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Wendelynne J. Newton

Wendelynne J. Newton


Antitrust Practice Group Leader

Pittsburgh, PA
  • Obtained antitrust clearance from the Pennsylvania Attorney General Antitrust Section and the Federal Trade Commission for merger of Aria Health System and Jefferson Health System.
  • FTC antitrust clearance in 2015 for acquisition of CENTRIA by NCI Buildings Systems, Inc.
  • Obtained FTC Seattle Field Office and Washington Attorney General antitrust clearance for acquisition of Kadlec Health System by Western Healthconnect, an affiliate of Providence Health & Services, in 2014.
  • Obtained voluntary dismissal of tying and attempted monopolization counterclaims on behalf of A.R. Arena Products, Inc. in its patent infringement lawsuit: A.R. Arena Products, Inc. v. Grayling Industries, Inc., C.A. No. 5:11-cv-01911-JRA (N.D. Ohio 2011).
  • Obtained dismissal of class action Complaint alleging violation of Sherman Act § 1 in regard to consumer lending practices on behalf of VantageScore Solutions, LLC, a credit scoring company. Karin J. Black, et al. v. JP Morgan Chase & Co., et al., C.A. No. 2:10-cv-00848 (W.D. Pa. 2011).
  • Obtained antitrust clearance for Geisinger Health System in mergers/acquisitions 2010-2014, including negotiations with the Pennsylvania Attorney General Antitrust Section.
  • Obtained court approval of settlement of class action lawsuit involving allegations that "innovative brokers" were excluded from subscribership in West Penn Multi-List in violation of the antitrust laws. Thomas L. Logue, on behalf of himself and others similarly situated v. West Penn Multi-List, Inc. et al., C.A. No. 2:10-cv-451, W.D. Pa. (settlement 11/1/11).
  • Final Judgment (consent order) with the Department of Justice Antitrust Division ("DOJ") to permit Sapa's acquisition of U.S. aluminum extrusion company, Indalex. United States of America v. Sapa Holding AB and Indalex Holdings Finance, Inc., Civil Action No. 09-1424 (D.D.C. 2009).
  • Navigated state and federal antitrust investigations, including an FTC Second Request, to permit close of UPMC's acquisition of The Mercy Hospital of Pittsburgh in January 2008.
  • Ivoclar Vivadent, Inc. v. Dentsply Int'l, Inc., C.A. No. CV-07-0045 (M.D. Pa.) (Notice of Voluntary Dismissal filed 6/14/07 based on settlement).
  • Brought and settled Robinson-Patman and other claims for an industrial refrigeration company. FES Systems, Inc. v. Mycom North America, Inc., C.A. No. 1:03-CV-1102 (M.D. Pa.).
  • Negotiated the consent decree with the Pennsylvania Attorney General for UPMC Health System's acquisition of Children's Hospital. Two private antitrust lawsuits challenging the merger settled immediately thereafter. Highmark, Inc. v. UPMC Health System and West Penn Allegheny Health System, Inc. v. UPMC Health System, C.A. Nos. 01-1114, 01-1381 (W.D. Pa. 2001).
  • Obtained a favorable judgment in dismissing a surgi-center's antitrust complaint on Noerr-Pennington immunity on behalf of 19 physicians. That dismissal was upheld on appeal, including ultimately by the United States Supreme Court. Armstrong Surgical Center, Inc. v. Armstrong County Memorial Hospital, 185 F.3d 154 (3d Cir. 1999), cert denied, 530 U.S. 1261 (2000).
  • Obtained FTC antitrust clearance on an expedited basis for Dick's Sporting Goods' acquisition of Galyan's Trading Company.