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Summary

Lucy Nguyen is a Manager in the Antitrust and Competition Practice at Bates White. She specializes in analyzing large and complex data sets and performing in-depth industry research to aid in the review of antitrust issues relating to both horizontal and vertical mergers and monopolization claims. She has significant experience supporting testifying experts and providing consulting support to clients through all stages of litigation and government investigations.

Ms. Nguyen has worked on antitrust matters in the healthcare, technology, aerospace and defense, pharmaceutical, and agricultural industries on behalf of various private companies and regulatory agencies. In her time at Bates White, she has supported the expert on behalf of the merging parties in Optum’s $4.3 billion acquisition of DaVita Medical Group and on behalf of the Federal Trade Commission in its challenge over the proposed merger between HCA and Steward. Additionally, she also serves as a member of the Data Science Committee.

Education

MS, Commerce–Business Analytics, University of Virginia McIntire School of Commerce

BA, Economics and East Asian Studies, University of Virginia (with distinction)

Selected Work

Selected Experience

  • Supported the expert on behalf of the Federal Trade Commission to analyze the likely competitive effects of HCA Healthcare's proposed acquisition of Steward Health Care's five Utah hospitals.
  • Supported the expert on behalf of parties in In re Thomas Jefferson University and Albert Einstein Healthcare Network as the Federal Trade Commission sought to enjoin their proposed merger.
  • On behalf of Thermo Fisher Scientific Inc., in connection with its proposed acquisition of Qiagen N.V., supported the parties’ advocacy efforts in response to reviews by antitrust authorities in multiple jurisdictions, including the United States and Europe.
  • On behalf of Dairy Farmers of America (DFA), assisted the expert with presentations and submissions to the DOJ and New York Attorney General’s office addressing potential competitive effects of DFA’s proposed acquisition of Dean Foods Company. DFA completed the $425 million acquisition in 2020.
  • Assisted an aerospace company in its proposed merger with a defense contractor, responding to the Department of Justice's (DOJ) second request for information and addressing potential antitrust concerns. The DOJ approved the transaction with divestitures.
  • On behalf of UnitedHealth’s health services subsidiary Optum in its acquisition of DaVita Medical Group, assisted the expert with presentations and submissions to the Federal Trade Commission and several state Attorney General offices addressing potential horizontal and vertical concerns arising from the proposed transaction.
  • Supported the consulting expert to the Massachusetts Health Policy Commission (HPC), an agency created to increase value and access in the delivery of healthcare. Conducted economic analyses of competitive effects arising from proposed healthcare provider transactions as part of HPC’s Material Change Notices and Cost and Market Impact Reviews.
  • On behalf of Wake Forest University Baptist Medical Center assisted the expert to assess likely competitive effects of its proposed acquisition of High Point Regional Health.
  • Supported the expert working on behalf of Emory Healthcare to analyze potential competitive effects of its proposed acquisition of DeKalb Medical Center.  
  • On behalf of Steward Health Care in Steward Health Care System LLC et al. v. Blue Cross & Blue Shield of Rhode Island, supported Professor Leemore Dafny in providing written and deposition testimony on monopoly power, monopsony power, and exclusionary conduct.
  • On behalf of Humana in connection with its proposed merger with Aetna, provided support for responses to the Department of Justice’s second request, analyzed likely competitive effects and barrier to entry and exit in the sale of Medicare Advantage products, and analyzed likely competitive effects in the sale of individual health insurance on public exchanges.
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