Overview
Attorney John Steren leverages his more than 30 years of health care antitrust and litigation experience to help health care clients manage the risks of joint ventures and other business arrangements and to defend them against government investigations and enforcement actions. He also provides counseling and litigation services to employers in connection with non-competition and pricing-related issues.
Among John’s clients are large health care providers (or provider groups), such as hospitals and health care systems, physicians, ambulatory surgery center corporations, and other specialty care providers (e.g., chains of urological care or anesthesia providers). His clients also include large retail chains, commercial and residential lenders, and product manufacturers and distributors.
For health care clients, John provides advice on whether their conduct, typically undertaken in an effort to improve upon the delivery of care or in response to the changing landscape of the markets in which they compete, raises any antitrust issues. Clients also rely on John’s advice on expansion-related issues (i.e., mergers and acquisitions), competitor collaborations, networking issues, payor contracting issues, information exchanges, enforcement actions, and third-party-related defenses.
For employers, John provides counseling and litigation services relating to the protection of trade secrets, the development and enforcement of non-compete agreements, and pricing and price discrimination.
Clients value John’s ability to understand a problem from their perspective and to develop a solution that balances their business needs with associated competitive concerns and risks.
A thought leader in the antitrust field, John speaks regularly and has authored numerous articles on antitrust issues affecting the health care industry. And to keep his clients up to date on important antitrust counseling and defense issues, John coauthors Antitrust Byte client alerts on a biweekly basis.
Before joining Epstein Becker Green, John was a Principal of another law firm focusing on the health care industry, where he served as Co-Chair of its Litigation Group and Chair of that firm’s Antitrust and Competition Group.
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Focus Areas
Services
Experience
- Represented a large hospital chain in the mid-Atlantic region that was acquiring a competing hospital/system faced with a potential enforcement action by the Federal Trade Commission (FTC). John developed the defenses to support the procompetitive benefits of the transactions so as to persuade the FTC not to challenge the transaction. He helped the client avoid costly litigation and proceed with the intended transaction.
- Represented a large network of physician providers located in the mid-Atlantic region that wanted to achieve clinical integration among competing providers including joint negotiations of payor contracts. John developed a systematic approach to fulfilling the requirements of clinical integration and provided a platform that properly positioned his client to jointly negotiate with the payors.
- Enforced non-compete provisions against former employees of a residential lender with offices located throughout the East Coast. John successfully obtained a temporary restraining order to prevent further theft of clients and trade secrets.
- Defended antitrust claims against a hospital system related to the acquisition of multispecialty physician practices. John defeated the lawsuit, winning motions explaining the lack of any basis for the litigation.
- Developed policies and standards for a retail chain for pricing products at retail. These policies and standards allowed the manufacturer to control the retail prices set by distributors and retailers.
Representative Cases
- Secured a federal court’s dismissal of an alleged breach of a restrictive covenant. IntelliHR, LLC v. Martyn, Case No. 1:15-cv-00243-LMB-MSN (E.D. Va. March 25, 2015).
- Obtained a $10 million judgment for a banking client against guarantors of a commercial loan. Branch Banking and Trust Co. v. Rappaport, Civ. Action No. 13-510 (D.D.C. February 28, 2014).
- Secured a federal court’s dismissal, affirmed by the U.S. Court of Appeals for the Fourth Circuit, on behalf of a banking client accused of violating the Equal Credit Opportunity Act. Ballard v. Bank of America, N.A., 734 F.3d 308 (4th Cir. 2013).
- Attained a federal court’s dismissal on filed-rate doctrine grounds of a nationwide class action alleging damages from the purported improper reporting of end-product prices used by the U.S. Department of Agriculture to establish federal minimum prices payable to dairy farmers. Carlin, et al. v. DairyAmerica, Inc., et al., 690 F.Supp.2d 11 (E.D. Cal. 2010).
