Howard Feller Partner

Howard recently was the Chair of the American Bar Association’s Section of Antitrust Law and is a former Chair of the firm’s Antitrust and Trade Regulation Department. He concentrates on antitrust litigation, civil and criminal antitrust investigations, antitrust aspects of mergers and acquisitions, antitrust compliance programs, and commercial litigation.

His practice also includes handling investigations conducted by federal and state antitrust enforcement agencies, advertising issues, and franchising and distribution matters. Howard has worked extensively on antitrust issues in many diverse industries, and has substantial experience in conducting antitrust audits and antitrust compliance training.

Howard served as the 2014-2015 Chair of the ABA’s Antitrust Section. Previously, he served as the Chair-Elect, Vice Chair, Finance Officer, Secretary and Communications Officer, Chair of the Program Committee, Co-Chair of Sherman Act Section 1 Committee, and Chair of the Health Care Committee of the ABA Antitrust Section. He is also a past editor of both the Section 1 Newsletter and the Antitrust Health Care Chronicle published by the ABA Antitrust Section, and past Chair of the Antitrust Section of the Virginia State Bar. In addition, he has made many speeches and written a number of articles on various antitrust issues.

Experience

Obtained a directed verdict at trial in July 2017 for a construction products manufacturer in a price discrimination case brought under the Robinson-Patman Act.

Represented Wells Fargo in a class action antitrust case alleging a conspiracy relating to the migration to chip cards. We obtained total dismissal of the claims against Wells Fargo in 2016 through a motion to dismiss.

Representation of a paper manufacturer in more than 40 class action antitrust suits alleging price fixing that were consolidated into an MDL proceeding. Our client obtained a favorable settlement. Before the civil cases were filed, the firm represented the company in a grand jury price fixing investigation conducted by the U.S. Department of Justice. The federal investigation was closed without any enforcement action being taken.

Representation of a healthcare insurer in an action brought by the American Chiropractic Association, the Virginia Chiropractic Association and several chiropractors. The plaintiffs alleged a conspiracy in violation of the federal and state antitrust laws, attempted monopolization, a RICO violation, tortious interference, a common law conspiracy, breach of contract, and violation of state law. Our client obtained a total dismissal of all of the plaintiffs’ claims through a summary judgment motion, which subsequently was affirmed by the Fourth Circuit.

Representation of a manufacturer in a criminal grand jury investigation relating to potential price fixing and market allocation agreements.

Representation of numerous clients in Hart-Scott-Rodino merger investigations conducted by the FTC and the DOJ. Obtained approval of multiple transactions.

Representation of a healthcare insurer in two DOJ antitrust investigations relating to the insurer’s contracting practices. In both cases, we were effective in persuading the DOJ that the investigations should be closed and no enforcement action should be taken.

Conducted more than 30 antitrust audits for multiple clients in the U.S. and numerous foreign countries.

  • Virginia
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. Court of Appeals for the 6th Circuit
  • U.S. District Courts

Named an “Antitrust and M&A Trailblazer,” National Law Journal, September 2015

Named "Lawyer of the Year," Antitrust Law, 2016-2019, Richmond, The Best Lawyers in America, Woodward/White, Inc.

Selected for inclusion in The Best Lawyers in America, Antitrust Law, Woodward/White, Inc., 2005-2019

Selected for inclusion in International Who's Who of Competition Lawyers and Economists, Global Competition Review, 2013-2019

Selected for inclusion in International Who’s Who of Business Lawyers, Global Competition Review, 2013-2019

Selected for inclusion as a "Leading Lawyer," Antitrust: Civil Litigation and Class Actions, Virginia, Legal 500 US, 2018

Named to "Virginia Super Lawyers," Antitrust Litigation, Thomson Reuters, 2006-2019

Named to "Washington, D.C. Super Lawyers," Antitrust Litigation, Thomson Reuters, 2013-2019

Selected for inclusion in Super Lawyers Corporate Counsel Edition, Corporate Litigation, Thomson Reuters, 2013-2019

