Lauren T. Fleming

Counsel

Overview

Lauren Fleming is a counsel in Crowell & Moring’s Washington, D.C. office and a member of the firm’s Antitrust & Competition Group. Lauren delivers comprehensive counsel across transactional, litigation, and criminal antitrust matters, with a focus on representing merging parties and third parties in merger investigations by the Federal Trade Commission, the Department of Justice, state attorneys general, and foreign antitrust agencies.

In addition to her transactional experience, Lauren has successfully represented clients in high-profile antitrust class actions and criminal investigations involving allegations of price fixing, bid rigging, and no-poach agreements. Her extensive experience spans industries such as aerospace and defense, healthcare, telecommunications, agriculture, and technology, enabling her to offer tailored, industry-specific strategies.

Career & Education

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    • University of Kansas, B.A., Magna cum Laude, 2016
    • University of Minnesota Law School, J.D., cum Laude, 2019
    • University of Kansas, B.A., Magna cum Laude, 2016
    • University of Minnesota Law School, J.D., cum Laude, 2019
    • District of Columbia
    • Kansas (inactive)
    • Missouri (Inactive)
    • District of Columbia
    • Kansas (inactive)
    • Missouri (Inactive)

Lauren 's Insights

Client Alert | 5 min read | 02.12.25

The FTC Goes to the Mattresses (And Loses): Why Tempur Sealy/Mattress Firm Represents Another Setback for Vertical Merger Enforcement Efforts

The Southern District of Texas published an unsealed version of its January 31, 2025 opinion denying the Federal Trade Commission’s (FTC) motion for a preliminary injunction to enjoin Tempur Sealy’s acquisition of Mattress Firm. The decision marks another loss for vertical merger enforcement efforts, particularly agency efforts to block these deals outright rather than accept settlement “fixes.” This case—coupled with other agency losses like AT&T/Time Warner and Microsoft/Activision—will likely make it even more difficult for enforcers to win vertical merger challenges, particularly when the merging parties lack sufficient market share to foreclose competitors and offer remedies to fix the alleged competitive concerns....

Representative Matters

  • Represented Novant Health in the FTC’s investigation of and litigation challenging the proposed acquisition of two CHS hospitals, successfully defeating the agency’s motion for preliminary injunction in district court (transaction abandoned after injunction pending agency’s appeal).
  • Represented a multinational corporation in a grand jury investigation into hiring practices (alleged no-poach/non-solicitation agreements) and related class action litigation.
  • Represented a brick-and-mortar and online food retailer in the FTC and state attorneys general investigation of and litigations challenging Kroger’s acquisition of Albertsons.
  • Represented a technology company in the FTC’s Broadcom/VMware investigation.
  • Represented a retailer in obtaining regulatory clearance of a merger after receiving a Second Request. 
  • Represented a national commodity cooperative in a lawsuit filed by the Department of Justice to block a proposed merger between its member and another producer.
  • Represented a defendant in a collection of class action and individual antitrust lawsuits alleging that chicken producers conspired to reduce the supply of chicken in an effort to drive up prices. 
  • Represented a defendant in a collection of class action and individual antitrust lawsuits alleging production-fixing claims against pork producers.

Lauren 's Insights

Client Alert | 5 min read | 02.12.25

The FTC Goes to the Mattresses (And Loses): Why Tempur Sealy/Mattress Firm Represents Another Setback for Vertical Merger Enforcement Efforts

The Southern District of Texas published an unsealed version of its January 31, 2025 opinion denying the Federal Trade Commission’s (FTC) motion for a preliminary injunction to enjoin Tempur Sealy’s acquisition of Mattress Firm. The decision marks another loss for vertical merger enforcement efforts, particularly agency efforts to block these deals outright rather than accept settlement “fixes.” This case—coupled with other agency losses like AT&T/Time Warner and Microsoft/Activision—will likely make it even more difficult for enforcers to win vertical merger challenges, particularly when the merging parties lack sufficient market share to foreclose competitors and offer remedies to fix the alleged competitive concerns....

Lauren 's Insights

Client Alert | 5 min read | 02.12.25

The FTC Goes to the Mattresses (And Loses): Why Tempur Sealy/Mattress Firm Represents Another Setback for Vertical Merger Enforcement Efforts

The Southern District of Texas published an unsealed version of its January 31, 2025 opinion denying the Federal Trade Commission’s (FTC) motion for a preliminary injunction to enjoin Tempur Sealy’s acquisition of Mattress Firm. The decision marks another loss for vertical merger enforcement efforts, particularly agency efforts to block these deals outright rather than accept settlement “fixes.” This case—coupled with other agency losses like AT&T/Time Warner and Microsoft/Activision—will likely make it even more difficult for enforcers to win vertical merger challenges, particularly when the merging parties lack sufficient market share to foreclose competitors and offer remedies to fix the alleged competitive concerns....