- Secured a $5.2 million arbitration award on behalf of a banking client for fraud and breach of contract. Bank of America, N.A. v. A.C. Technology, Inc., et al., AAA Case No. 16 148 Y 00590 09 (Oct. 4, 2010).
- Obtained summary judgment for the American Urological Association accused of conspiring with the American Medical Association to keep plaintiff's urological treatment off the market. Neotonus, Inc. v. American Medical Association, et al., 554 F. Supp. 2d 1368 (N.D. Ga. 2007).
- Obtained summary judgment for the defendant in an antitrust action challenging the legality of a radiology exclusive contract. Imaging Center, Inc. v. Western Maryland Health System, Inc., 20052 Trade Cas. (CCH) 75056, 2005 WL 3403627 (4th Cir. 2005).
- Attained a defense verdict on behalf of a hospital client accused of conspiring in violation of antitrust laws to prevent a competitor’s expansion efforts. Sisters of St. Francis, Inc. v. Morgan County, 397 F. Supp. 2d 1032 (S.D. Ind. 2005).
- Obtained summary judgment on behalf of a long-term care pharmacy provider accused of improperly maintaining a pharmaceutical recycling program in violation of the False Claims Act. United States ex rel. Quinn v. Omnicare, Inc., 382 F. 3d 432 (3rd Cir. 2004).
- Obtained injunctive relief on behalf of Morgan Stanley DW, Inc., in an action involving the misappropriation of trade secrets and confidential information. Morgan Stanley DW Inc. v. Rothe, 150 F.Supp.2d 67 (D.D.C. 2001).
Recognition
- American Health Lawyers Association, “Volunteer Recognitions” for “Member Service” on the book Health Care Compliance Legal Issues Manual, Fifth Edition (2019)
- JD Supra Readers’ Choice Award, Recipient, “Antitrust & Trade Regulation” (2019, 2020) and “M&A” (2020)
Credentials
Education
- Georgetown University Law Center (J.D., 1989)
- Editor, The Tax Lawyer
- Law Fellow
- University of Maryland (B.A., summa cum laude, 1986)
- Provost Scholar
- Omicron Delta Kappa Leadership Honor Society
- Golden Key International Honour Society
Bar Admissions
- District of Columbia
- Maryland
- Virginia
Court Admissions
- District of Columbia Court of Appeals
- Maryland Court of Appeals
- Supreme Court of Virginia
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Federal Claims
- U.S. District Court, District of Columbia
- U.S. District Court, District of Maryland
- U.S. District Court, Eastern District of Virginia
- U.S. District Court, Western District of Virginia
Professional & Community Involvement
- American Bar Association
- Section on Antitrust Law
- Section on Litigation
- American Health Lawyers Association
- District of Columbia Bar Association
- Maryland State Bar Association
- Virginia Bar Association
Media
Events
Past Events
Insights
Insights
- PublicationsFTC Disputes Whether States Can Effectively Displace Hospital Competition with COPA Regulation2 minute read
- PublicationsFTC and DOJ Signal Continued Interest in Labor Markets with New MOU2 minute read
- PublicationsInteragency Strike Force on Unfair and Illegal Pricing Holds First Public Meeting1 minute read
- PublicationsFTC Releases Controversial Interim Staff Report on PBMs’ Purported Impact on Drug Prices3 minute read
- PublicationsProposed FTC Budget Signals Continued Enforcement Initiatives2 minute read
- PublicationsNewly Appointed Commissioner Holyoak Criticizes FTC’s Direction and Policy2 minute read
- Media CoverageJohn Steren Quoted in “Kroger Deal’s Local Veto May Give Ore. Health Agency Pause”2 minute read
- PublicationsAgencies Seek Information on Serial Acquisitions2 minute read
- PublicationsClose of Comment Period for RFI on Consolidation in Health Care Markets2 minute read
- PublicationsFTC Requests Substantial Increase to FY 2025 Budget2 minute read
- PublicationsFederal Antitrust Enforcement Agencies Launch New Reporting Tool2 minute read
- PublicationsFive Commissioners and a Vote on Noncompetes to Come2 minute read
- PublicationsFTC Continues Investigation into PBM Practices2 minute read
- PublicationsAgencies Focus on Private Equity in Health Care2 minute read
- Firm Announcements
Three Epstein Becker Green Attorneys Cited for Noteworthy Thought Leadership in JD Supra 2024 Readers’ Choice Awards ...