  • Author, "United States Perspective: Monopolization Claims Under Section 2 of the Sherman Act," International Bar Association’s Mid-Year Competition Conference, May 2016
  • Author, "The Boundaries of Unlawful Agreements in the United States," International Bar Association’s Annual Competition Conference, September 2015
  • Author, "Is the Battle of Economic Experts Out of Control in Antitrust Litigation?," Antitrust Magazine, Summer 2015
  • Author, "A Primer on Antitrust Law Fundamentals," Association of Corporation Counsel Program, National Capital Region, June 2015
  • Author, "Select Enforcement Initiatives Over the Past Year," Enforcers’ Roundtable Program, ABA Section of Antitrust Law Spring Meeting, April 2015
  • Author, "Best Practices for Handling Government Antitrust Investigations," Blue Cross Blue Shield Association National Summit, April 2015
  • Author, "Antitrust Considerations for Provider Networks and Joint Ventures," 10th Annual Virginia Health Care Practitioners’ Roundtable, November 2014
  • Author, "Antitrust Considerations for Provider Networks and Joint Ventures," Healthcare Finance and Growth: 2013 Southeast Healthcare Provider Conference, September 2013
  • Author, "How to Conduct an Effective Antitrust Compliance Program," Association of Corporate Counsel Compliance & Ethics Committee Program, June 2012
  • Author, "Arguments of the NFL Respondents in the American Needle Case," ABA Section of Antitrust Law Spring Meeting, April 2010
  • Author, "Antitrust Issues Raised by Internet Sales Practices and Policies," Washington Metropolitan Area Corporate Counsel Association Program, April 2009
  • Author, "Preventing Antitrust Liability: Conducting Effective Compliance Training Programs and Audits," International Business & Crime Seminar, Georgia State Bar, October 2008
  • Author, "Multi-Jurisdictional Merger Investigations: A Case Study of the Equitable-Dominion Resources Transaction," Virginia State Bar Annual Meeting, June 2008
  • Author, "A State Action Immunity Case Study: The Equitable-Dominion Resources Merger," Fall Forum Conference, ABA Section of Antitrust Law, November 2007
  • Author, "How to Conduct an Efficient and Beneficial Antitrust Audit," Association of Corporate Counsel Annual Meeting, October 2007
  • Author, "A Primer on Antitrust Law Fundamentals," Washington Metropolitan Area Corporate Counsel Association Program, September 2007
  • Author, "Antitrust Analysis of Most Favored Nation Clauses in Health Plan Contracts," Antitrust in Healthcare Conference, American Health Lawyers Association, September 2007
  • Georgetown University Law Center, JD, 1978
  • University of Virginia, BA, with High Honors, 1975

American Bar Association Section of Antitrust Law: Chair, 2014-2015; Chair-Elect, 2013-2014; Vice Chair, 2012-2013; Finance Officer, 2010-2012; Secretary and Communications Officer, 2009-2010; Past Council Member; Past Chair, Program Committee; Past Co-Chair, Sherman Act Section 1 Committee; Past Chair, Health Care Committee; Past Chair, Practice and Procedure Subcommittee of FTC Committee

Virginia State Bar: Chair, Antitrust Section, 1995-1996; Past Member, Board of Governors, Sections of Antitrust and Health Care

Boys and Girls Clubs of Richmond: Past President

Better Business Bureau of Central Virginia: Past Board Member and General Counsel

