Stephen Scannell

Stephen Scannell
  1. People /

Stephen Scannell

Stephen Scannell

Associate

Stephen Scannell
  1. People /

Stephen Scannell

Stephen Scannell

Associate

Stephen Scannell

Associate

St. Louis

T: +1 314 259 2516

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Biography

Stephen is a member of the firm’s Antitrust & Competition practice group. He has experience with various antitrust issues, such as merger reviews, price fixing, market allocation, joint ventures, group boycotts, exclusive dealing, and monopolization. He is experienced in many aspects of antitrust litigation in federal courts, including drafting pleadings and motions, conducting expert and fact discovery, taking depositions, settlement negotiations, and trials.

Since joining the firm, Stephen has played a significant role in merger review filings, investigations, litigation, and strategic advice. He has assisted clients across various industries, including food and agriculture, healthcare, sports and entertainment, retail, financial services, and technology.

Before joining the firm, Stephen served as a Deputy Attorney General in the Pennsylvania Office of Attorney General, Antitrust Section. There, he was responsible for investigating and litigating antitrust mergers and conduct cases across a range of industries. Notable matters during this time include an action against Martin Shkreli and his company, Vyera Pharmaceuticals, alleging a scheme to block generic competition in violation of the Sherman Act and state law. Stephen was also involved in multidistrict litigation alleging an industry-wide conspiracy in the generic pharmaceutical industry and a joint action with the FTC to block the merger of two Philadelphia health systems. His antitrust experience also includes an internship with the Healthcare and Consumer Products Section of the Department of Justice, Antitrust Division.

Stephen’s work with state attorneys general, the Federal Trade Commission, and the Department of Justice provides him with a unique perspective on joint investigations and litigation among antitrust enforcers. He leverages this experience to provide practical and strategic assistance to clients.

Professional Affiliations

  • American Bar Association, Section of Antitrust Law, 2019 - Present

Admissions

  • Missouri, 2022
  • Pennsylvania, 2021
  • Illinois, 2019
  • U.S. District Court, Eastern District of Pennsylvania, 2021
  • U.S. District Court, Northern District of Illinois, 2020

Education

  • Saint Louis University, J.D., 2019
  • University of Illinois-Urbana, B.A., 2015

Experience

  • Federal Trade Comm’n et al v. Shkreli, No. 20-CV-00706 (DLC) (S.D.N.Y) – Represented Pennsylvania in joint action against Martin Shkreli alleging violations of the Sherman Act (15 U.S.C §§ 1-2) and state law; resulted in finding Shkreli liable on all counts, awarding $65 million in disgorgement, and banning him from the pharmaceutical industry for life following a bench trial in December 2021.
  • In re Generic Pharmaceuticals Pricing Antitrust Litigation, MDL No. 2724 (E.D. Pa) – Represented Pennsylvania in actions brought by state attorneys general against dozens of generic pharmaceutical manufacturers alleging conspiracy to fix prices and allocate markets across hundreds of generic pharmaceutical products in violation of the Sherman Act and state law.
  • Federal Trade Comm’n et al v. Thomas Jefferson University et al, 2-20-cv-01113 (E.D. Pa.) – Joint action seeking preliminary injunction against the merger of two Philadelphia health systems under the Clayton Act.

Resources

Publications

  • “Bridging the Gorge: States Prevent Retention of Ill-Gotten Gains Through Disgorgement” Competition Policy International, Antitrust Chronicle, August 2021
  • “Medical Marijuana and the ADA: Following the Path Blazed by Courts to Extend Protection” St. Louis University Journal of Health Law and Policy, Spring 2019

Speaking Engagements

  • Panelist, “How to Ride a Unicorn: Lessons from Recent Antitrust Trials” National Association of Attorneys General Antitrust Seminar, September 2022
  • Panelist, “Disgorgement as a Gap-Filler in State Antitrust Enforcement” National Association of Attorneys General Antitrust Seminar, October 2021

Related Insights

Insights
Oct 23, 2024

The FTC and State Case Against Amazon Highlights Risks and Impacts from Using Pricing Algorithms

Both the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division have focused their sights on big technology companies. Understanding the precedents set by these suits is critical for clients operating in today’s online marketplaces, both to avoid the risk of antitrust investigations or litigation, and to understand whether a client has been harmed by potentially unlawful conduct.  A September 30, 2024 decision by Judge Chun in the Western District of Washington in the FTC v. Amazon.com case—unsealed to the public on October 7, 2024—demonstrates the increasing breadth of the agencies’ antitrust theories and the wide impacts of Amazon’s sprawling pricing algorithms.*
Insights
Oct 21, 2024

FTC Announces New Premerger Notification Form

On October 10, 2024, the Federal Trade Commission (“FTC”), with the concurrence of the Antitrust Division of the Department of Justice, (the “DOJ”, and together, the “Agencies”) voted unanimously to adopt new premerger notification rules (the “Final Rule”) that implement the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”). The Agencies had previously announced proposed amendments on June 27, 2023, which we covered in a previous insight. The Final Rule reflects numerous changes made during a lengthy review and comment period, including a thorough revamping of the Premerger Notification and Report Form (the “New Form”) that parties are each required to complete if their transaction is reportable under the HSR Act.
Insights
Jan 16, 2024

Stay Above Board In 2024

Related Insights

Insights
Oct 23, 2024
The FTC and State Case Against Amazon Highlights Risks and Impacts from Using Pricing Algorithms
Both the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division have focused their sights on big technology companies. Understanding the precedents set by these suits is critical for clients operating in today’s online marketplaces, both to avoid the risk of antitrust investigations or litigation, and to understand whether a client has been harmed by potentially unlawful conduct.  A September 30, 2024 decision by Judge Chun in the Western District of Washington in the FTC v. Amazon.com case—unsealed to the public on October 7, 2024—demonstrates the increasing breadth of the agencies’ antitrust theories and the wide impacts of Amazon’s sprawling pricing algorithms.*
Insights
Oct 21, 2024
FTC Announces New Premerger Notification Form
On October 10, 2024, the Federal Trade Commission (“FTC”), with the concurrence of the Antitrust Division of the Department of Justice, (the “DOJ”, and together, the “Agencies”) voted unanimously to adopt new premerger notification rules (the “Final Rule”) that implement the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”). The Agencies had previously announced proposed amendments on June 27, 2023, which we covered in a previous insight. The Final Rule reflects numerous changes made during a lengthy review and comment period, including a thorough revamping of the Premerger Notification and Report Form (the “New Form”) that parties are each required to complete if their transaction is reportable under the HSR Act.
Insights
Aug 22, 2024
The Amazon Regrows: DC High Court Revives Suit Against Amazon’s Pricing Practices
Insights
Jan 23, 2024
FTC announces 2024 thresholds under HSR Act
Insights
Jan 16, 2024
Stay Above Board In 2024
Insights
Oct 02, 2023
Government Shutdown’s Impact on Antitrust Merger Review
Insights
Jul 20, 2023
Back to the Future: Antitrust Agencies Announce New Draft Merger Guidelines
Insights
Jun 29, 2023
U.S. antitrust agencies propose major changes to pre-merger review process
Insights
Feb 16, 2023
A noisy exit by FTC Commissioner Wilson