On December 9, 2022, the U.S. Department of Justice, Antitrust Division and the U.S. Department of Health and Human Services, Office of the Inspector General (OIG) (collectively, the Agencies) formalized their long-standing partnership to fight anti-competitive conduct in healthcare markets by signing a memorandum of understanding (the MOU) to enhance cross-agency collaboration. Although the Agencies have conducted parallel investigations in the past, the timing of the MOU indicates that health care industries will receive increased scrutiny from both in 2023. Companies can proactively mitigate this risk with thorough compliance training that explains what constitutes misconduct and the grave civil and criminal penalties that can ensue.
Jennifer Driscoll focuses her practice on investigations, litigation, arbitration, mergers, and counseling. Jen has extensive experience in the medical devices, pharmaceutical, electronic components and automotive industries, with a particular knowledge of industries in Japan and Taiwan. She is a member of the firm’s Business Litigation Group.
An experienced commercial litigator, Jen defends corporations and individuals against alleged antitrust and anti-corruption claims, both civil and criminal. Her recent cases, which include cartel matters, safety audits and agency inquiries, reflect her skills with government investigations and compliance issues. Jen has represented clients in international cartel investigations, merger investigations, and Sherman Act Section Two class action lawsuits in federal courts. She has also counseled international clients about antitrust laws relating to mergers and acquisitions, represented both corporations and individuals in the Antitrust Division’s investigation of the auto parts industry, and defended clients in federal and multi-state investigations involving the False Claims Act and consumer product issues. Jen has been a member of panels discussing antitrust issues, international cartels and unilateral conduct, both in the U.S. and abroad, and has written articles and papers on these topics. View her bio on rc.com