National Conference of Christians and Jews: Past President

Leadership Metro Richmond: Past Participant; Curriculum Committee

  • Interviewer, "Fireside Chats with Spain and Portugal Enforcers," ABA Section of Antitrust Law Spring Meeting, March 2019
  • Chair, "Antitrust Masters Course IX," ABA Section of Antitrust Law, October 2018
  • Moderator, "View from the FTC," ABA Section of Antitrust Law Masters Course, October 2018
  • Moderator, "Antitrust Enforcement and Hot Topics Forum," Association of Corporate Counsel — National Capital Region Program, May 2018
  • Interviewer, "Fireside Chats with Brazil and Argentina Enforcers," ABA Section of Antitrust Law Spring Meeting, April 2018
  • Speaker, "Hot Topics in Antitrust Enforcement and Litigation," McGuireWoods Antitrust Compliance and Enforcement Conference, October 2017
  • Speaker, "Monthly Antitrust Developments Update," Corporate Counseling Committee Program, ABA Antitrust Section, May 2017
  • Interviewer, "Fireside Chats with Argentina and Australia Enforcers," ABA Section of Antitrust Law Spring Meeting, March 2017
  • Speaker, "Competitor Collaborations and Joint Ventures," Hot Topics in Antitrust Compliance and Enforcement, McGuireWoods Seminar, December 2016
  • Speaker, "Healthcare Antitrust Hot Topics," 11th Annual Healthcare Provider Conference: Healthcare Finance and Growth, October 2016
  • Speaker, "Unilateral Conduct in Latin America: On The Radar," International Bar Association’s Mid-Year Competition Conference, May 2016
  • Moderator, "Fireside Chat with President of Brazil’s CADE Agency," ABA Section of Antitrust Law Spring Meeting, April 2016
  • Moderator, "Women in Antitrust: Does Gender Matter?," ABA Section of Antitrust Law Spring Meeting, April 2016
  • Speaker, "Healthcare Antitrust: Hot Issues in M&A, Joint Ventures and Competitor Collaboration," McGuireWoods Seminar, February 2016
  • Speaker, "Healthcare Litigation: False Claims, Antitrust and Commercial Issues," McGuireWoods Seminar, December 2015
  • Speaker, "Antitrust Hot Topics," McGuireWoods Seminar, October 2015
  • Speaker, "What are the Boundaries of Unlawful Agreements," International Bar Association’s Competition Conference, September 2015
  • Moderator, "Antitrust Issues in Licensing and Distribution," ABA Antitrust Section’s Antitrust in Americas Conference, ABA Section of Antitrust Law & IBRAC, June 2015
  • Speaker, "Demonstration of an Effective Antitrust Compliance Training Program", Association of Corporate Counsel Program, June 2015
  • Moderator, "What’s Ahead for Antitrust Enforcement in Latin America: A Conversation with the Enforcers," ABA Antitrust Section’s Antitrust in Americas Conference, ABA Section of Antitrust Law & IBRAC, June 2015
  • Speaker, "Provider and Payor Transactions: Avoiding Antitrust Pitfalls," Annual Healthcare Litigation Conference, May 2015
  • Moderator, "Chair’s Showcase: Rethinking Antitrust Economics for the 21st Century," ABA Section of Antitrust Law Spring Meeting, April 2015
  • Moderator, "Enforcers’ Roundtable," ABA Section of Antitrust Law Spring Meeting, April 2015
  • Speaker, "Best Practices for Handling Government Antitrust Investigations," Blue Cross Blue Shield Association National Summit, April 2015
  • Speaker, "Antitrust Issues for Healthcare Providers", March 2015
  • Speaker, "Antitrust Considerations Relating to Provider Joint Ventures," Virginia Health Care Practitioners’ Roundtable, Virginia Bar Association, November 2014
  • Moderator, "Interview with Assistant Attorney General William Baer," Antitrust Masters Course VII, ABA Antitrust Section, October 2014
  • Speaker, "Antitrust in Healthcare," Healthcare Provider Conference, September 2014
  • Speaker, "Antitrust Implications of Hospital Transactions," McGuireWoods Webinar Series, December 2013
  • Speaker, "Healthcare Antitrust: Physician Contracting and Joint Ventures," Healthcare Finance and Growth: 2013 Southeast Healthcare Provider Conference, September 2013
  • Speaker, "2013 and Beyond: Antitrust in Obama’s Second Term," ABA Section of Antitrust Law Spring Meeting, April 2013
  • Speaker, "How to Conduct An ‘Effective’ Antitrust Compliance Program," Association of Corporate Counsel Compliance & Ethics Committee Program, June 2012
  • Speaker, "The American Needle Case," ABA Section of Antitrust Law Spring Meeting, April 2010
  • Speaker, "Antitrust Roundtable with Senior Government Officials", Virginia State Bar Seminar, March 2010
  • Speaker, "Unlocking the Restraints: Antitrust Considerations for Distribution and Sales Practices," Washington Metropolitan Area Corporate Counsel Association Program, April 2009
  • Speaker, "Government Antitrust Enforcement Activities," International Business & Crime Seminar, October 2008
  • Speaker, "US & EU Antitrust Issues: Do’s & Don’ts," German American Trade Association Meeting, October 2008
  • Speaker, "Multi-Jurisdictional Merger Investigations: A Case Study of the Equitable-Dominion Resources Transaction," Virginia State Bar Annual Meeting, June 2008
  • Speaker, "A State Action Immunity Case Study: The Equitable-Dominion Resources Merger," Fall Forum Conference, November 2007
  • Speaker, "How to Conduct an Efficient and Beneficial Antitrust Audit," Association of Corporate Counsel Annual Meeting, October 2007
  • Speaker, "Antitrust Analysis of Most Favored Nation Clauses in Health Plan Contracts," ABA Antitrust in Healthcare Conference, September 2007
  • Speaker, "Practical Antitrust Workshop," Washington Metropolitan Area Corporate Counsel Association Program, September 2007
  • Speaker, "Hot Button Antitrust Issues Affecting Pharmaceutical & Medical Devices Companies," Conference sponsored by McGuireWoods, April 2007
Back to top