News & Analysis as of

Physicians Antitrust Litigation Healthcare

Kerr Russell

Yes, Dentists Are Subject to Antitrust Law

Kerr Russell on

The U.S. Justice Department (DOJ) and the Federal Trade Commission (FTC) historically have been active in the health care industry, with many prosecutions of physicians and dentists for antitrust violations. These...more

Burr & Forman

Provider and Health Care Facility Claim Submissions Now Open in $2.8 Billion Blue Cross Blue Shield Settlement

Burr & Forman on

Medical providers, including individuals, physician groups, hospitals, surgery centers, health systems and other health care facilities, may be eligible for a portion of a $2.8 billion settlement reached by the Blue Cross...more

Epstein Becker & Green

Distinguishable Products and Tying Claims in Health Care Markets

Epstein Becker & Green on

Unlawful tying occurs when an entity with market power in one product (the “tying” product) agrees to sell that product but only on the condition that the buyer also agrees to buy a second product (the “tied” product), or at...more

McDermott Will & Emery

Antitrust Litigation Update for Health Care Providers - June 2019

2018 saw a significant upswing in antitrust litigation against health care providers; 27 cases were filed in 2018 versus 17 in 2017. In the latest Antitrust Update for Health Care Providers, we discuss what caused the notable...more

Holland & Knight LLP

Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions

Holland & Knight LLP on

As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more

Pierce Atwood LLP

Two New Court Decisions Bookend Antitrust Risks for Integrated Hospitals

Pierce Atwood LLP on

A Florida federal court recently denied summary judgment to an integrated hospital system hoping to exit a multicount antitrust and unfair trade lawsuit. Four days later, the Third Circuit Court of Appeals upheld summary...more

Mintz

Ninth Circuit Affirms FTC’s Challenge to Hospital-Physician Group Merger, While Rejecting Efficiencies and Health Care Quality...

Mintz on

In a much anticipated appellate health care antitrust decision, the United States Court of Appeals for the Ninth Circuit upheld a district court’s finding that a consummated hospital-physician group merger violated Section 7...more

Parker Poe Adams & Bernstein LLP

FTC Successful Challenge to Hospital Acquisition of Physician Group

In March 2013, the Federal Trade Commission, together with the Idaho Attorney General, filed a complaint seeking to block St. Luke’s Health System’s planned acquisition of Saltzer Medical Group P.A., a multi-specialty...more

Baker Donelson

FTC's Success in St. Luke's Challenge Shows Litigation Risks to Merging Hospitals and Physicians

Baker Donelson on

In the first fully litigated challenge by the Federal Trade Commission (FTC) to a hospital acquisition of physician practices, a federal district court judge ruled that St. Luke’s Health System’s (St. Luke’s) acquisition of a...more

Burr & Forman

Discussions Among Physician Groups - Avoiding Antitrust Issues

Burr & Forman on

Driven by Federal Health Care Reform and a desire to remain independent of hospitals and health care systems, physician groups are actively exploring different collaborative and alignment options, including the formation of...more

Baker Donelson

Hospital-Physician Mergers: Practical Issues and Steps to Minimize Antitrust Risk

Baker Donelson on

Recently, hospitals have been actively acquiring primary care and specialty physician groups, resulting in the employment of those physicians. This trend has occurred largely in response to reimbursement changes and other...more

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