4 minute read - PublicationsFTC Calls on Congress to “Modernize” HSR Act and Extend Waiting Periods2 minute read
- PublicationsRevised HSR Thresholds Announced2 minute read
- PublicationsUpdated Merger Guidelines Finalized2 minute read
- PublicationsRecap: Top 10 Antitrust Issues in 20232 minute read
- PublicationsPresident Seeks More Antitrust Scrutiny of Health Care Transactions2 minute read
- PublicationsLatest Status of Proposed Merger Guidelines2 minute read
- PublicationsFTC Chairwoman Defends Agency’s Enforcement Record2 minute read
- PublicationsThe Federal Trade Commission Moves Closer to a Full Complement of Commissioners2 minute read
- PublicationsFTC and DOL Sign MOU for Cooperation2 minute read
- PublicationsBeyond Civil Enforcement2 minute read
- PublicationsAre Conduct Remedies to Merger Challenges Back on the Table?2 minute read
- PublicationsNew Antitrust Theory: Cross-Market Effects2 minute read
- PublicationsFTC Warns Against Contract Provisions It Believes Could Impede Its Investigations2 minute read
- PublicationsFTC’s Fight with House Judiciary Committee Goes Public2 minute read
- PublicationsAdditional Withdrawals of Long-Standing Guidance and Newly Proposed Merger Guidelines2 minute read
- PublicationsPotential Hart-Scott-Rodino Changes on the Horizon3 minute read
- PublicationsFTC Says State Oversight Cannot Effectively Displace Competition Among Health Care Providers2 minute read
- PublicationsA 20-Year Consent Order Prohibiting the Use of Non-Compete Agreements2 minute read
- BlogsA 20-Year Consent Order Prohibiting the Use of Non-Compete Agreements - Antitrust Byte2 minute read
- PublicationsFTC Makes Case for Increased Enforcement2 minute read
- PublicationsSupreme Court Determines That Constitutionality of FTC’s Administrative Review Process Can Be Challenged in Federal ...2 minute read
- PublicationsNew HSR Filing Fee Tier System in Effect2 minute read
- PublicationsSecond Annual Spring Enforcers Summit Kicks Off with Remarks from Jonathan Kanter2 minute read
- PublicationsDOJ’s Antitrust Division Continues Its Pursuit of Overlapping Directorates2 minute read
- Firm Announcements
Five Epstein Becker Green Attorneys Receive 2023 JD Supra Readers’ Choice Awards for Noteworthy Thought Leadership ...
3 minute read - PublicationsAccompanying Statements to Hart-Scott-Rodino Annual Report Exemplify Ongoing Tension at FTC2 minute read
- BlogsDOJ Withdraws Long-Standing Support for Antitrust Enforcement Policy Statements in Health Care9 minute read
- PublicationsDOJ Withdraws Long-Standing Health Care Antitrust Enforcement Policy Statements2 minute read
- PublicationsRecap: Top 10 Antitrust Issues in 20222 minute read
- PublicationsDOJ and HHS Coordinate Enforcement Efforts in Health Care2 minute read
- PublicationsDOJ Continues to Emphasize Antitrust Merger Enforcement2 minute read
- PublicationsFTC Tries Again to Provide Guidance on Enforcement Under Section 5 of FTC ActNovember 17, 20224 minute read
- PublicationsIndependent Physician Association Enforcement Not Forgotten2 minute read
- PublicationsFTC Commissioner Favors Fairness over Efficiency2 minute read
- PublicationsFTC Testimony to Senate—with a DissentSeptember 29, 20222 minute read