Healthcare Antitrust
Our antitrust counseling and litigation practice offers more than half a century of practical hands-on guidance and innovative solutions to domestic and international antitrust problems. In the healthcare industry, we advise clients on antitrust issues relating to:
- Alternative delivery systems (including ACOs)
- Clinical integration strategies
- Government (state and federal) investigations
- Hart-Scott-Rodino (HSR) filings
- Joint operating companies
- Joint ventures and provider collaborations
- Managed care contracting
- Merger/acquisition/affiliation analysis
- Messenger model formation and operation
- Monopolies
- Pay-for-performance programs
- Peer review
- Provider network formation and operation
- Staff privileges and peer review activities
Our antitrust lawyers have significant experience counseling healthcare institutions and physicians on the antitrust aspects of affiliations and mergers, acquisitions and joint ventures (including single-specialty or large multispecialty physician groups seeking to affiliate with other physicians or groups), and we have frequently represented healthcare clients before the US Federal Trade Commission, the Department of Justice and state competition authorities in connection with mergers and acquisitions and government investigations.
We bring insight to the changing relationships brought about by managed care and national healthcare reform among providers including:
- Physicians
- Physician groups
- Independent physician associations
- Hospital systems
- Emerging integrated delivery groups
We have extensive expertise in antitrust considerations involved in the formation and operation of such organizations – analyzing, negotiating and, if necessary, litigating managed care arrangements between healthcare providers and health insurers.
We have also represented medical associations and professional societies on a variety of antitrust matters, as well as pharmaceutical companies in matters involving the marketing, distribution and advertising of their products.