Jason C. Murray

Jason C. Murray is co-chair of Crowell & Moring’s global antitrust and competition group. Representing both plaintiffs and defendants, his work with Fortune 500 companies in critical litigation has resulted in the saving of businesses and the recovery of hundreds of millions of dollars for clients.

He represents Cardinal Health, Inc. in a multidistrict class action litigation alleging a conspiracy among generic pharmaceutical manufacturers and distributors to fix prices and allocate customers across more than 100 different drugs. In MDL 2724 In Re Generics Pharmaceuticals Pricing Antit. Litig.,

The case, which also involves government investigations, is significant as it blurs the line between manufacturers and distributors, challenging traditional notions of vertical and horizontal relationships in antitrust law. Murray’s defense successfully won a motion to dismiss, although plaintiffs have since filed an amended complaint.

“It challenges the very definition of what constitutes a conspiracy and whether ordinary buyer/seller communications can be deemed nefarious,” Murray said. “This is an important distinction to maintain in antitrust law, and this case showcases the complexity and importance of modern legal challenges.”

Murray continued: “In a massive MDL like the one described above, it is easy to be swept along by the tide of the litigation. Balancing that while establishing an independent voice for our differently-situated group of defendants has been an ongoing challenge.”

In another notable case filed in California state court, Murray represented Centene against allegations by the liquidating trust for Verity Health. VHS Liquidating Trust vs. Multiplan Corporation.

The lawsuit claimed that MultiPlan, a health care cost management company and major health insurers, including Centene, violated California’s Cartwright Act and Unfair Competition Law. The plaintiffs accused these insurers of using MultiPlan to orchestrate an agreement to reduce out-of-network reimbursement for providers across the country, amounting to more than $90 billion in denied reimbursements since 2012. Murray successfully settled all claims against Centene.

Regarding trends in antitrust law, he said there are two critical questions at hand.

“First, there’s the challenge of how courts will measure consumer harm in the Big Tech era, especially when a service or product is offered at lower costs or even free, but may still threaten harm to fair competition,” Murray said. “Secondly, the increasing role of AI in shaping pricing, output or other competitively sensitive decisions. For instance, how will courts define an ‘agreement’ among competitors, particularly when traditional forms of interaction, such as in-person meetings or direct information exchange, may not apply?”

Outside of his professional duties, Murray serves on the board of trustees for a Maori trust in his birth country, New Zealand, and is the chairman of the board of Volunteers of America, Los Angeles, where he addresses issues like homelessness, job training and recovery services for veterans.