Antitrust in Health Law

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As the healthcare industry continues to evolve through mergers, acquisitions, joint ventures, and new care delivery models, antitrust considerations have become increasingly important—and increasingly complex. Whether forming a clinically integrated network, expanding through acquisition, or exploring innovative partnerships, healthcare entities must navigate a regulatory landscape that is constantly shifting.

Dickinson Wright’s Health Law team offers strategic, experienced counsel to help clients anticipate and respond to antitrust issues at every stage of the business lifecycle. Our attorneys work with healthcare systems, physician groups, behavioral health organizations, health plans, trade associations, and collaborative ventures to develop practical, compliant solutions that support long-term growth.

We combine deep knowledge of healthcare operations with a thorough understanding of antitrust law, enabling us to guide clients through both planning and enforcement matters with clarity and precision.

Our Antitrust Services Include:

  • Antitrust risk analysis and regulatory strategy for mergers, acquisitions, and affiliations

  • Joint ventures and clinically integrated networks

  • Group purchasing and contracting issues

  • Conspiracy claims, including wage-fixing, market allocation, and refusals to deal

  • Hart-Scott-Rodino (HSR) Act compliance and pre-merger review

  • Pricing and exclusion concerns, including unfair or deceptive practices

  • Certificate of Need implications in competitive markets

  • Antitrust litigation and responses to government investigations

Our attorneys are also active in thought leadership across the healthcare antitrust space—speaking at industry events and contributing to leading publications to keep clients informed of emerging trends and enforcement priorities.

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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