Healthcare Antitrust

As healthcare providers, hospitals and other healthcare industry entities strive to achieve greater cost efficiencies and profitability through mergers and acquisitions or through collaboration arrangements with ACO’s and other innovative arrangements, government antitrust enforcement efforts pose an increasing challenge. Experienced across the entire spectrum of issues impacting healthcare entities, Dickinson Wright’s Healthcare Group regularly represents for-profit and nonprofit health systems, physician practice groups, health plans, healthcare trade associations, healthcare consortiums and healthcare joint ventures in a wide variety of antitrust matters.

Our healthcare antitrust experience includes representing healthcare entities in governmental antitrust investigations, civil antitrust litigation, mergers and acquisitions and other transactional matters, on both local and national levels. We provide strategic guidance and regulatory compliance assistance, and litigate a wide variety of healthcare-related antitrust challenges.

Among our areas of expertise are:

  • Unfair and deceptive pricing claims.
  • Group purchasing and contracting issues.
  • Network creation and exclusion issues.
  • Antitrust compliance issues in the context of mergers and acquisitions, collaborations, joint ventures and other strategic alliances.
  • Conspiracy claims including wage-fixing, exclusionary conduct, and refusals to deal.
  • Hart-Scott-Rodino Act compliance
  • Certificates of Need.

Well recognized for our expertise, industry knowledge, and reputation for achieving excellent results in healthcare antitrust matters, our attorneys have presented on healthcare antitrust issues and our views on notable healthcare antitrust developments are frequently sought by leading healthcare publications.

Representative Matters

Matters we have recently handled include:

  • Representing several health plans in civil antitrust litigation matters involving allegations of price fixing, refusals to deal, monopolization and monopsonization issues.
  • Defending healthcare insurers in federal and state antitrust investigations into the use of “most favored nation” clauses in payor arrangements.
  • Representing a healthcare provider in a civil antitrust litigation matter regarding his denied accreditation by a national certifying organization for anticompetitive reasons.
  • Advising healthcare providers on the antitrust issues raised by ACOs, GPOs, network admission, clinical integration, healthcare joint ventures and joint contracting/messenger model issues.
  • Representing numerous health systems in mergers and acquisitions, including assisting them in obtaining transaction clearance from the FTC and state regulators.