Holden Brooks is a partner for the firm’s Antitrust, Trade and Commercial Litigation Department, where her practice focuses on mergers, complex litigation, civil and criminal enforcement, and counseling across several industries with significant experience in the area of healthcare.
With a reputation for practical advice and a clear communication style, Holden regularly counsels clients on a variety of antitrust issues, including the Hart-Scott-Rodino (HSR) merger review process, M&A strategic considerations, compliance strategies, and litigation. She regularly represents clients in both criminal and civil investigations with the FTC, U.S. Department of Justice’s Antitrust Division, state attorneys general as well as class action, non‐class action, and merger challenge litigation matters in state, federal, and administrative courts.
She has extensive experience in the transaction space and is uniquely suited to advise healthcare clients in connection with transactional and other growth‐related strategic planning and due diligence, as well as strategies to identify and mitigate antitrust risk in collaborations and joint ventures.
She has also designed and implemented numerous antitrust compliance programs for healthcare and other clients and is an effective compliance speaker at all levels, from the C-suite to field employees encountering antitrust for the first time.
Holden also has extensive experience in the Private Equity space, providing results-oriented HSR counseling to clients during mergers and acquisitions.
Prior to joining McGuireWoods, Holden practiced antitrust law for national law firms and was a law clerk to the Honorable Peter J. Messitte of the United States District Court for the District of Maryland.
- Represented large North American private equity firms as HSR counsel on various acquisitions and dispositions over ten-plus years.
- Served as antitrust counsel to multiple nonprofit health systems navigating significant, high-profile mergers, including transactions subject to state and federal antitrust investigations and challenges.
- Served as antitrust counsel to major physician practices in connection with state attorney general investigations and federal criminal antitrust investigations, including negotiation of resolutions.
- Selected as antitrust counsel to monitor in a healthcare provider merger resolved with a settlement agreement.
- Served as antitrust counsel to major U.S. manufacturing clients in HSR reviews and challenges by FTC and DOJ.
- Served as antitrust counsel to significant U.S. media company in connection with federal criminal antitrust investigation.
- Served as antitrust counsel to multiple individual executives in federal criminal antitrust investigations.
- Served as antitrust counsel in numerous clinical integration and other transactions among health systems and other healthcare providers.
- Served as go-to antitrust compliance counsel for many entities in healthcare and other industry areas, including industry associations, start-ups, and joint ventures in need of congoing counseling, compliance program design and implementation, as well as effective executive and employee training.
- Served as antitrust counsel for healthcare providers in class action and non-class action litigation matters, including negotiating successful pre-trial resolutions.
Cornell Law SchoolJD
cum laude, Senior Note Editor, Cornell Law Review2001
- Columbia University School of the ArtsMFA1996
Johns Hopkins UniversityBA
Member, American Bar Association, Antitrust Law Section, Special Ops Team, Integrated Marketing Initiative
Member, American Health Lawyers Association
- Moderator, "McGuireWoods Antitrust and State Regulation Spotlight - The New Normal: What Increased Enforcement Means for Healthcare", 16th Annual Healthcare Finance and Growth Conference, September 28, 2023
- Speaker, Practical Antitrust Advice for Health System Leaders in 2023, August 25, 2023
- Speaker, Antitrust & Competition Update, April 27, 2023
- Speaker, 2023 Antitrust Spring Meeting, March 29-31, 2023
- Guest, "The Broad Impact of the FTC Noncompete Proposed Rule", The Professor’s Corner, March 1, 2023
- Speaker, Antitrust & Competition Update, January 26, 2023
- Speaker, "Ensuring Compliance in Today’s Healthcare Regulatory Landscape", 7th Annual Healthcare Litigation and Compliance Program, September 29, 2022
- Guest, "Understanding Antitrust Law in the Healthcare Space", The Professor’s Corner, May 2, 2022
