executive Order?

May 2019 - Enforcer Insights: An Interview with Ryan Kantor, Antitrust Healthcare Chronicle

5/23/2018 - Active No-Poaching Investigations Confirmed

5/23/2018 - DOJ Enforcement of No-Poaching/Wage-Fixing Agreements

5/22/2018 - DOJ Confirms Active ‘No-Poaching’ Criminal Investigations in Healthcare and Other Industries