Antitrust

Antitrust compliance and enforcement are topics of recurring interest across the health care industry. By its nature, health care involves frequent collaboration among providers and other industry participants. Sometimes this collaboration can create challenges with respect to antitrust compliance. Additionally, because of the importance of health care to the national economy and well being, the industry has been a frequent subject of antitrust litigation and government investigation.

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Members of our Health Care team have broad experience in representing health care clients both in the transactional context and in the litigation context. We are familiar with antitrust laws and regulations, both as they apply generally to business practices and as to some of the particular applications within the health care industry.

Representative projects include the following:

• Defense of a health care network in an antitrust challenge by ancillary service providers arising out of the network’s refusal to include the providers on its panel.
• Advice and representation of hospitals involved in mergers and acquisitions.
• Formation of a network of cardiovascular surgeons and representation of the network in connection with a state antitrust inquiry into the legality of the network.
• Formation of a physician hospital organization and related antitrust advice.
• Ongoing counsel to an independent practice association concerning antitrust compliance.
• Ongoing representation of a state dental association in connection with antitrust compliance.
• Representation of a physician-controlled health care service contractor, including advice on antitrust compliance.
• Advice concerning group purchasing arrangements.
• Advice concerning compliance with price discrimination laws, including exemptions for purchases by non-profit organizations.
• Advice concerning duties to deal with providers and competitors.
• Defense of government investigations.
• Antitrust challenges in the context of physician peer review.
• Antitrust compliance programs.

Health Care Team Contact

• E. Walter Van Valkenburg