- Panelist, "Antitrust Roundtable", National Association of Manufacturers, June 2021
- Panelist, "Antitrust and Oncology", Association of Community Cancer Centers Business Summit, March 2021
- Moderator, "Let’s Get an Understanding: Criminal Antitrust Enforcement in Provider Space", American Bar Association Antitrust in Healthcare Virtual Conference, February 2021
- Presenter, "A Primer on Antitrust Issues Surrounding COVID-19", Massachusetts Hospital Association, April 2020
- Moderator, "Hot Topics in Non-Merger Litigation", American Bar Association and American Health Lawyers Association Healthcare in Antitrust Conference, May 2018
- Quoted, "Antitrust Issues in the Current Healthcare Industry", The Ambulatory M&A Advisor, March 22, 2017
- Quoted, "Antitrust Issues in the Current Healthcare Industry", American Health Lawyers Association Webcast, June 14, 2016
- Panelist, "State Action and Other Immunities and Exemptions", American Health Lawyers Association Webcast, June 14, 2016
- Panelist, "Recent Developments in Health Care Antitrust", ABA Section of Antitrust Law Webcast, January 27, 2016
- Not Admitted in Illinois
- District of Columbia
- U.S. Court of Appeals for the 4th Circuit
- U.S. Court of Appeals for the 7th Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the District of Maryland
- U.S. District Court for the Eastern District of Wisconsin
- U.S. District Court for the Western District of Wisconsin
Selected for inclusion in The Best Lawyers in America, Antitrust Law, Woodward/White, Inc., 2024
Selected for inclusion in “Legal 500 United States,” Antitrust – civil litigation/class actions: defense, 2023
- Author, DOJ Announces Safe Harbor Policy for Mergers and Acquisitions, Subject to Inquiry, October 6, 2023
- Author, “There are Cops on the Beat”: DOJ’s Procurement Collusion Strike Force Leader Emphasizes Criminal Antitrust as Top Enforcement Priority, Subject to Inquiry, October 2, 2023
- Author, FTC Initiates Monopolization Lawsuit Against Roll-Up Acquisitions in Anesthesiology Markets, McGuireWoods Legal Alert, September 26, 2023
- Author, California Proposes Rules Clarifying Notice and Review Requirements for Health Care Transactions, McGuireWoods Legal Alert, August 14, 2023
- Author, Private Equity in Healthcare – An Updated Review of Selected Niche Investment Areas, McGuireWoods Legal Alert, August 7, 2023
- Author, FTC and DOJ Release Draft Updates to Horizontal and Vertical Merger Guidelines, McGuireWoods Legal Alert, July 24, 2023
- Author, Federal Trade Commission and Department of Justice Propose Overhaul of HSR Form, McGuireWoods Legal Alert, June 28, 2023
- Author, Minnesota Also Adopts Mandatory Reporting of Healthcare Transactions; Illinois Poised to Follow, McGuireWoods Legal Alert, June 5, 2023
- Author, New York to Implement Mandatory Reporting of Health Care Transactions, McGuireWoods Legal Alert, May 8, 2023
- Author, DOJ Withdraws ‘Out of Date’ Antitrust Enforcement Guidance Relating to Healthcare Providers, McGuireWoods Legal Alert, February 8, 2023
- Author, FTC Announces 2023 Hart-Scott-Rodino Premerger Filing Thresholds, McGuireWoods Legal Alert, January 24, 2023
- Author, Federal Trade Commission Proposes Rule to Bar Almost All Non-Compete Agreements in Contracts With Workers, McGuireWoods Legal Alert, January 5, 2023
- Author, New Spending Package Changes Merger Filing Fees, Bars Transferring State AG Antitrust Lawsuits, McGuireWoods Legal Alert, December 30, 2022
- Author, DOJ Antitrust, HHS Enter 2023 With New Memorandum of Understanding, Coordinated Enforcement, McGuireWoods Legal Alert, December 27, 2022
- Author, California to Require Advance Notice and Review of Certain Healthcare Transactions, McGuireWoods Legal Alert, December 15, 2022
- Author, FTC Issues New Policy on “Unfair Methods of Competition,” Shunning Past Practice, McGuireWoods Legal Alert, November 16, 2022
- Author, Antitrust Enforcers Focusing on Clayton Act Section 8, Interlocking Directorates: Know Your Risk, McGuireWoods Legal Alert, November 2, 2022
- Author, DOJ Secures Guilty Plea in First Section 2 Prosecution in Decades, McGuireWoods Legal Alert, November 2, 2022
- Author, DOJ Signals Intent to Bring Criminal Charges for Monopolization, McGuireWoods Legal Alert, March 7, 2022
- Author, Federal Trade Commission Announces 2022 Changes to Hart-Scott-Rodino Filing Thresholds, McGuireWoods Legal Alert, January 21, 2022