Steve Vieux

Steve Vieux focuses his practice on business and product liability litigation, including defending automotive and medical device clients in personal injury litigation, as well as counseling clients on antitrust and consumer protection issues.

He brings extensive experience handling complex litigation and government investigations, and as trial counsel. Before joining Shook, Steve was a senior attorney with the Federal Trade Commission (FTC) Bureau of Competition, where he played a leading role in federal antitrust investigations and litigation in the health care and life science industries.

While at FTC, he also served in its Office of General Counsel where he had the opportunity to work on various consumer protection, competition and administrative law matters, including the analysis and implementation of privacy enforcement policy.

As a result of his work at FTC, Steve received the prestigious Janet D. Steiger award on two occasions for his contributions to government enforcement actions and litigation.

Besides his enforcement work at the FTC, Steve’s antitrust experience includes serving on an interagency team that reviewed health care joint ventures participating in the U.S. Department of Health and Human Services’ Accountable Care Organization program for their competitive impact.

He also analyzed settlement agreements entered into between pharmaceutical companies in Hatch-Waxman litigation matters for antitrust compliance.

Steve’s record of public service also includes serving as a Special Assistant U.S. Attorney for the District of Columbia, managing a caseload of more than 100 criminal cases.

During his career, Steve has been appointed to key positions at various bar and professional organizations, including the American Bar Association and the Uniform Law Commission’s Committee on Social Media Privacy.

Representative Matters:

• FTC v. Shire ViroPharma, Inc.: Core member of the team that brought the first FTC suit against a pharmaceutical company for allegedly abusing the FDA citizen petition process through sham petitioning.
• FTC v. Actavis: Core member of the FTC team that undertook the underlying investigation and initial challenge of an alleged reverse payment patent litigation settlement agreement between the manufacturer of a testosterone replacement drug and two manufacturers of competing generic versions of the drug. On certiorari, the U.S. Supreme Court reversed the federal circuit court’s dismissal, allowing so-called reverse payment patent litigation settlement agreements to come under antitrust scrutiny.
• In the Matter of Schering-Plough Corp.: Actively involved in the FTC’s first litigated challenge of an alleged reverse payment patent litigation settlement agreement between pharmaceutical companies.
• In the Matter of Evanston Northwestern Healthcare Corp.: Member of the FTC trial team that successfully challenged the consummated merger of two health systems in the Chicago area suburbs.
• FTC v. CSL Limited: A leading member of the FTC team challenging the proposed merger of two of the three largest producers, at the time, of plasma-derived protein therapies in the U.S. Led the team’s effort in proving the difficulty of competitive entry and expansion in that market. The parties abandoned the proposed merger before trial following the FTC’s lawsuit.
• In the Matter of CentraCare Health System: Represented the FTC in its investigation of a large health system’s acquisition of a multispecialty medical practice group in central Minnesota. In a consent order, CentraCare agreed to release some physicians from “non-compete” contract clauses so they could join local competing practices or establish their own practice in the area.
• In the Matter of Keystone Orthopaedic Specialists, LLC: Played a leading role in the investigation of a consummated merger of six orthopedic practices in Berks County, Pennsylvania. The parties agreed to a consent order that preserved the separation of one of the six practices and required prior approval before acquiring another orthopedic practice in the area.
• In the Matter of Preferred Health Services, Inc.: Led the investigation and settlement negotiations of allegations that a physician-hospital organization facilitated joint pricing among independent physicians in northwestern South Carolina. The negotiated consent order not only prohibited the organization from orchestrating collective agreements among physicians when dealing with payors, but also prohibited it from acting as an agent for any physicians in connection with health plan contracting.
• In the Matter of White Sands Health Care System, LLC: Led an FTC investigation of a physician-hospital organization and its consultant for facilitating collective refusals to deal among the main area hospital, independent physicians and ancillary providers, including all of the nurse anesthetists in the area. The parties agreed to a consent order prohibiting the organization and its consultant from orchestrating collective agreements among providers when negotiating with payers as well as preventing the consultant from negotiating with payors on behalf of the providers.
• In the Matter of San Juan IPA, Inc.: Managed the investigation of an independent practice association operating in northwestern New Mexico that allegedly facilitated price-fixing and collective refusals to deal with payors. Negotiated a consent order prohibiting the association from collectively negotiating with health plans on behalf of its physician members and from setting their terms of dealing with such purchasers.
• In the Matter of Southeastern New Mexico Physicians IPA: Led the investigation of price-fixing among competing physician members of an independent practice association. Negotiated a consent order that prohibited the association from orchestrating collective agreements with payors on behalf of the physicians and prohibited two of its employees from jointly negotiating on behalf of the physicians.
• In the Matter of Carlsbad Physician Association, Inc.: Managed an FTC enforcement action against a physician organization accused of facilitating price-fixing among its physician members. Led the settlement negotiations that resulted in the organization’s dissolution and the prohibition of its physician leaders and consultant from acting as agents for physicians in health plan contracting matters.

Education:

• J.D., University of Pennsylvania Law School, 1999
  • University of Pennsylvania Journal of Constitutional Law, Senior Editor
  • National Black Law Students Association, Philadelphia Sub-Regional Director
• B.S., Cornell University, 1996 (Industrial and Labor Relations)

Bar Admissions:

• California
• District of Columbia
• New Jersey

Memberships:

• American Bar Association, Government and Public Sector Lawyers Division, Vice-Chair
• American Bar Association, Antitrust Section
• American Bar Association, Litigation Section
• American Bar Association, Administrative Law Section, Former Council Member and Former Chair of the Government Information and Right to Privacy Committee
• Uniform Law Commission’s Committee on Social Media Privacy, Former ABA Advisor
• Washington Bar Association, Former Treasurer
• District of Columbia Bar Association, Antitrust & Consumer Law Section, Former Steering Committee Member
• California Lawyers Association, Business Law Section
• California Lawyers Association, Antitrust, UCL and Privacy Section