Health Care Antitrust

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Health care providers, hospitals, and others in the industry often achieve greater cost efficiency and profitability through mergers and acquisitions or innovative collaboration arrangements, like clinically integrated networks. However, government antitrust enforcement efforts can pose an increasing challenge to these deals, necessitating an experienced legal partner with the ability to mitigate the entire spectrum of issues impacting health care entities.

Well recognized by our reputation for achieving excellent results in health care antitrust matters, Dickinson Wright’s health care team regularly represents for-profit and nonprofit health systems, behavioral health provider organizations, physician practice groups, health plans, health care trade associations, health care consortiums, and health care joint ventures in a wide variety of antitrust matters.

Our Services

We regularly assist clients with:

  • 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.
  • Litigating a wide variety of health care antitrust challenges.

Additionally, our attorneys present on health care antitrust issues, and our views on notable health care antitrust developments are frequently sought by leading health care publications.

Representative Matters

Represented several health plans in civil antitrust litigation matters involving allegations of price fixing, refusals to deal, monopolization and monopsonization issues.

Defended health care insurers in federal and state antitrust investigations into the use of “most favored nation” clauses in payor arrangements.

Represented a health care provider in a civil antitrust litigation matter regarding his denied accreditation by a national certifying organization for anticompetitive reasons.

Advised health care providers on the antitrust issues raised by ACOs, GPOs, network admission, clinically integrated networks, physician organizations, physician hospital organizations, independent provider associates, health care joint ventures and joint contracting/messenger model issues.

Represented numerous health systems in mergers and acquisitions, including assisting them in obtaining transaction clearance from the FTC and state regulators.

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